S v Makwakwa (C2230/07) [2007] ZAGPHC 187 (10 September 2007)

S v Makwakwa (C2230/07) [2007] ZAGPHC 187 (10 September 2007)

The magistrate failed to comply with section 112 of the Criminal Procedure Act by not questioning the accused after the guilty plea and by not establishing the circumstances under which the offence was committed. This procedural irregularity renders both the conviction and sentence invalid. The matter must be referred back to the magistrate for proper compliance with section 112 or, if applicable, for steps in terms of section 113.

Citation
[2007] ZAGPHC 187
Parties
Applicant: The State; Respondent: Glondi Makwakwa
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
10 September 2007
Case Number
C2230/07
Procedural Posture
Review Application / High Court Review of Magistrate's Conviction and Sentence
Outcome
Conviction and sentence set aside; matter referred back to magistrate for proper procedure.
Judges
F.G Preller, E Jordaan
Legal Topics
Housebreaking, Section 112 Criminal Procedure Act, Guilty Plea Procedure, Review of Magistrate Decision
Criminal Law Housebreaking Section 112 Criminal Procedure Act Guilty Plea Procedure Review of Magistrate Decision

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Glondi Makwakwa

Respondent

Procedural Posture

Review Application / High Court Review of Magistrate's Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate complied with section 112 of the Criminal Procedure Act when accepting the accused's guilty plea.
  2. 2 Whether the conviction and sentence can stand in the absence of proper questioning and evidence regarding the circumstances of the offence.

Ratio Decidendi

The magistrate failed to comply with section 112 of the Criminal Procedure Act by not questioning the accused after the guilty plea and by not establishing the circumstances under which the offence was committed. This procedural irregularity renders both the conviction and sentence invalid. The matter must be referred back to the magistrate for proper compliance with section 112 or, if applicable, for steps in terms of section 113.

Court Disposition

Conviction and sentence set aside; matter referred back to magistrate for proper procedure.

Orders

  • The conviction and sentence are set aside.
  • In terms of section 312(1), the case is referred back to the magistrate for proper compliance with the provisions of section 112 or, if applicable, for steps in terms of section 113.