S v Ledwaba (R180/2019) [2019] ZAFSHC 256 (14 November 2019)

S v Ledwaba (R180/2019) [2019] ZAFSHC 256 (14 November 2019)

The Regional Magistrate's order directing the state to pay the accused's wasted costs under section 342A(3)(e)(i) of the Criminal Procedure Act was irregular because the relevant provision had not yet been proclaimed and was therefore not in force. Courts are bound by the commencement dates of statutory provisions and may not enforce sections that are not operative. The order was set aside on review for lack of legal authority.

Citation
[2019] ZAFSHC 256
Parties
Applicant: The State; Respondent: Lesiba Jackson Ledwaba
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 November 2019
Case Number
R180/2019
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
The order made by the Regional Magistrate under section 342A(3)(e)(i) of the Criminal Procedure Act is set aside.
Judges
A.K. Ramlal, P.J. Loubser
Legal Topics
Criminal Procedure Act Section 342a, Unreasonable Delay, Wasted Costs, Review of Magistrate Order
Criminal Law Civil Procedure Criminal Procedure Act Section 342a Unreasonable Delay Wasted Costs Review of Magistrate Order

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Parties

The State

Applicant

Lesiba Jackson Ledwaba

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the Regional Magistrate was empowered to order the state to pay the accused's wasted costs under section 342A(3)(e)(i) of the Criminal Procedure Act.
  2. 2 Whether the order made by the Regional Magistrate was regular and enforceable.

Ratio Decidendi

The Regional Magistrate's order directing the state to pay the accused's wasted costs under section 342A(3)(e)(i) of the Criminal Procedure Act was irregular because the relevant provision had not yet been proclaimed and was therefore not in force. Courts are bound by the commencement dates of statutory provisions and may not enforce sections that are not operative. The order was set aside on review for lack of legal authority.

Court Disposition

The order made by the Regional Magistrate under section 342A(3)(e)(i) of the Criminal Procedure Act is set aside.

Orders

  • The order made in terms of section 342A(3)(e)(i) of Act 51 of 1977 by the Regional Magistrate on 19 September 2019 is set aside.