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[2006] ZAFSHC 64
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S v Khasane and Another (84/06/01) [2006] ZAFSHC 64 (21 December 2006)
IN
THE HIGH COURT OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review
No. : 1384/06
In
the review between:-
THE
STATE
versus
DANIEL
KHASANE
First accused
MOCHEKACHEKA
MOSITO
Second accused
CORAM:
HANCKE
J
et
KRUGER J
_______________________________________________________
JUDGMENT
BY:
KRUGER J
_______________________________________________________
DELIVERED
ON:
21 DECEMBER 2006
_______________________________________________________
[1] This is a special
review, sent by the magistrate at Ficksburg.
[2] The
two accused were charged with stock theft under Act 57 of 1959,
alternatively, possession of stock or produce in respect whereof
there is a reasonable suspicion that it has been stolen (section 2 of
Act 57 of 1959).
[3] Both accused were
legally represented and pleaded not guilty.
[4] During
the evidence it appeared that the complainant is a Lesotho citizen
and that the offence was committed in Lesotho. Both
accused are
Lesotho citizens. The matter was reported to the Lesotho Police and
apparently another person is standing trial in Lesotho
for theft of
the same livestock. It appears that the hide of one of the stolen
cows was recovered in Ficksburg.
[5] The
magistrate took the view that he had no jurisdiction to pronounce on
something that happened in Lesotho, and stopped the proceedings
in
terms of
section 6(b)
of the
Criminal Procedure Act 51 of 1977
.
After he had adjourned the court, the magistrate realised that he did
not have the power to stop the proceedings. He concluded
that his
order stopping the proceedings was erroneously made, and requests
that it be set aside.
[6] The
magistrate is correct that only the Director of Public Prosecutions
or a person authorised thereto by the Director of Public
Prosecutions
holds the power to stop criminal proceedings under
section 6(b)
of
Act 51 of 1977.
[7] The following order
is made:
1. The order of the
magistrate stopping the prosecution under section 6(b) of Act 51 of
1977 is set aside.
2. The case is remitted
to the magistrate to continue and conclude the trial.
____________
KRUGER,
J
I
concur.
________________
S.P.B.
HANCKE, J
/sp