Ngakantsi v S (CAF 05/2022) [2023] ZANWHC 130 (16 January 2023)

Ngakantsi v S (CAF 05/2022) [2023] ZANWHC 130 (16 January 2023)

The court found that the appellant failed to satisfy the requirement that his failure to appear was not due to fault on his part. The medical evidence did not adequately explain his absence on the relevant dates, and the timing of medical consultations undermined his explanation. The convictions for contravening section 72(2) of the Criminal Procedure Act were upheld. However, the fines imposed by the regional court were grossly excessive and far exceeded the statutory maximum of R300 per count; the sentences were substituted with fines of R200 or two months' imprisonment per count. Regarding the corruption sentence, the court held that while the offence was serious, the circumstances...

Citation
[2023] ZANWHC 130
Parties
Appellant: Kedumetse Macwilliam Ngakantsi; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 January 2023
Case Number
CAF 05/2022
Procedural Posture
Criminal Appeal / Full Bench Appeal From Regional Court Convictions and Sentences
Outcome
Appeal against convictions for failure to appear dismissed; appeal against sentences for failure to appear and corruption upheld; sentences substituted.
Judges
Hendricks, Malowa, Mfenyana
Legal Topics
Failure to Appear, Sentencing Discretion, Corruption, Maximum Statutory Fine
Criminal Law Failure to Appear Sentencing Discretion Corruption Maximum Statutory Fine

Case Brief

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Parties

Kedumetse Macwilliam Ngakantsi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Full Bench Appeal From Regional Court Convictions and Sentences

Legal Issues

  1. 1 Whether the convictions for contravening section 72(2) of the Criminal Procedure Act 51 of 1977 are in accordance with justice.
  2. 2 Whether the sentences imposed for failure to appear and corruption are appropriate and just.

Ratio Decidendi

The court found that the appellant failed to satisfy the requirement that his failure to appear was not due to fault on his part. The medical evidence did not adequately explain his absence on the relevant dates, and the timing of medical consultations undermined his explanation. The convictions for contravening section 72(2) of the Criminal Procedure Act were upheld. However, the fines imposed by the regional court were grossly excessive and far exceeded the statutory maximum of R300 per count; the sentences were substituted with fines of R200 or two months' imprisonment per count. Regarding the corruption sentence, the court held that while the offence was serious, the circumstances...

Court Disposition

Appeal against convictions for failure to appear dismissed; appeal against sentences for failure to appear and corruption upheld; sentences substituted.

Orders

  • The appeal against the convictions for contraventions of section 72(2) of the Criminal Procedure Act 51 of 1977 fails.
  • The appeal against the sentence of R200,000 in respect of each of the two counts of contravening section 72(2) of the Criminal Procedure Act 51 of 1977 is upheld; the sentence is set aside and substituted with a fine of R200 or two months' imprisonment on each count.