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S v Laubscher (A837/14) [2014] ZAGPPHC 871 (7 November 2014)

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IN THE HIGH COURT OF SOUTH AFRICA

(NORTH GAUTENG HIGH COURT IN PRETORIA)

DATE: 7 NOVEMBER 2014

CASE NO.: A837/14

In the matter between

STATE

vs

ANDRE LAUBSCHER

CASE NO: 1237/11

REVIEW JUDGMENT

COETZEE, J:

[1] The accused pleaded not guilty to charges of theft in the Nelspruit Magistrate Court.

[2] The contract magistrate’s contract expired. He failed to attend to the partly heard matter.

[3] The senior magistrate, Nelspruit, has asked me to make an order setting aside the proceedings in that Court and to issue an order that the matter must start de novo.

[4] In the result I make the following order:

1. The proceedings in the Nelspruit Magistrate’s Court in the matter of Sate vs A Laubscher, Nelspruit case no: 1237/11 are set aside.

2. The matter must start de novo



N J COETZEE

JUDGE OF THE HIGH COURT

I AGREE:

F G PRELLER

JUDGE OF THE HIGH COURT