S v Kirsch

• Jurisdiction: South Africa
• Judge: JI Cloete J and NJ Yekiso J
• Judgment Date: 19 February 2014
• Docket Number: A269/2013
• Court: Western Cape High Court, Cape Town
• Hearing Date: 19 February 2014
• Citation: 2014 JDR 0301 (WCC)

S v Kirsch
2014 JDR 0301 (WCC)

2014 JDR 0301 p1

Citation	2014 JDR 0301 (WCC)
Court	Western Cape High Court, Cape Town
Case no	A269/2013
Judge	JI Cloete J and NJ Yekiso J
Heard	February 19, 2014
Judgment	February 19, 2014
Appellant/; Plaintiff	State
Respondent/; Defendant	David Kirsch

Summary

Criminal law — Review — Powers of court — Before conviction, during trial stage — Came to magistrate's attention during trial that friend would be called as witness — Magistrate recused herself — High court has no power to review in terms of s 304(4) of the Criminal Procedure Act, applicable after conviction and/or sentence — Section 24 of Supreme Court Act 59 of 1959 applicable — High court may intervene on ground of 'interest in the cause or bias' on part of magistrate — Ultimately, what must be determined is fairness of proceedings — Proceedings set aside, matter to be heard by another presiding officer.