Ntlemeza v S (R129/19) [2019] ZAGPPHC 1090 (15 August 2019)

Ntlemeza v S (R129/19) [2019] ZAGPPHC 1090 (15 August 2019)

The High Court found that the accused was properly convicted on her plea of guilty to contravening s 65(2) of the National Road Traffic Act, as her s 112(2) statement admitted all elements of the offence. The court clarified that s 65(3) does not make the timing of the blood draw an element of the offence, but creates a presumption if the blood is drawn within two hours. The failure of the magistrate to receive evidence under oath before deciding not to suspend the accused's driver's license was a significant irregularity resulting in a failure of justice. The conviction and fine were confirmed, but the matter was remitted for proper consideration of license suspension in accordance with...

Citation
[2019] ZAGPPHC 1090
Parties
Respondent: THE STATE; Applicant: Anele Ntlemeza
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 August 2019
Case Number
R129/19
Procedural Posture
Special Review / High Court Review Under S 304(4) of the Criminal Procedure Act
Outcome
Conviction and fine confirmed; order regarding driver's license suspension set aside and remitted for reconsideration.
Judges
Tuchten, HJ Fabricius
Legal Topics
Driving Under the Influence, National Road Traffic Act, Plea of Guilty, Sentencing, Driver License Suspension
Criminal Law Driving Under the Influence National Road Traffic Act Plea of Guilty Sentencing Driver License Suspension

Case Brief

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Parties

THE STATE

Respondent

Anele Ntlemeza

Applicant

Procedural Posture

Special Review / High Court Review Under S 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused was properly convicted on her plea of guilty to contravening s 65(2) of the National Road Traffic Act.
  2. 2 Whether the failure to receive evidence under oath before deciding not to suspend the accused's driver's license constituted a reviewable irregularity.
  3. 3 Whether the proceedings in the regional court were in accordance with justice.

Ratio Decidendi

The High Court found that the accused was properly convicted on her plea of guilty to contravening s 65(2) of the National Road Traffic Act, as her s 112(2) statement admitted all elements of the offence. The court clarified that s 65(3) does not make the timing of the blood draw an element of the offence, but creates a presumption if the blood is drawn within two hours. The failure of the magistrate to receive evidence under oath before deciding not to suspend the accused's driver's license was a significant irregularity resulting in a failure of justice. The conviction and fine were confirmed, but the matter was remitted for proper consideration of license suspension in accordance with...

Court Disposition

Conviction and fine confirmed; order regarding driver's license suspension set aside and remitted for reconsideration.

Orders

  • The verdict is altered to read: 'The accused is found guilty of contravening s 65(2)(a) of the National Road Traffic Act, 93 of 1996.'
  • The conviction and fine of R3 000 imposed on the accused are confirmed.