S v Adams; S v Molejane (62/2013, 63/2013) [2013] ZAFSHC 43 (4 April 2013)

S v Adams; S v Molejane (62/2013, 63/2013) [2013] ZAFSHC 43 (4 April 2013)

The court held that, in the absence of any legislative transitional provision to the contrary, a repealed law is no law at all for the purposes of legal posterity. The Child Care Act was repealed by the Children’s Act prior to the commission of the offences in both cases. As such, the convictions and sentences under the repealed Act are invalid. The charges should have been framed under the Children’s Act, which was the applicable law at the time the offences were committed. The convictions and sentences were accordingly set aside, and the matters were remitted for fresh trials before different magistrates.

Citation
[2013] ZAFSHC 43
Parties
Applicant: The State; Respondent: Miekie Adams; Respondent: Katrina Maditaba Molejane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 April 2013
Case Number
62/2013, 63/2013
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Convictions and sentences set aside; matters remitted for fresh trials before different magistrates.
Judges
Lekale, Mhlambi
Legal Topics
Principle of Legality, Nullum Crimen Sine Lege, Nulla Poena Sine Lege, Repeal of Statute, Transitional Provisions
Criminal Law Principle of Legality Nullum Crimen Sine Lege Nulla Poena Sine Lege Repeal of Statute Transitional Provisions

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Parties

The State

Applicant

Miekie Adams

Respondent

Katrina Maditaba Molejane

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether convictions and sentences under the repealed Child Care Act are valid for offences committed after its repeal.
  2. 2 Whether the absence of transitional provisions in the Children’s Act affects the validity of charges and convictions under the repealed Act.

Ratio Decidendi

The court held that, in the absence of any legislative transitional provision to the contrary, a repealed law is no law at all for the purposes of legal posterity. The Child Care Act was repealed by the Children’s Act prior to the commission of the offences in both cases. As such, the convictions and sentences under the repealed Act are invalid. The charges should have been framed under the Children’s Act, which was the applicable law at the time the offences were committed. The convictions and sentences were accordingly set aside, and the matters were remitted for fresh trials before different magistrates.

Court Disposition

Convictions and sentences set aside; matters remitted for fresh trials before different magistrates.

Orders

  • The conviction and sentence in case no 62/2013 are set aside.
  • The matter in case no 62/2013 is remitted to the Magistrate’s Court for a fresh trial before another trial Magistrate.