Nakedi v S (HC12/2012) [2014] ZANWHC 69 (5 September 2014)

Nakedi v S (HC12/2012) [2014] ZANWHC 69 (5 September 2014)

The court found that the legal position regarding automatic review of sentences imposed on children has been clarified by the Judicial Matters Amendment Act, which amended section 85 of the Child Justice Act to require automatic review regardless of legal representation. The existence of conflicting judgments and the legislative amendment constitute compelling reasons to grant leave to appeal. The court also noted that the issue regarding the suitability of Bosasa Secure Care Centre under the Children’s Act is not for this court to decide, as the review judgment only addressed the procedural point of law. However, the Full Bench, as the upper guardian of minors, may exercise its inherent...

Citation
[2014] ZANWHC 69
Parties
Applicant: Jan Nakedi; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
5 September 2014
Case Number
HC12/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Review Judgment
Outcome
Leave to appeal to the Full Bench of the North West High Court is granted; condonation for late filing is granted.
Judges
N Gutta, S Gura
Legal Topics
Child Justice Act, Automatic Review, Compulsory Residence, Judicial Matters Amendment Act, Children S Act, Leave to Appeal
Criminal Law Family and Children Child Justice Act Automatic Review Compulsory Residence Judicial Matters Amendment Act Children S Act Leave to Appeal

Case Brief

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Parties

Jan Nakedi

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Review Judgment

Legal Issues

  1. 1 Whether a sentence of imprisonment or compulsory residence imposed upon a child who was legally represented is subject to automatic review under section 85 of the Child Justice Act.
  2. 2 Whether the amendment to section 85 by the Judicial Matters Amendment Act affects the necessity for automatic review in such cases.
  3. 3 Whether the referral of the applicant to Bosasa Secure Care Centre complied with the requirements of the Children’s Act.

Ratio Decidendi

The court found that the legal position regarding automatic review of sentences imposed on children has been clarified by the Judicial Matters Amendment Act, which amended section 85 of the Child Justice Act to require automatic review regardless of legal representation. The existence of conflicting judgments and the legislative amendment constitute compelling reasons to grant leave to appeal. The court also noted that the issue regarding the suitability of Bosasa Secure Care Centre under the Children’s Act is not for this court to decide, as the review judgment only addressed the procedural point of law. However, the Full Bench, as the upper guardian of minors, may exercise its inherent...

Court Disposition

Leave to appeal to the Full Bench of the North West High Court is granted; condonation for late filing is granted.

Orders

  • The application for condonation for the late filing of the application for leave to appeal is granted.
  • The application for leave to appeal to the Full Bench of this Division is granted.