Dludla v S (R210/2018) [2018] ZAFSHC 137 (13 September 2018)

Dludla v S (R210/2018) [2018] ZAFSHC 137 (13 September 2018)

The magistrate failed to properly interrogate the accused's explanation that he believed he was a witness and would be informed when to attend court. The enquiry required by section 170(2) of the Criminal Procedure Act was not properly conducted, as the court did not attempt to determine whether there was a reasonable possibility that the failure to appear was not due to fault on the accused's part. This constituted a misdirection, and as a result, the conviction and sentence cannot be sustained.

Citation
[2018] ZAFSHC 137
Parties
Applicant: Bafana Eric Dludla; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
13 September 2018
Case Number
R210/2018
Procedural Posture
Criminal Review / Special Review
Outcome
Conviction and sentence set aside.
Judges
P.E. Molitsoane, N.M. Mbhele
Legal Topics
Failure to Appear, Summary Enquiry, Onus of Fault, Conviction and Sentence
Criminal Law Civil Procedure Failure to Appear Summary Enquiry Onus of Fault Conviction and Sentence

Case Brief

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Parties

Bafana Eric Dludla

Applicant

The State

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the accused's failure to appear in court was due to fault on his part.
  2. 2 Whether the magistrate properly conducted the enquiry as required by section 170(2) of the Criminal Procedure Act.
  3. 3 Whether the accused's explanation was adequately interrogated before conviction.

Ratio Decidendi

The magistrate failed to properly interrogate the accused's explanation that he believed he was a witness and would be informed when to attend court. The enquiry required by section 170(2) of the Criminal Procedure Act was not properly conducted, as the court did not attempt to determine whether there was a reasonable possibility that the failure to appear was not due to fault on the accused's part. This constituted a misdirection, and as a result, the conviction and sentence cannot be sustained.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and the sentence are hereby set aside.