A court registrar has conceded making an error that cost a man three years of his life and could cost the State R16m in damages.
|||Durban - A court registrar has conceded making a clerical error that cost a man three years of his life and which could cost the Justice Department R16 million in damages.
Sharon Candy, who is also a judge’s secretary, testified on Wednesday in the Pietermaritzburg High Court, where Sivion Mkhize is claiming R16m in damages from the Department of Justice for having been kept in prison for three years after being granted bail.
Mkhize, of Ladysmith, was convicted of murder and robbery with aggravating circumstances and sentenced to life and a further 15 years by Judge Leona Theron, sitting in the Dundee Circuit Court, on November 14, 2001.
He was granted leave to appeal against his convictions and sentences and was granted bail of R5 000 pending his appeal.
However, Mkhize later discovered that the court registrar had not recorded in the court book that bail had been granted. This resulted in Mkhize’s being held until February 13, 2004, when he was eventually released after his successful appeal.
The registrar had also incorrectly recorded the case number, making it virtually impossible for Mkhize to track his case or prove he had been granted bail.
Mkhize argues that the registrar of the court was negligent in her duties and that this negligence resulted in his being kept in prison.
Testifying on Wednesday, Candy conceded she had incorrectly recorded the case number and had not recorded that Mkhize had been granted bail.
“It is part of my function to record whatever transpires in court in the relevant documents. On that day, this did not happen,” Candy said.
However, the secretary said she could not be certain why she had failed to record such an important fact.
“In my opinion, I think it was not recorded because I did not hear it. I may not have been present in court at the time that the judge granted bail.”
Candy said judges’ secretaries performed a variety of duties that required them to step out of court while it was in session. She said she was surprised the errors were not picked up immediately by Mkhize’s attorney.
“When these types of mistakes are made, we are normally approached by attorneys to correct them. Had I been informed of my mistake I would have immediately taken steps to rectify the situation.”
The case has been adjourned to December 10.
Daily News