S v Cacambile (CA&R19/17, 22/17) [2017] ZAECBHC 6; 2018 (1) SACR 8 (ECB) (14 September 2017)

S v Cacambile (CA&R19/17, 22/17) [2017] ZAECBHC 6; 2018 (1) SACR 8 (ECB) (14 September 2017)

The magistrate's order was set aside because it was based on a finding that the accused committed the offence without any admissible evidence being placed before the court. The assumption that the matter was automatically reviewable was incorrect, as such orders are not sentences. The proceedings were not in accordance with justice due to the lack of evidentiary basis for the finding and the inappropriate completion of standard forms. The matter was remitted for proper determination under section 77 of the Criminal Procedure Act, and arrangements were ordered for the accused to be provided with legal representation.

Citation
[2017] ZAECBHC 6
Parties
Applicant: The State; Respondent: Mzoxolo Cacambile
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
14 September 2017
Case Number
CA&R19/17, 22/17
Procedural Posture
Criminal Review / Review of Magistrate's Order
Outcome
Magistrate's order set aside; matter remitted for proper determination and legal representation ordered.
Judges
I.T. Stretch, D. Van Zyl
Legal Topics
Mental Health Review, Criminal Capacity, Automatic Review, Psychiatric Evidence
Criminal Law Mental Health Review Criminal Capacity Automatic Review Psychiatric Evidence

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 4 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Mzoxolo Cacambile

Respondent

Procedural Posture

Criminal Review / Review of Magistrate's Order

Legal Issues

  1. 1 Whether the magistrate's order for detention under section 77(6)(a)(i) of the Criminal Procedure Act was correct and reviewable.
  2. 2 Whether the magistrate properly found that the accused committed the offence without admissible evidence.
  3. 3 Whether the wording used in the proceedings was appropriate and respectful.

Ratio Decidendi

The magistrate's order was set aside because it was based on a finding that the accused committed the offence without any admissible evidence being placed before the court. The assumption that the matter was automatically reviewable was incorrect, as such orders are not sentences. The proceedings were not in accordance with justice due to the lack of evidentiary basis for the finding and the inappropriate completion of standard forms. The matter was remitted for proper determination under section 77 of the Criminal Procedure Act, and arrangements were ordered for the accused to be provided with legal representation.

Court Disposition

Magistrate's order set aside; matter remitted for proper determination and legal representation ordered.

Orders

  • The magistrate's order dated 16 August 2017 recorded on the face of the J15 is set aside.
  • The matter is remitted to the magistrate to make a determination pursuant to the relevant provisions of section 77 of the Criminal Procedure Act 51 of 1977, and to issue such order and directive thereupon as is appropriate in the circumstances.