S v Haraseb and Another (CRIMINAL 85 of 2011) [2011] NAHC 275 (21 September 2011)

# S v Haraseb and Another (CRIMINAL 85 of 2011) [2011] NAHC 275 (21 September 2011) [ __](https://api.whatsapp.com/send?text=https://namiblii.org/akn/na/judgment/nahc/2011/275/eng@2011-09-21) [ __](https://twitter.com/intent/tweet?text=https://namiblii.org/akn/na/judgment/nahc/2011/275/eng@2011-09-21) [ __](https://www.facebook.com/sharer/sharer.php?u=https://namiblii.org/akn/na/judgment/nahc/2011/275/eng@2011-09-21) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://namiblii.org/akn/na/judgment/nahc/2011/275/eng@2011-09-21) [ __](mailto:?subject=Take a look at this document from NamibLII: S v Haraseb and Another \(CRIMINAL 85 …&body=https://namiblii.org/akn/na/judgment/nahc/2011/275/eng@2011-09-21) [ Download RTF (413.5 KB) ](/akn/na/judgment/nahc/2011/275/eng@2011-09-21/source) Toggle dropdown * [Download PDF](/akn/na/judgment/nahc/2011/275/eng@2011-09-21/source.pdf) Report a problem __ * Share * [ Download RTF (413.5 KB) ](/akn/na/judgment/nahc/2011/275/eng@2011-09-21/source) * [Download PDF](/akn/na/judgment/nahc/2011/275/eng@2011-09-21/source.pdf) * * * * * Report a problem __ ##### S v Haraseb and Another (CRIMINAL 85 of 2011) [2011] NAHC 275 (21 September 2011) Copy citation * __Document detail * __Related documents Citation S v Haraseb and Another (CRIMINAL 85 of 2011) [2011] NAHC 275 (21 September 2011) Copy Media Neutral Citation [2011] NAHC 275 Copy Court [High Court](/judgments/NAHC/) Case number CRIMINAL 85 of 2011 Judges [Damaseb JP](/judgments/all/?judges=Damaseb%20JP), [Miller AJ](/judgments/all/?judges=Miller%20AJ) Judgment date 21 September 2011 Language English Other documents [Download PDF](/akn/na/judgment/nahc/2011/275/eng@2011-09-21/attachment/s-v-haraseb-and-another-2011-nahc-275-21-september-2011.pdf) (83.2 KB) * * * Skip to document content **CASE NO.: CR 85/2011** **IN THE HIGH COURT OF NAMBIA** In the matter between: **THE STATE** versus **JOHAN HARASEB ACCUSED 1** **BRIAN WASSERFALL ACCUSED 2** (_HIGH COURT REVIEW CASE NO.: 1592/2011)_ **CORAM:** MILLER, AJ _et_ DAMASEB, JP **DELIVERED ON:** 20 September 2011 **REVIEW JUDGMENT** _**MILLER, A J**_ [1] This matter was placed before me by the learned magistrate, Mr. Muchali who is attached to the Windhoek Magistrate’s Court. The reason why it was placed before me is for me to review the proceedings and put them aside. [2] The matter arose in the following way. On 18 July 2011, the two accused appeared before the learned magistrate. They were asked to tender a plea to a charge of housebreaking with the intent to steal and theft. Both pleaded not guilty whereupon the State proceeded to tender evidence in support of the charge. After the evidence of two witnesses had been adduced, the matter was postponed to 2 September 2011. [3] After the matter had been postponed the learned Magistrate discovered that the two accused had on a prior occasion pleaded to the same charge before a different magistrate. [4] It is trite that once an accused had pleaded to a charge before a particular magistrate, that magistrate must proceed with the matter. The fact that the accused were again asked to plead to the same charges constituted an irregularity and therefore the proceedings pursuant to the second plea are to be set aside. [5] I consequently make an order that the proceedings before Mr. Muchali on 18 July 2011 is reviewed and set aside. _________ MILLER AJ I concur ___________ DAMASEB, JP #### __Related documents ▲ To the top >