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CASE NO.: CR 53/06
IN THE HIGH COURT OF NAMIBIA
In the matter between:
THE STATE
versus
MULANDULENI NAMWANDI
(HIGH COURT REVIEW CASE NO.: 531/06)
CORAM: VAN NIEKERK, J et MTAMBANENGWE, AJ
Delivered: 2006-05-19
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REVIEW JUDGMENT:
MTAMBANENGWE, AJ.: This is a special review matter brought to the courts attention by the Divisional Magistrate who stated:
"Having perused this case record I came to the conclusion that there is a need to have it rectified in a form of special review, before it can proceed.
In this case the accused pleaded guilty before Ms S N Walters. He was questioned i.t.o. Sec 112(1)(b) Act 51/1977 and convicted. The Magistrate went on with mitigation. I suspect that while busy with mitigation it was brought to the attention of the Magistrate that the matter first needed a decision of PG, before proceeding.
The matter was then referred to the PG for her decision. The PG decided that accused be arraigned in the Magistrate's Court on the same charge.
In my capacity as the Divisional Magistrate, I now send/refer this matter on special review i.t.o Sec 304(4) of act 51/1977. I request the Honourable Reviewing Judge to either set aside the proceedings of Ms SN Walters so that the trial start afresh or order/direct that Ms S N Walters proceed to finalize the case; whichever is appropriate."
The proceedings are set aside as recommended. In accordance with the principle that anything done not in accordance with the law is to be regarded a nullity the matter is remitted to the trial magistrate to start afresh.
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MTAMBANENGWE, AJ
I agree
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VAN NIEKERK, J