IN THE HIGH COURT OF SWAZILAND HELD AT MBABANE
REVIEW CASE NO. 867/2008 District Record No. ML 114 of 2008
In the matter between:
REX
Vs
SABELO SELBY MKHABELA
Date of consideration: 26 January, 2009 Date of Order: 27 January, 2009
ORDER ON REVIEW
MASUKU J.
[1] I have read the record of proceeding in the instant matter. It is, however, unclear to me upon what admitted facts the accused was convicted of the offence of indecent assault.
[2] The learned Magistrate is required to advise regarding the facts proved or admitted and upon which the verdict was predicated.
[3] In particular, what proof was placed before the trial Court, as required by Section 238 (1) (b) of the Criminal Procedure and Evidence Act, 67 of 1938 was before Court that the offence was actually committed?
[4] The learned Magistrate is required to respond to the above queries within 14 days from receipt of this query.
T.S. MASUKU JUDGE
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