S v Dladla (A583/14) [2014] ZAGPPHC 927 (14 August 2014)

S v Dladla (A583/14) [2014] ZAGPPHC 927 (14 August 2014)

The High Court held that it may entertain a special review under section 304A of the Criminal Procedure Act even before conviction, as supervisory powers over magistrates' courts include intervention in unconcluded proceedings. The regional magistrate in Mamelodi was bound by the doctrine of stare decisis to follow the decision of the Gauteng Provincial Division in S v Du Plessis, which requires the appointment of assessors in murder trials before the regional court. Failure to appoint assessors constitutes an irregularity per se and a failure of justice. The proceedings in the regional court were set aside and remitted for continuation before a different magistrate, with proper...

Citation
[2014] ZAGPPHC 927
Parties
Applicant: The State; Respondent: Poppy Unisi Dladla
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 August 2014
Case Number
A583/14
Procedural Posture
Special Review / Pre Conviction Review Under Section 304 a
Outcome
Proceedings in the Mamelodi Regional Court case number H48/2012 are set aside and remitted for continuation before a different magistrate.
Judges
Maumela, Raulinga
Legal Topics
Review Proceedings, Appointment of Assessors, Failure of Justice, Stare Decisis, Criminal Procedure Act, Magistrates Courts Act
Criminal Law Civil Procedure Review Proceedings Appointment of Assessors Failure of Justice Stare Decisis Criminal Procedure Act Magistrates Courts Act

Case Brief

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Parties

The State

Applicant

Poppy Unisi Dladla

Respondent

Procedural Posture

Special Review / Pre Conviction Review Under Section 304 a

Legal Issues

  1. 1 Whether the High Court may entertain a special review under section 304A of the Criminal Procedure Act before conviction.
  2. 2 Whether the regional magistrate was correct in following the precedent in S v Naicker instead of S v Du Plessis regarding the appointment of assessors.
  3. 3 Whether the proceedings in the regional court should be set aside due to failure to appoint assessors as required by section 93ter of the Magistrates' Courts Act.

Ratio Decidendi

The High Court held that it may entertain a special review under section 304A of the Criminal Procedure Act even before conviction, as supervisory powers over magistrates' courts include intervention in unconcluded proceedings. The regional magistrate in Mamelodi was bound by the doctrine of stare decisis to follow the decision of the Gauteng Provincial Division in S v Du Plessis, which requires the appointment of assessors in murder trials before the regional court. Failure to appoint assessors constitutes an irregularity per se and a failure of justice. The proceedings in the regional court were set aside and remitted for continuation before a different magistrate, with proper...

Court Disposition

Proceedings in the Mamelodi Regional Court case number H48/2012 are set aside and remitted for continuation before a different magistrate.

Orders

  • Proceedings in Mamelodi Regional Court case number H48/2012 can be reviewed in terms of section 304A of the Criminal Procedure Act despite the fact that the accused has not yet been convicted.
  • The application for proceedings in the above case to be set aside is granted.