Eke v S (CA&R 163/14) [2015] ZAECGHC 16; 2016 (1) SACR 135 (ECG) (26 March 2015)

Eke v S (CA&R 163/14) [2015] ZAECGHC 16; 2016 (1) SACR 135 (ECG) (26 March 2015)

The court held that a certificate issued under section 212(4) of the Criminal Procedure Act, which sets out the qualifications of the analyst, describes the process used, explains reliability, and provides the result, constitutes prima facie proof of both the blood alcohol concentration and the proper calibration of the gas chromatographs. Section 212(10) does not apply in the absence of ministerial prescription regarding gas chromatographs. The appellant's plea explanation, which merely placed the accuracy of the result in issue, did not amount to evidence and was insufficient to disturb the State's prima facie case. As no evidence was led to challenge the certificate, its contents...

Citation
[2015] ZAECGHC 16
Parties
Appellant: Bianca Eke; Respondent: The State
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
26 March 2015
Case Number
CA&R 163/14
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Magistrate's Court
Outcome
Appeal dismissed.
Judges
Plasket, Makaula, Lowe
Legal Topics
Blood Alcohol Analysis, Certificate Evidence, Calibration of Instruments, Prima Facie Proof, Road Traffic Offences
Criminal Law Blood Alcohol Analysis Certificate Evidence Calibration of Instruments Prima Facie Proof Road Traffic Offences

Case Brief

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Parties

Bianca Eke

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Magistrate's Court

Legal Issues

  1. 1 Whether a certificate in terms of section 212(4) of the Criminal Procedure Act may be used to prove proper calibration of gas chromatographs.
  2. 2 Whether merely placing in issue the accuracy of the blood alcohol result is sufficient to disturb the State's prima facie case.

Ratio Decidendi

The court held that a certificate issued under section 212(4) of the Criminal Procedure Act, which sets out the qualifications of the analyst, describes the process used, explains reliability, and provides the result, constitutes prima facie proof of both the blood alcohol concentration and the proper calibration of the gas chromatographs. Section 212(10) does not apply in the absence of ministerial prescription regarding gas chromatographs. The appellant's plea explanation, which merely placed the accuracy of the result in issue, did not amount to evidence and was insufficient to disturb the State's prima facie case. As no evidence was led to challenge the certificate, its contents...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.