S v Kekana (HC 8/2013) [2013] ZANWHC 6 (21 February 2013)

S v Kekana (HC 8/2013) [2013] ZANWHC 6 (21 February 2013)

The magistrate had no legal authority to hold an inquiry and convict the accused for failure to appear after bail was forfeited, as the relevant provisions of the Criminal Procedure Act do not permit such proceedings. The only sanctions available prior to section 67A were forfeiture of bail and loss of liberty. Conviction and sentence for failure to appear require a formal trial and proper charge under the law, which did not occur in this case. Therefore, the conviction and sentence imposed were not in accordance with justice and must be set aside.

Citation
[2013] ZANWHC 6
Parties
Appellant: Godfrey Joel Kekana; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
21 February 2013
Case Number
HC 8/2013
Procedural Posture
Review Application / Special Review of Magistrate's Proceedings
Outcome
Conviction and sentence set aside.
Judges
A.M. Kgoele, R.D. Hendricks
Legal Topics
Bail Forfeiture, Failure to Appear, Criminal Procedure Act, Summary Inquiry, Conviction and Sentence
Criminal Law Bail Forfeiture Failure to Appear Criminal Procedure Act Summary Inquiry Conviction and Sentence

Case Brief

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Parties

Godfrey Joel Kekana

Appellant

The State

Respondent

Procedural Posture

Review Application / Special Review of Magistrate's Proceedings

Legal Issues

  1. 1 Whether the magistrate was legally empowered to hold an inquiry and convict the accused after bail was forfeited.
  2. 2 Whether the conviction and sentence imposed for failure to appear were in accordance with justice.

Ratio Decidendi

The magistrate had no legal authority to hold an inquiry and convict the accused for failure to appear after bail was forfeited, as the relevant provisions of the Criminal Procedure Act do not permit such proceedings. The only sanctions available prior to section 67A were forfeiture of bail and loss of liberty. Conviction and sentence for failure to appear require a formal trial and proper charge under the law, which did not occur in this case. Therefore, the conviction and sentence imposed were not in accordance with justice and must be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence imposed on the accused are hereby set aside.