S v Kopanye and Others (633/15) [2016] ZAGPPHC 5 (21 January 2016)

S v Kopanye and Others (633/15) [2016] ZAGPPHC 5 (21 January 2016)

The court held that the trial magistrate was correct in separating LM's case from the other accused upon discovering that LM was a minor. The Child Justice Act mandates specific procedures for minors, which were not followed in LM's case. The failure to comply with these procedures prejudiced LM and rendered the proceedings against him invalid. The court supported the magistrate's recommendation to declare the proceedings null and void and to remit the matter for proper handling under the Child Justice Act.

Citation
[2016] ZAGPPHC 5
Parties
Applicant: The State; Respondent: Khutso Kopanye; Respondent: LM; Respondent: Others
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 January 2016
Case Number
633/15
Procedural Posture
Review Application / Special Review
Outcome
The proceedings against LM are reviewed and set aside. The matter is remitted for proper handling under the Child Justice Act.
Judges
A J Bam, S Potterill
Legal Topics
Child Justice Act, Criminal Procedure, Minor Accused, Separation of Trials
Criminal Law Family and Children Child Justice Act Criminal Procedure Minor Accused Separation of Trials

Case Brief

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Parties

The State

Applicant

Khutso Kopanye

Respondent

LM

Respondent

Others

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the proceedings against the minor accused LM complied with the Child Justice Act.
  2. 2 Whether the trial magistrate was correct in separating LM's case and removing it from the roll.
  3. 3 Whether the proceedings against LM should be declared null and void.

Ratio Decidendi

The court held that the trial magistrate was correct in separating LM's case from the other accused upon discovering that LM was a minor. The Child Justice Act mandates specific procedures for minors, which were not followed in LM's case. The failure to comply with these procedures prejudiced LM and rendered the proceedings against him invalid. The court supported the magistrate's recommendation to declare the proceedings null and void and to remit the matter for proper handling under the Child Justice Act.

Court Disposition

The proceedings against LM are reviewed and set aside. The matter is remitted for proper handling under the Child Justice Act.

Orders

  • The proceedings in case number 61/890/14, Atteridgeville, concerning LM, are reviewed and set aside.
  • The matter of LM is remitted to the Senior Magistrate, Tshwane Central, Atteridgeville, to be dealt with in accordance with the Child Justice Act.