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NOT REPORTABLE

SOUTH GAUTENG HIGH COURT

JOHANNESBURG

High Court Ref No: 133/12

Magistrate’s Serial No: 05/12

Review Case No: 7/179/2011

DATE:08/09/2012

Magistrate

RANDBURG

THE STATE v CHRISTOPHER NICOLAS

REVIEW JUDGMENT

LAMONT, J:

[1] This matter comes before me on review.

[2] During the course of the trial it was discovered that the accused’s evidence had not been recorded.

[3] The magistrate hearing the matter, a senior magistrate and the counsel representing the State and the accused met in the senior magistrate’s chambers and reached a decision that the matter should be sent on review.

[4] No decision was made by the magistrate in the trial itself. What happened was that an administrative decision was made by a group of persons as to the further conduct of the matter.

[5] That group of persons clearly does not constitute a group with authority to make any decision in the matter.

[6] In my view there is no decision in the matter itself which is capable of review. The review proceedings are accordingly incompetent.

[7] In passing I would mention that the course to follow in reconstruction of the records has been fully dealt with in the matter of S v Zenzile 2009 (2) SACR 407 (WCC).

[8] I make the following order:

1. The application to review the proceedings is refused.

2. The matter is referred back to the magistrate hearing it to continue with the trial.

_____________________________

C G LAMONT

JUDGE OF THE SOUTH GAUTENG

HIGH COURT, JOHANNESBURG

I agree:

_____________________________

R MATHOPO

JUDGE OF THE SOUTH GAUTENG

HIGH COURT, JOHANNESBURG

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