S v GAVAZA 1984 (2) ZLR 13 (H)

Flynote

Criminal procedure — trial — plea — once accused has pleaded before a particular magistrate, entitled to a verdict from that magistrate — trial de nova before another magistrate not permissible unless original magistrate has died or recused himself- Criminal Procedure and Evidence Act [Chapter 59] — s 163(5).

Headnote

In terms of s 163(5) of the Criminal Procedure and Evidence Act [Chapter 59] the accused, once he has pleaded, is entitled to a verdict from the court before which he has pleaded. There are exceptions provided by the Act itself. It is also permissible for the trial to be started de novo before another court in such circumstances as the death or recusal of the original judicial officer. In such an event, the proceedings should be commenced afresh: the charge should be put to the accused again and he should again plead to it. It would not be in order for the second judicial officer merely to confirm the original plea.

If the original judicial officer leaves the judicial service or becomes incapacitated for a lengthy period, the case should be referred to the High Court so that the proceedings can be set aside and the trial commenced de nova.