IN THE HIGH COURT OF LESOTHO
In the Appeal of :
MARAKABEI KHOELI PHAFOLI MOTEMEKOANE
Delivered by the Hon. Mr. Justice M,P. Mofokeng on
the 18th March. 1986.
Both appellants were convicted by a Subordinate Court
with the crime of theft. The details thereof are not necessary save
that each of the appellant was sentenced to serve a
period of 12 (twelve) months. Both appellants are on bail pending the
of their appeal.
On the purported day of hearing appellants made no
appearances neither did their legal representative. The notice of set
been served on the appellants.
When a record of the case reaches the Registrar of the
High Court, he must then place a copy of such record before
a judge of the High Court. The latter peruses it and decides
whether to dismiss the appeal summarily in terms of sec. 327 of the
Procedure and Evidence Act 1981 or causes the matter to be
placed on the roll. The appellants and the Director of Public
are served with the said notice.
In the present case there is no indication whatsover nor
does the Registrar remember compliance with sections 327 and 328
This is a very serious omission indeed because what has been
ommitted is part of the chain in the prosecution of an appeal.
(William Mabote v Rex. CRI/A/55/83), The Registrar has
no right to cause a notice to be served on the parties without and
order of the High Court. He cannot deprive the High Court
of exercising its duty in terms of sections 327 and 328 (supra). This
is a very serious ommission
on the part of the Registrar.
Consequently, the matter was irregularly placed on the
roll for hearing for today Neither can the Court order forfeiture of
bail, when the provisions of the law have been ignored.
In the result, the matter was struck off the roll for
hearing for today. When the position, as set out above, is
regularised the matter
may be set down for hearing.
Crown Counsel in fairness to him entirely agreed with
the Court's view.
J U D G E. 18th March, 1986.
For Appellant : No appearance For Crown . Mr.
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