S v Hlalatu (ECJ 057/2005) [2005] ZAECHC 27 (21 June 2005)

S v Hlalatu (ECJ 057/2005) [2005] ZAECHC 27 (21 June 2005)

The court held that both intention (mens rea) and unlawfulness are essential elements of the offence under section 17(a) of the Domestic Violence Act. The accused's entry into the complainant's residence was at her invitation, amounting to consent and a waiver of reliance on the protection order for that occasion. This rendered the accused's conduct lawful and negated the required intention to contravene the order. The magistrate erred in finding that the complainant's invitation could not override the order and in placing the onus on the accused to prove his defence. The conviction and sentence were therefore irregular and could not stand.

Citation
[2005] ZAECHC 27
Parties
Applicant: The State; Respondent: Mbuyiselo Hlalatu
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
21 June 2005
Case Number
ECJ 057/2005
Procedural Posture
Criminal Review / Review of Conviction and Sentence From Magistrate's Court
Outcome
Conviction and sentence set aside.
Judges
C Plasket, J C Froneman
Legal Topics
Domestic Violence Act, Protection Order, Mens Rea, Unlawfulness, Consent
Criminal Law Family and Children Domestic Violence Act Protection Order Mens Rea Unlawfulness Consent

Case Brief

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Parties

The State

Applicant

Mbuyiselo Hlalatu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the accused's entry into the complainant's residence constituted a contravention of a protection order under the Domestic Violence Act when he was invited by the complainant.
  2. 2 Whether the accused possessed the necessary intention (mens rea) and unlawfulness to commit the offence under section 17(a) of the Domestic Violence Act.

Ratio Decidendi

The court held that both intention (mens rea) and unlawfulness are essential elements of the offence under section 17(a) of the Domestic Violence Act. The accused's entry into the complainant's residence was at her invitation, amounting to consent and a waiver of reliance on the protection order for that occasion. This rendered the accused's conduct lawful and negated the required intention to contravene the order. The magistrate erred in finding that the complainant's invitation could not override the order and in placing the onus on the accused to prove his defence. The conviction and sentence were therefore irregular and could not stand.

Court Disposition

Conviction and sentence set aside.

Orders

  • The accused's conviction is set aside.
  • The sentence imposed on the accused is set aside.