S v Bam (R52/2019) [2019] ZAFSHC 123; 2019 (2) SACR 662 (FB) (22 July 2019)

S v Bam (R52/2019) [2019] ZAFSHC 123; 2019 (2) SACR 662 (FB) (22 July 2019)

The court found that the accused was not properly questioned regarding the competence of the traffic officer to operate the speed measuring device, which is a necessary element for conviction under section 59(4)(a) of the National Road Traffic Act. General questions about satisfaction with procedures do not suffice to establish all factual elements required for a valid guilty plea. The absence of specific admission or proof regarding the traffic officer's competence rendered the proceedings not in accordance with justice. Consequently, the conviction and sentence could not stand and were set aside.

Citation
[2019] ZAFSHC 123
Parties
Respondent: THE STATE; Applicant: CORNELIUS BAM
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 July 2019
Case Number
R52/2019
Procedural Posture
Review Application / Automatic Review Under Section 302 of the Criminal Procedure Act
Outcome
Conviction and sentence set aside; order under section 35(3) of the National Road Traffic Act set aside.
Judges
MHLAMBI, MOLITSOANE
Legal Topics
Speeding Offence, Criminal Procedure Act, Guilty Plea Requirements, Competence of Traffic Officer
Criminal Law Speeding Offence Criminal Procedure Act Guilty Plea Requirements Competence of Traffic Officer

Case Brief

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Parties

THE STATE

Respondent

CORNELIUS BAM

Applicant

Procedural Posture

Review Application / Automatic Review Under Section 302 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused admitted all elements of the offence, including the competence of the traffic officer to operate the speed measuring device.
  2. 2 Whether the proceedings complied with the requirements of section 112(1)(b) of the Criminal Procedure Act.
  3. 3 Whether the conviction and sentence were in accordance with justice.

Ratio Decidendi

The court found that the accused was not properly questioned regarding the competence of the traffic officer to operate the speed measuring device, which is a necessary element for conviction under section 59(4)(a) of the National Road Traffic Act. General questions about satisfaction with procedures do not suffice to establish all factual elements required for a valid guilty plea. The absence of specific admission or proof regarding the traffic officer's competence rendered the proceedings not in accordance with justice. Consequently, the conviction and sentence could not stand and were set aside.

Court Disposition

Conviction and sentence set aside; order under section 35(3) of the National Road Traffic Act set aside.

Orders

  • The conviction and sentence are set aside.
  • The order made in terms of section 35(3) of the National Road Traffic Act 93 of 1996 is set aside.