SWAZILAND HIGH COURT

MARIO VINCENT

DAVID SIBANDZE

VS

REX

CRI. REVIEW NO. 48/99

CORAM : S.W. SAPIRE

:

JUDGEMENT ON REVIEW

(21/07/99)

The case against Mario Vincent and David Sibandze, Manzini Criminal Case No. 336/96 has been placed before me. Presiding Magistrate has set out the sorry story of this prosecution …….. which I attach hereto.

It appears to me that there is little that can be done otherwise than to declare the proceedings in the Magistrate’s Courts a nullity in view of the absence of the record and set proceedings such as they were aside. The order I therefore make is that proceedings in Criminal Case No. 336/96 Manzini are set aside.

S.W. SAPIRE, CJ