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South Africa Judgment

North Gauteng High Court, Pretoria

S v Mangula (A688/14) [2014] ZAGPPHC 703 (11 September 2014)

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Source document

01

Holding and result

The High Court held that the magistrates' court failed to properly question the accused regarding the result of the blood analysis, which is a crucial element of the offence under s 65(2)(a) of the National Road Traffic Act. The accused was not asked to admit whether the blood sample was correctly analysed or whether he admitted the result of the test. Without such admissions, the court could not be satisfied that all elements of the offence were admitted as required by s 112(1)(b) of Act 51 of 1977. Consequently, the conviction and sentence could not be upheld and were set aside.

Court disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence imposed by the trial court are set aside.

02

Material facts

Parties

The State

Applicant

Carlos Alberto Mangula

Respondent

Amounts and remedies

  • Fine Imposed by Magistrates' Court: ZAR 2,000

03

Procedural history

  1. Posture

    Review Application / High Court Review of Magistrates' Court Conviction

04

Questions and positions

Legal issues

Party arguments

Applicant
The Director of Public Prosecutions argued that the trial court misdirected itself by failing to inquire into the results of the blood analysis, which is a crucial element of the offence. Without such inquiry, the court could not be satisfied that all elements of the offence were admitted as required by s 112(1)(b).
Respondent
The magistrate explained that the accused understood the charge and pleaded guilty, and that he lacked the skills or knowledge to admit or deny issues regarding the analysis of alcohol specimens. The magistrate considered further questions redundant as the accused could not have personal knowledge of the analysis process.

05

Court’s reasoning

  1. 01

    Section 112(1)(b) of Act 51 of 1977

    A conviction under s 112(1)(b) of Act 51 of 1977 requires that the accused admit all elements of the offence, including the result of the blood analysis.

  2. 02

    Director of Public Prosecutions written submissions

    The court must be satisfied that all elements of the offence have been admitted before convicting on a guilty plea.

06

Ratio, limits and disposition

Ratio decidendi

The High Court held that the magistrates' court failed to properly question the accused regarding the result of the blood analysis, which is a crucial element of the offence under s 65(2)(a) of the National Road Traffic Act. The accused was not asked to admit whether the blood sample was correctly analysed or whether he admitted the result of the test. Without such admissions, the court could not be satisfied that all elements of the offence were admitted as required by s 112(1)(b) of Act 51 of 1977. Consequently, the conviction and sentence could not be upheld and were set aside.

Obiter and limits

  • The explanation that the accused lacked knowledge of alcohol specimen analysis does not absolve the court from its duty to ensure all elements are admitted.
  • Questions regarding the analysis of the blood sample are not redundant, as they pertain to essential elements of the offence.

Court disposition

Conviction and sentence set aside.

  • The conviction and sentence imposed by the trial court are set aside.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2014] ZAGPPHC 703

IN

THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

DATE: 11 September 2004

CASE NUMBER: A688/14

Magistrate: Fochville

Case no: B126/12

High court ref no: 313/2014

THE STATE

v

CARLOS ALBERTO

MANGULA

REVIEW JUDGMENT

J W LOUW. J

[1] The accused was charged in the Fochville magistrates’ court on a count of contravening s 65(2)(a) of the National Road Traffic Act 93 of 1996 by driving a motor vehicle while the concentration of alcohol in his blood was not less than 0,05 grams per 100 ml, being 0,22 grams per 100 ml. He pleaded guilty to the charge and was convicted and sentenced to a fine of R2 000,00 or five months’ imprisonment.

[2] When questioned by the court in terms of s 112(l)(b) of Act 51 of 1977, the accused confirmed that the sample of his blood was taken within the two hour prescribed time limit. He was, however, not asked whether he admitted that the blood sample was correctly analysed or whether he admitted the result of the test.

[3] The matter came before me on review in terms of s 302 of Act 51 of 1977. I requested the learned magistrate to comment on this apparent oversight. The explanation which has been provided is that the accused understood the charge and pleaded guilty and that the accused was a person without skills or knowledge on how alcohol specimens are analysed. The further explanation is that the questions would have been “redundant” as the accused was not able to admit or deny issues that were not in his personal knowledge.

[4] The Director of Public Prosecutions has provided written submissions in which it is stated that the trial court misdirected itself by not directing any inquiry to the results of the blood analysis which is a crucial element of the offence. I respectfully agree with the submission. The court could not have been satisfied that all the elements of the offence had been admitted, which is what is required by s 112(l)(b). The conviction in terms of s 112(l)(b) can therefore not be upheld.

[5] In the result, the conviction and sentence imposed by the trial court are set aside.

J.W. LOUW

JUDGE OF THE HIGH COURT,

PRETORIA

I agree

A.J. BAM

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

National Road Traffic Act 93 of 1996

Legislation

Legislation referenced in the available case record.

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

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