S v Booi (175/2014) [2014] ZAFSHC 164 (9 October 2014)

S v Booi (175/2014) [2014] ZAFSHC 164 (9 October 2014)

The order made by the trial magistrate for the State to reimburse the accused's travelling expenses was invalid because section 342A(3)(e) of Act 51 of 1977 had not yet been put into operation. The review court, therefore, set aside the order as it was made without legal authority.

Citation
[2014] ZAFSHC 164
Parties
Applicant: The State; Respondent: Mbongeni Booi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
9 October 2014
Case Number
175/2014
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Order of reimbursement set aside.
Judges
A.F. Jordaan, M.H. Rampai
Legal Topics
Criminal Procedure Act Section 304, Invalid Magistrate Order, Reimbursement of Expenses
Criminal Law Civil Procedure Criminal Procedure Act Section 304 Invalid Magistrate Order Reimbursement of Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Mbongeni Booi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the magistrate's order for reimbursement of the accused's travelling expenses under section 342A(3)(e) of Act 51 of 1977 was valid.
  2. 2 Whether section 342A(3)(e) of Act 51 of 1977 was operational at the time of the order.

Ratio Decidendi

The order made by the trial magistrate for the State to reimburse the accused's travelling expenses was invalid because section 342A(3)(e) of Act 51 of 1977 had not yet been put into operation. The review court, therefore, set aside the order as it was made without legal authority.

Court Disposition

Order of reimbursement set aside.

Orders

  • The order made by the trial court in terms of section 342A(3)(e) of Act 51 of 1977 is set aside.