S v Hlongwane (167/17) [2017] ZAGPPHC 863 (15 June 2017)

S v Hlongwane (167/17) [2017] ZAGPPHC 863 (15 June 2017)

The court found that the accused was in fact below the age of 18 at the time of conviction. The procedures required by section 85 of the Child Justice Act were not followed, rendering the proceedings not in accordance with justice. As a result, the conviction must be set aside.

Citation
[2017] ZAGPPHC 863
Parties
Respondent: THE STATE; Applicant: NEO HLONGWANE
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 June 2017
Case Number
167/17
Procedural Posture
Review Application / Special Review Under Section 304 a of the Criminal Procedure Act
Outcome
The proceedings against the accused are set aside.
Judges
H.J Fabricius, D. S. Fourie
Legal Topics
Child Justice Act, Criminal Procedure Review, Conviction of Minor
Criminal Law Family and Children Child Justice Act Criminal Procedure Review Conviction of Minor

Case Brief

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Parties

THE STATE

Respondent

NEO HLONGWANE

Applicant

Procedural Posture

Review Application / Special Review Under Section 304 a of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the proceedings against the accused, a minor, were in accordance with justice.
  2. 2 Whether the procedure under section 85 of the Child Justice Act should have been followed.

Ratio Decidendi

The court found that the accused was in fact below the age of 18 at the time of conviction. The procedures required by section 85 of the Child Justice Act were not followed, rendering the proceedings not in accordance with justice. As a result, the conviction must be set aside.

Court Disposition

The proceedings against the accused are set aside.

Orders

  • The conviction and proceedings against Neo Hlongwane are set aside.