South Africa: North Gauteng High Court, Pretoria

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[2014] ZAGPPHC 871
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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