Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018) [2021] ZAGPPHC 873 (7 December 2021)

Makhuvha v Minister of Justice and Correctional Services Ronald Lamola N.O. (77433/2018) [2021] ZAGPPHC 873 (7 December 2021)

The court found that the applicant's constitutional rights were not explained to him prior to payment of the admission of guilt fine, and that the police failed to comply with the procedural requirements of the Criminal Procedure Act. The applicant paid the fine under duress during the Covid-19 lockdown, fearing incarceration and exposure to the virus. The respondents did not oppose the application or provide any evidence to rebut the applicant's version. The court accepted the applicant's explanation and held that the conviction and sentence were not in accordance with justice. Accordingly, the admission of guilt, conviction, and sentence were set aside, the criminal record expunged, and...

Citation
[2021] ZAGPPHC 873
Parties
Applicant: Ndivho Knowledge Makhuvha; Respondent: Minister of Justice and Correctional Services, Ronald Lamola N.O.; Respondent: Minister of Police, Bhekokwakhe Hamilton Cele N.O.; Respondent: Director of Public Prosecutions, Shamila Bathohi N.O.; Respondent: Station Commander, South African Police Services, Modjadjiskool, KD Machete
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 December 2021
Case Number
77433/2018
Procedural Posture
Review Application / Application to Set Aside Conviction and Sentence Following Payment of Admission of Guilt Fine
Outcome
Application granted; conviction and sentence set aside; criminal record expunged; fine refunded.
Judges
Khwinana
Legal Topics
Admission of Guilt Fine, Criminal Record Expungement, Covid19 Lockdown Regulations, Bill of Rights Protection, Procedural Fairness
Criminal Law Constitutional Law Admission of Guilt Fine Criminal Record Expungement Covid19 Lockdown Regulations Bill of Rights Protection Procedural Fairness

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Parties

Ndivho Knowledge Makhuvha

Applicant

Minister of Justice and Correctional Services, Ronald Lamola N.O.

Respondent

Minister of Police, Bhekokwakhe Hamilton Cele N.O.

Respondent

Director of Public Prosecutions, Shamila Bathohi N.O.

Respondent

Station Commander, South African Police Services, Modjadjiskool, KD Machete

Respondent

Procedural Posture

Review Application / Application to Set Aside Conviction and Sentence Following Payment of Admission of Guilt Fine

Legal Issues

  1. 1 Whether the applicant's conviction and sentence following payment of an admission of guilt fine should be set aside.
  2. 2 Whether the applicant's constitutional rights were explained prior to payment of the fine.
  3. 3 Whether the police complied with procedural requirements under the Criminal Procedure Act when issuing the summons and accepting the fine.

Ratio Decidendi

The court found that the applicant's constitutional rights were not explained to him prior to payment of the admission of guilt fine, and that the police failed to comply with the procedural requirements of the Criminal Procedure Act. The applicant paid the fine under duress during the Covid-19 lockdown, fearing incarceration and exposure to the virus. The respondents did not oppose the application or provide any evidence to rebut the applicant's version. The court accepted the applicant's explanation and held that the conviction and sentence were not in accordance with justice. Accordingly, the admission of guilt, conviction, and sentence were set aside, the criminal record expunged, and...

Court Disposition

Application granted; conviction and sentence set aside; criminal record expunged; fine refunded.

Orders

  • The Applicant’s admission of guilt made on 26 April 2020, under summons number D2336639 is set aside.
  • The entry of the conviction and sentence against the Applicant into the Criminal Record Book under summons number D2336639 and/or into the register of criminal convictions of the South African Police Services is set aside and removed/expunged from the Applicant’s criminal record.