S v Machaba and Others (SH91/09) [2009] ZAGPPHC 296 (29 September 2009)

S v Machaba and Others (SH91/09) [2009] ZAGPPHC 296 (29 September 2009)

The court held that section 51(2) of the Criminal Law Amendment Act 105 of 1997 does not apply to magistrates' courts and does not bind them. The magistrate had jurisdiction to try the robbery charge, and the accused suffered no prejudice from not being warned about section 51(2), especially as they were represented. The referral to the Regional Court for sentence was proper under section 116 of Act 51 of 1977, but the Regional Court may only impose a sentence within its normal jurisdiction, not a mandatory minimum under section 51(2). The convictions were confirmed and the matter referred back for appropriate sentencing.

Citation
[2009] ZAGPPHC 296
Parties
Applicant: The State; Respondent: Frans Lesiba Machaba and Others
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 September 2009
Case Number
SH91/09
Procedural Posture
Criminal Review / Special Review Following Conviction and Referral for Sentence
Outcome
Conviction confirmed; matter referred back to Regional Court for sentencing within its normal jurisdiction.
Judges
C Botha, CJ Eksteen
Legal Topics
Jurisdiction of Magistrates Courts, Minimum Sentencing Legislation, Application of Section 51 2, Referral for Sentence, Aggravating Circumstances
Criminal Law Civil Procedure Jurisdiction of Magistrates Courts Minimum Sentencing Legislation Application of Section 51 2 Referral for Sentence Aggravating Circumstances

Case Brief

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Parties

The State

Applicant

Frans Lesiba Machaba and Others

Respondent

Procedural Posture

Criminal Review / Special Review Following Conviction and Referral for Sentence

Legal Issues

  1. 1 Whether the magistrate's court had jurisdiction to hear the robbery charge read with section 51(2) of the Criminal Law Amendment Act 105 of 1997.
  2. 2 Whether failure to warn the accused of the consequences of section 51(2) resulted in prejudice.
  3. 3 Whether the referral to the Regional Court for sentence was proper under section 116 of Act 51 of 1977.

Ratio Decidendi

The court held that section 51(2) of the Criminal Law Amendment Act 105 of 1997 does not apply to magistrates' courts and does not bind them. The magistrate had jurisdiction to try the robbery charge, and the accused suffered no prejudice from not being warned about section 51(2), especially as they were represented. The referral to the Regional Court for sentence was proper under section 116 of Act 51 of 1977, but the Regional Court may only impose a sentence within its normal jurisdiction, not a mandatory minimum under section 51(2). The convictions were confirmed and the matter referred back for appropriate sentencing.

Court Disposition

Conviction confirmed; matter referred back to Regional Court for sentencing within its normal jurisdiction.

Orders

  • The conviction of the accused is confirmed.
  • The matter is referred back to the Regional Court for the imposition of sentence within its normal jurisdiction, without reference to section 51(2) of Act 105 of 1997.