CRIMINAL PROCEDURE AND EVIDENCE ACT (3) The fact that an indictment, summons or charge has not been amended as provided in this section shall not, unless the court has refused to allow the amendment, affect the validity of the proceedings thereunder. 203 Defect in indictment, summons or charge may be cured by evidence When an indictment, summons or charge in respect of any offence is defective for want of the averment of any matter which is an essential ingredient of the offence, the defect shall be cured by evidence at the trial in respect of the offence proving the presence of such a matter which should have been averred, unless the want of such averment was brought to the notice of the court before judgment. 204 Verdict to be of same effect as if indictment had been originally correct Any verdict or judgment which is given after the making of any amendment under this Act shall be of the same effect in all respects as if the indictment, summons or charge had originally been in the same form in which it was after such amendment was made. B. In cases remitted to magistrates court 205 [Section repealed by s. 15 of Act No. 9 of 2006] 206 [Section repealed by s. 15 of Act No. 9 of 2006] C. Verdicts possible on particular indictments, summonses and charges 207 Conviction for part of crime charged For the avoidance of doubt it is declared that where a court finds that part but not all of the facts of an offence charged have been proved, it shall nevertheless convict the accused of that offence if the facts that are proved disclose all the essential elements of that offence. [Section substituted by s. 282 of Act No. 23 of 2004] 208 – 224 [Sections repealed by s. 282 of Act No. 23 of 2004] PART XIII PROCEDURE IN RESPECT OF CASES ADJOURNED UNDER SECTION 54 OF MAGISTRATES COURT ACT [Chapter 7:10] 225 Powers of Prosecutor-General Where a magistrate has adjourned a case and submitted a report to the Prosecutor-General in terms of section 54 of the Magistrates Court Act [Chapter 7:10], the Prosecutor-General may— (a) if the magistrate acted in terms of subsection (1) of that section, in writing— (i) … [Subparagraph repealed by s. 16 of Act No. 9 of 2006] (ii) direct that the case be continued by such magistrate; or (iii) where such magistrate is not a regional magistrate, direct that proceedings be commenced afresh in the court of a regional magistrate; or (b) if the magistrate acted in terms of subsection (2) of that section, in writing direct that the case— (i) be transferred to the High Court for sentence; or (ii) be continued by such magistrate. [Section amended by s. 33 of Act No. 5 of 2014 with effect from 2.1.2015] 226 Duties of magistrate Upon the receipt of the Prosecutor-General’s direction in terms of section two hundred and twenty-five the magistrate shall cause the accused or the person convicted, as the case may be, to be informed of the Prosecutor-General’s decision and shall— 86