S v Funani (4/2015) [2015] ZAECBHC 8 (17 April 2015)

S v Funani (4/2015) [2015] ZAECBHC 8 (17 April 2015)

The conviction was irregular because the magistrate failed to elicit a clear admission from the accused that his driving ability was impaired by alcohol, as required by law. The accused's statements before conviction did not amount to an admission of impairment, and his later comments in mitigation were coincidental and insufficient. Furthermore, the circumstances described by the accused suggested a possible defence or at least reasonable doubt as to whether his driving was impaired by alcohol or whether the collision was caused by another driver. The magistrate should have entered a plea of not guilty and clarified the matter by evidence. The failure to do so constituted a fundamental...

Citation
[2015] ZAECBHC 8
Parties
Applicant: The State; Respondent: Mcebisi Someleze Funani
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
17 April 2015
Case Number
4/2015
Procedural Posture
Criminal Review / High Court Review of Magistrate's Conviction and Sentence
Outcome
Conviction and sentence set aside; matter remitted for trial on a plea of not guilty.
Judges
B Hartle, D A van Zyl
Legal Topics
Drunken Driving, Section 112 1 B Procedure, Admissions on Guilty Plea, Impaired Driving Ability
Criminal Law Drunken Driving Section 112 1 B Procedure Admissions on Guilty Plea Impaired Driving Ability

Case Brief

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Parties

The State

Applicant

Mcebisi Someleze Funani

Respondent

Procedural Posture

Criminal Review / High Court Review of Magistrate's Conviction and Sentence

Legal Issues

  1. 1 Whether the accused admitted all essential elements of the offence, specifically impairment of driving ability due to alcohol.
  2. 2 Whether the magistrate properly questioned the accused in terms of section 112(1)(b) of the Criminal Procedure Act.
  3. 3 Whether the conviction was irregular due to lack of proper admissions and possible defences.

Ratio Decidendi

The conviction was irregular because the magistrate failed to elicit a clear admission from the accused that his driving ability was impaired by alcohol, as required by law. The accused's statements before conviction did not amount to an admission of impairment, and his later comments in mitigation were coincidental and insufficient. Furthermore, the circumstances described by the accused suggested a possible defence or at least reasonable doubt as to whether his driving was impaired by alcohol or whether the collision was caused by another driver. The magistrate should have entered a plea of not guilty and clarified the matter by evidence. The failure to do so constituted a fundamental...

Court Disposition

Conviction and sentence set aside; matter remitted for trial on a plea of not guilty.

Orders

  • The conviction and sentence are set aside.
  • The matter is remitted to the magistrate’s court for a plea of not guilty to be entered in terms of section 113 of the Criminal Procedure Act, so that the doubtful matters be clarified by evidence.