S v Hlongwane (167/17) [2017] ZAGPPHC 863 (15 June 2017)
- Citation
- [2017] ZAGPPHC 863
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- H.J Fabricius, D. S. Fourie
- Case number
- 167/17
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- H.J Fabricius, D. S. Fourie
- Case number
- 167/17
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
THE STATE
RespondentNEO HLONGWANE
Applicant03
Procedural history
Posture
Review Application / Special Review Under Section 304 a of the Criminal Procedure Act
04
Questions and positions
Legal issues
- 01
Whether the proceedings against the accused, a minor, were in accordance with justice.
- 02
Whether the procedure under section 85 of the Child Justice Act should have been followed.
Party arguments
- Applicant
- The accused pleaded guilty to theft of two chicken pies and was convicted. It later emerged that he was under 18 years old, which required the application of the Child Justice Act procedures.
- Respondent
- The State proceeded with the prosecution and conviction without applying the procedures required for minors under the Child Justice Act.
05
Court’s reasoning
Legal principles
- 01
Child Justice Act 75 of 2008
Where an accused is below the age of 18, the procedures set out in section 85 of the Child Justice Act 75 of 2008 must be followed.
- 02
Criminal Procedure Act, section 304A
A conviction obtained without following the correct procedure for minors is not in accordance with justice and must be set aside.
06
Ratio, limits and disposition
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.
- The conviction and proceedings against Neo Hlongwane are set aside.
Source and reliance status
North Gauteng High Court, Pretoria
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Review Case Number: 167/17
Not reportable
Not of interest to other judges
Revised.
15/06/2017
In the matter between:
THE STATE
AND
NEO
HLONGWANE
REVIEW
JUDGMENT
Special Review in terms of s. 304 A (a) of the Criminal Procedure Act
Fabricius J,
1.
This Special review was placed before me by the Magistrate, Shoshanguve on the basis that the proceedings against the accused were not in accordance with justice.
2.
The accused pleaded guilty to a charge of stealing two chicken pies. He was duly convicted. According to the charge sheet he was 28 years old.
3.
It then appeared that the accused was in fact below the age of 18. This meant that the procedure envisaged by s. 85 of the Child Justice Act 75 of 2008, should have been followed.
4.
The proceedings must therefore be set aside, and this is accordingly done.
________
JUDGE H.J FABRICIUS
JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA
And
I Agree
_____
JUDGE D. S. FOURIE
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