Dladla and Others v Msimanga and Another (3843/2020) [2021] ZAFSHC 107 (9 March 2021)

Dladla and Others v Msimanga and Another (3843/2020) [2021] ZAFSHC 107 (9 March 2021)

The High Court held that the Magistrate did not apply section 342A(3)(c) when striking the matter off the roll, as no enquiry into unreasonable delay was conducted and no finding was made. The Magistrate acted irregularly by acceding to the prosecutor's request without judicial consideration or allowing the applicants' legal representatives to address the court. However, the striking off the roll did not trigger the prohibition on resuming prosecution without written instruction from the DPP. The applicants' plea in terms of section 106(1)(i) was properly rejected, as it does not entitle an accused to demand conviction or acquittal but merely bars prosecution without proper authorization...

Citation
[2021] ZAFSHC 107
Parties
Applicant: Singeyelwe Dladla; Applicant: Rearetse Lekhooe; Applicant: Dimakatso Malefane; Applicant: Mofihli Makhele; Applicant: Tshidiso Khasane; Applicant: Malerato Kele; Applicant: Phuthi Kele; Respondent: Mr. K Msimanga (Regional Court Magistrate, Phuthaditjhaba); Respondent: The Director of Public Prosecutions FS
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 March 2021
Case Number
3843/2020
Procedural Posture
Review Application / High Court Review of Regional Magistrate's Ruling Denying Section 106(1)(i) Application and Allowing Trial to Proceed
Outcome
Application dismissed; matter remitted to the Regional Court for further proceedings in accordance with the judgment and the law.
Judges
C.J. Musi, C. Reinders
Legal Topics
Criminal Procedure Act Section 342a, Dilatory Plea, Unreasonable Delay, Magistrate Court Powers, Fair Trial Rights
Criminal Law Civil Procedure Criminal Procedure Act Section 342a Dilatory Plea Unreasonable Delay Magistrate Court Powers Fair Trial Rights

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Parties

Singeyelwe Dladla

Applicant

Rearetse Lekhooe

Applicant

Dimakatso Malefane

Applicant

Mofihli Makhele

Applicant

Tshidiso Khasane

Applicant

Malerato Kele

Applicant

Phuthi Kele

Applicant

Mr. K Msimanga (Regional Court Magistrate, Phuthaditjhaba)

Respondent

The Director of Public Prosecutions FS

Respondent

Procedural Posture

Review Application / High Court Review of Regional Magistrate's Ruling Denying Section 106(1)(i) Application and Allowing Trial to Proceed

Legal Issues

  1. 1 May a Magistrate strike a matter off the roll outside the parameters of section 342A(3)(c)?
  2. 2 Did the Magistrate utilize section 342A(3)(c) in this case?
  3. 3 Does a plea in terms of section 106(1)(i) entitle an accused to demand to be convicted or acquitted?

Ratio Decidendi

The High Court held that the Magistrate did not apply section 342A(3)(c) when striking the matter off the roll, as no enquiry into unreasonable delay was conducted and no finding was made. The Magistrate acted irregularly by acceding to the prosecutor's request without judicial consideration or allowing the applicants' legal representatives to address the court. However, the striking off the roll did not trigger the prohibition on resuming prosecution without written instruction from the DPP. The applicants' plea in terms of section 106(1)(i) was properly rejected, as it does not entitle an accused to demand conviction or acquittal but merely bars prosecution without proper authorization...

Court Disposition

Application dismissed; matter remitted to the Regional Court for further proceedings in accordance with the judgment and the law.

Orders

  • The application is dismissed with no order as to costs.
  • The matter is remitted to the Regional Court for the Regional Magistrate or another Regional Magistrate to deal with in accordance with this judgment and the law.