2

REPUBLIC OF NAMIBIA

NOT REPORTABLE

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

REVIEW JUDGMENT

Case no: CR 83/2016

In the matter between:

THE STATE

and

GOTLIEB URIKHOB ACCUSED

(HIGH COURT MAIN DIVISION REF. NO. 1423/2016)

(MAGISTRATE REVIEW NO. 34/2016)

Neutral citation: S v Urikhob (CR 83/2016) [2016] NAHCMD 364 (16 November 2016)

Coram: SIBOLEKA J AND USIKU J

Delivered: 16 November 2016

Flynote: Criminal procedure: Matter where witnesses have testified and the presiding officer leaves Magistracy before it is finalized –trial be started de novo before another Magistrate.

Held: The proceedings held before Magistrate Nghishitende, Kaulikalelwa Ndatalanawa are set aside to enable another Magistrate at the same station to start the trial de novo.

______

ORDER

______

In the result I make the following order:

The proceedings held before Magistrate Nghishitende Kalikalelwa Ndatalanawa are set aside, to enable any other Magistrate at the same station to start the trial de novo.

REVIEW JUDGMENT

SIBOLEKA J (USIKU J concurring):

[1] This matter comes before me on review in terms of section 304(4) of the Criminal Procedure Act 51 of 1977 as amended.

[2] The accused appeared before the Magistrate’s Court, Windhoek on charges of attempted murder (assault) and Negligent discharge or placement of a firearm in contravention of section 38(1) read with sections 1, 38 and 39 of the Arms and Ammunition Act, Act 7 of 1996 as amended.

[3] He pleaded not guilty and the evidence was digitally recorded before Magistrate Nghishitende Kaulikalelwa Ndatalanawa but could not be finalized since she has left the Magistracy. It is for this reason that these proceedings cannot be allowed to stand.

[4] In the result I make the following order in terms of section 304(2)(c)(iii) and (v):

The proceedings before Magistrate Nghishitende Kaulikalelwa Ndatalanawa are set aside and the matter is remitted back to the Magistrate’s Court to enable any other Magistrate at the same station to start the trial de novo.

______

A M SIBOLEKA

Judge

______

D N USIKU

Judge