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[2012] ZAGPPHC 291
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Skhosana v S (A807/12) [2012] ZAGPPHC 291 (15 November 2012)
NOT
REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH
GAUTENG, PRETORIA)
High
Court Ref.No. 1071
Magistrate’s
serial no: REVIEW 7/12
Case
no:D338/10
Case
Number:A807/12
DATE:15/11/2012
In
the matter between:
JABULANI
SPHIWE SKHOSANA APPLICANT
AND
THE
STATE RESPONDENT
REVIEW
JUDGMENT
BAQWA
J
[1]
The accused was convicted in the Regional Magistrate's Court,
Mankweng and sentenced to three(3) years imprisonment.
[2]
The charge was that the accused had contravened the provisions of
Section 3 read with schedule 4 and
section 151
of the
Firearms
Control Act 60 of 2000
in that on 26 July 2010 at Mankweng in the
district of Polokwane he had been found in possession of a firearm.
[3]
The plea of the accused amounted to a bare denial in that he stated
that he never possessed a firearm.
[4]
The case has been brought before me by way of review in chambers.
[5]
Upon perusal of the record i noted that a number of alterations or
amendments have purportedly been effected in ink on the typed
record.
There is no indication as to who the author of the alterations or
amendments was. They have not been certified by the transcriber
of
the record.
[6]
The amendments or alterations do not accord with the requirements
regarding the reconstruction of case records when this becomes
necessary. These are set out in the case of
S
v Gora and Another 2010(1) SACR 159(WCC) where It was held that where
the record of a criminal trial has been lost and has to
be
reconstructed, the reconstruction process is part and parcel of the
fair trial process and includes the following:
"
the accused must be informed of the missing portion to be
reconstructed; of his right to participate in the reconstruction
process; his right to a legal representative in such a construction
process; the right to have the reconstruction process interpreted
for
him should he require the service of the interpreter. The
reconstruction process must give effect to the accused’s right
to public trial before an ordinary court. ”
[7]
In casu, the record has not been lost so we are dealing only with the
reconstruction process. The guidelines have to be followed.
[8]
In the result it is suggested that the following order be made:
8.1.
The case is remitted to the Magistrate’s Court for a
reconstruction of the record as per guidelines stated herein.
8.2.
The alterations or amendments must then be factored into the record
and duly certified and signed by the transcriber.
8.3.
The case can then be sent for review.
Dated
and signed at Pretoria this 7th day of November 2012.
S.A.M.
BAQWA
(JUDGE
OF THE HIGH COURT)
I
agree and it is so ordered.
N.
M .MAVUNDLA .
(JUDGE
OF THE HIGH COURT)