Moeketsi Mokoena v The State

The appellant, an employee of SBV Cash Services, was charged with theft of R1 million belonging to his employer. During his regional court trial, after the State closed its case, the appellant testified and sought to call a further witness regarding video footage. Despite postponements, the witness failed to attend court. Without the State giving prior notice, the regional court magistrate mero motu invoked s 342A(3)(d) of the Criminal Procedure Act 51 of 1977, refused a further postponement, ordered that the defence case be regarded as closed, and proceeded to convict and sentence the appellant to 15 years’ imprisonment. On appeal, the High Court found the use of s 342A irregular but remitted the matter back to the same magistrate to continue the trial. The appellant appealed further to the Supreme Court of Appeal.

The appeal was upheld. The order of the High Court was set aside. The appellant’s conviction and sentence were set aside, and it was ordered in terms of s 324(c) of the Criminal Procedure Act that proceedings may be reinstituted on the same charge before a different magistrate.

The case clarifies the strict and peremptory requirements for invoking s 342A of the Criminal Procedure Act and underscores the importance of prior notice to safeguard the accused’s right to a fair trial under s 35(3) of the Constitution. It also confirms the proper remedy where an irregularity causes a failure of justice and the application of s 324(c) without offending the principle against double jeopardy.