S v Fredericks (293/2018) [2019] ZAFSHC 153 (5 September 2019)

S v Fredericks (293/2018) [2019] ZAFSHC 153 (5 September 2019)

The magistrate failed to properly question the accused in terms of section 112(1)(b) of the Criminal Procedure Act. The questioning was leading and did not elicit the factual basis for the accused's plea of guilty. The accused was not given an opportunity to explain the circumstances, and the magistrate did not ascertain whether the accused admitted all the factual allegations necessary for conviction. Furthermore, the State did not prove that the speed measuring device was reliable, properly set up, and operated by a trained person, as required by law. The magistrate's concession that the requirements set out in State v Phuzi were not met was correct. The delay in responding to the...

Citation
[2019] ZAFSHC 153
Parties
Applicant: The State; Respondent: Boeta Fredericks
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 September 2019
Case Number
293/2018
Procedural Posture
Criminal Review / Automatic Review Under Section 302 of the Criminal Procedure Act
Outcome
Conviction and sentence set aside; administrative enquiry ordered regarding delay.
Judges
L.B.J. Moeng, P.E. Molitsoane
Legal Topics
Criminal Procedure Act Section 112, Automatic Review, Speeding Offence, Judicial Questioning, Conviction and Sentence
Criminal Law Civil Procedure Criminal Procedure Act Section 112 Automatic Review Speeding Offence Judicial Questioning Conviction and Sentence

Case Brief

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Parties

The State

Applicant

Boeta Fredericks

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the magistrate's questioning under section 112(1)(b) of the Criminal Procedure Act was sufficient to establish the accused's guilt.
  2. 2 Whether the accused admitted all factual elements necessary for conviction under section 59 of the National Road Traffic Act.
  3. 3 Whether the delay in responding to the review query was justified and whether officials or the magistrate were remiss.

Ratio Decidendi

The magistrate failed to properly question the accused in terms of section 112(1)(b) of the Criminal Procedure Act. The questioning was leading and did not elicit the factual basis for the accused's plea of guilty. The accused was not given an opportunity to explain the circumstances, and the magistrate did not ascertain whether the accused admitted all the factual allegations necessary for conviction. Furthermore, the State did not prove that the speed measuring device was reliable, properly set up, and operated by a trained person, as required by law. The magistrate's concession that the requirements set out in State v Phuzi were not met was correct. The delay in responding to the...

Court Disposition

Conviction and sentence set aside; administrative enquiry ordered regarding delay.

Orders

  • The conviction and sentence are set aside.
  • A copy of this judgment must be forwarded to the Chief Magistrate Bloemfontein and the Area Court Manager with specific reference to paragraphs [15] to [19] of this judgment.