S v Shaanika (1) (CRIMINAL 89 of 2011) [2011] NAHC 290 (30 September 2011)

# S v Shaanika (1) (CRIMINAL 89 of 2011) [2011] NAHC 290 (30 September 2011) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2011/290/eng@2011-09-30) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2011/290/eng@2011-09-30) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2011/290/eng@2011-09-30) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2011/290/eng@2011-09-30) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Shaanika \(1\) \(CRIMINAL 89 of …&body=https://namiblii.org/akn/na/judgment/nahc/2011/290/eng@2011-09-30) [ Download RTF (1.6 MB) ](/akn/na/judgment/nahc/2011/290/eng@2011-09-30/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2011/290/eng@2011-09-30/source.pdf) Report a problem __ * Share * [ Download RTF (1.6 MB) ](/akn/na/judgment/nahc/2011/290/eng@2011-09-30/source) * [Download PDF](/akn/na/judgment/nahc/2011/290/eng@2011-09-30/source.pdf) * * * * * Report a problem __ ##### S v Shaanika (1) (CRIMINAL 89 of 2011) [2011] NAHC 290 (30 September 2011) Copy citation * __Document detail * __Related documents Citation S v Shaanika (1) (CRIMINAL 89 of 2011) [2011] NAHC 290 (30 September 2011) Copy Media Neutral Citation [2011] NAHC 290 Copy Court [High Court](/judgments/NAHC/) Case number CRIMINAL 89 of 2011 Judges [Siboleka J](/judgments/all/?judges=Siboleka%20J), [Parker J](/judgments/all/?judges=Parker%20J) Judgment date 30 September 2011 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2011/290/eng@2011-09-30/attachment/s-v-shaanika-1-2011-nahc-290-30-september-2011.pdf) (149.0 KB) * * * Skip to document content **CASE NO.: CR 89/2011** ## ## IN THE HIGH COURT OF NAMIBIA In the matter between: ## THE STATE **versus** **SHIYABONGA SHAANIKA** **[HIGH COURT REVIEW CASE NO.: 1555/2011]** _**CORAM:**_**PARKER, J** _**et**_**SIBOLEKA, J** **Delivered on: 2011 SEPTEMBER 30** ________________________________________________________________________ ### ### REVIEW JUDGMENT _**SIBOLEKA, J.:**_ [1] This matter has been referred to me for Special Review in terms of section 304 of the Criminal Procedure Act, Act 51/77. The accused was arraigned in the Magistrate’s Court, Luderitz, on assault with intent to do grievous bodily harm. [2] The covering letter from the learned Magistrate regarding what had transpired in Court reads: “RE: SPECIAL REVIEW: STATE VERSUS SHIYABONGA SHAANIKA CASE NO. LUD-CRM 33/2010. The above matter appeared in my Court. After the complainant testified, accused did not cross-examine him. The case was postponed a couple of times then the state closed its case without the accused cross-examining the witness. Accused then testified under oath and during his testimony it then came to light that he had not cross-examined complainant. That is a major irregularity which amounts to an in justice. I therefore kindly request that the proceedings be quashed. I promise to be more careful in future proceedings.” [3] In such a situation, it has been said (see _S v Mcolweni_ 1973(3) SA 106 at 107 _per_ Munnik, J) that a failure to allow cross-examination is a serious irregularity. [4] In the result I make the following order: (1) Since the Court was still seized with the matter and had not yet finalized it up to sentence it is remitted back to the trial Magistrate to recall the complainant to be cross-examined by the accused. ___________________ **SIBOLEKA, J** # # I agree. ______________________ **PARKER, J** #### __Related documents ▲ To the top >