Country
Court
Type of court
Seat of court
Windhoek
Court jurisdiction
Date of opinion
2018
Abstract
The Magistrate Court commenced trial without the accused persons having pleaded to the charges. The Magistrate referred the matter for special review before sentencing of the accused persons. Court found that it had jurisdiction in terms of section 20(1)(c) of the High Court Act 16 of 1990 to review the proceedings of a Magistrate’s Court. Thus, the Court ordered that proceedings should be set aside, and the matter remitted to the Magistrates’ Court to be dealt with in terms of the relevant provisions of the Criminal Procedure Act 51 of 1977.
Language of document
English
Reference number
[2018] NAHCMD 119
Charges
The accused first appeared on the 14 March 2013, on three charges, each, of contravening certain provisions of the Nature Conservation Ordinance 4 of 1975.
Transnational
No
Decision
Proceedings were set aside, and matter remitted to the Magistrates’ Court to be dealt with in terms of the relevant provisions of the Criminal Procedure Act 51 of 1977.
Appealed
No
Penalty
Penalty Imprisonment: Fine: Community service: Probation: Other: Effect of penalty Suspended: Backdated:
Court cases cited
S v Asino and Another Case No. 281/2011, (Unreported) delivered on 18 November 2011
Legislation cited
High Court Act, No. 16 of 1990
Criminal Procedure Act, No. 51 of 1977
Nature Conservation Ordinance, No. 4 of 1975
Text and analysis