In South African criminal proceedings, cases can be transferred from lower courts to the High Court under Section 2 of the Criminal Procedure Act 1 of 1977, with accused persons remaining in custody during the transfer process and awaiting pre-trial hearings where issues of dispute and admission are determined.
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DJ WARRAS MURDER CASE MOVED TO HIGH COURT | ACCUSED REMAINS IN CUSTODY AHEAD OF PRE-TRIAL HEARINGAdded:
Then Mr. accused number two Mr. Pakula, you then you you've applied for legal aid and you still require legal aid, that's correct?
Mr. Mabunda, do you require the strength of the state in subpeoning witnesses?
I just asked that the accused number two as well, will you require assistance of the state to subpeona witnesses on his behalf?
Um Mr. Mabunda, do you have the prison number of your accused number one? Can you give me your accused number please?
You got done with prison, is that correct?
>> Unfortunately, it doesn't have it. I don't have it myself, but she probably has it. She better have it. She better have it.
You have a copy of what? Do you know what the food the number is?
On the document. That is document in the search room. She doesn't have it currently. In the search room. Go and fetch it.
Let him go and fetch the document. I want you to give me the food the number.
Thank you so much, Rashid.
And and you, Mr. Fakura, what's the food the number?
In the search room, I'll go and fetch it. Go and fetch it. Go and fetch it.
What's his number?
2268 59 890 226859 and what's the two last numbers?
226859890 Okay.
And what's the food the number, sir?
Give us the food the number.
Thank you, Rashid. I got it. It's 2252 791 plus 48 I'll repeat it. It's 2252 791 48 All right. Thank you so much. The my lord, the issue is now of where is accused number two going to be detained because from the document from the I the state advocate they wanted him wanted him to be transferred to Johannesburg prison. And we made arrangements that he will be at Modderbee.
No, your worship. So, I unless maybe if we [clears throat] we stand this matter down, I establish with one of the advocate in the >> will have to make arrangements because there was a reason why he was detained at Modderbee.
Yes, your worship. And and and and that has not changed. I mean, the circumstances have they changed? No, your worship. So, well, then I'll I'll he'll he'll remain at Modderbee. Let the state advocate sort it out at Modderbee prison.
As the court pleases. Mhm.
>> [clears throat] >> I just indicate on the record that for security reasons accused number two is detained at Modderbee.
>> All right, Mr. Madlala and Mr. Pakula uh Pakula, Mr. Pakula, listen very carefully.
This matter is now transferred in terms of different file sections two of the Criminal Procedure Act 1 of 1977 uh to the High Court in Johannesburg, that is in the Gauteng Local Division.
Uh it's then adjourned for pre-trial to the to the 18th day of June 2026 to transfer to the High Court. Both of you will remain in custody.
Mr. Madlala, you will be detained at Johannesburg Prison. And Mr. Pakula, uh you will be detained at the Modderbee Prison. Thank you. You may stand down.
>> [clears throat] >> May I address the court, please?
May I then be excused, excused, Your Honor?
>> Excuse me, your worship.
Your worship, I just have one message I need to convey from Mr. Mabunda.
Uh you know, we agreed that we will set up notice. Okay, I'll just arrange.
Just need to clear up.
You can give me a date.
In terms of uh section 75 two of the Criminal Procedure Act, state requests the matter to be transferred to the High Court.
Do you have the indictments? The The indictments are ready, your worship. One has been served the defense, and one for the parties [clears throat] available.
The date, your worship, is the 18th of June.
Is that for the pre-trial?
Pre-trial, yes, your worship.
Uh >> [clears throat] >> for pre-trial.
>> Who is the copy?
Thank you, your worship, for standing for my colleague for legal aid, Mr. Bapela, who is to Mr. Mabandla, you also confirm that you did receive a copy of the indictment.
Indeed, so I confirm I received a copy of the indictment.
I'm a little bit confused cuz my client now is accused number two, but for the indictment My Bapela Pushpinder Singh is accused Indeed, I confirm receipt of the indictment.
I also confirm I've been taking instructions. Your worship, I also confirm the date of the 18th of June.
All right, thank you very much. No problem, then we'll The last thing first with the the preliminary before we even Indeed, your worship.
All right, so this matter is going to be transferred uh to the higher court in terms of Section 5(2) of the Criminal Procedure Act uh for summary trial, okay?
And then this was set down for the 18th of June, 2017, at the High Court.
And then the matter was enrolled in the name of Nkosi Langa.
The one The one that appeared earlier in the title.
That's the one. Uh it's that Uh I will leave it >> All right. Secondly, on on the 18th of June, it's a pre-trial.
In other words, it's not it's it's not a a trial. You're not going to start on that day. It's a pre-trial hearing to determine the issues which where where what are you disputing and what are you admitting? Okay.
I note on record that the accused both accused one and two have been admitted in the summary of the of of fact as well as in the indictment and in the notice of trial.
Mr. Mabunda, do you have instructions to represent the in the High Court, or would you apply for legal aid to appoint another counsel?
Mr. Mabunda, I'm talking to you.
For number number one. My question.
Number one, not number two. Only number one in terms of the Yes.
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