S v Mangwane and Another (913/07) [2007] ZAFSHC 141 (6 December 2007)

S v Mangwane and Another (913/07) [2007] ZAFSHC 141 (6 December 2007)

The High Court found that both juvenile offenders, aged 15, lacked parental care and were exposed to criminal activity and substance abuse. The ordered placement in a reform school could not be effected due to lack of available facilities. The court determined that it was undesirable for the juveniles to remain in custody and that their circumstances warranted intervention under the Child Care Act. Accordingly, the convictions were set aside and the matters referred to the children's court for appropriate enquiry and rehabilitative measures, as provided for in section 254 of the Criminal Procedure Act.

Citation
[2007] ZAFSHC 141
Parties
Applicant: The State; Respondent: Tshepo David Mangwane; Respondent: Robert Charlie McLeon
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2007
Case Number
913/07
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Convictions set aside; matters referred to children's court for enquiry under the Child Care Act.
Judges
Rampai, Ebrahim
Legal Topics
Juvenile Offenders, Reform School Placement, Children S Court Referral, Criminal Procedure Act, Child Care Act
Criminal Law Family and Children Juvenile Offenders Reform School Placement Children S Court Referral Criminal Procedure Act Child Care Act

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Tshepo David Mangwane

Respondent

Robert Charlie McLeon

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the continued detention and placement of the juvenile offenders is appropriate given the lack of available reform school facilities.
  2. 2 Whether the convictions of the juveniles should be set aside and the matters referred to the children's court under section 254 of the Criminal Procedure Act.

Ratio Decidendi

The High Court found that both juvenile offenders, aged 15, lacked parental care and were exposed to criminal activity and substance abuse. The ordered placement in a reform school could not be effected due to lack of available facilities. The court determined that it was undesirable for the juveniles to remain in custody and that their circumstances warranted intervention under the Child Care Act. Accordingly, the convictions were set aside and the matters referred to the children's court for appropriate enquiry and rehabilitative measures, as provided for in section 254 of the Criminal Procedure Act.

Court Disposition

Convictions set aside; matters referred to children's court for enquiry under the Child Care Act.

Orders

  • The criminal proceedings which culminated in the convictions at Vredefort on 9 March 2007 are set aside in terms of section 254(2).
  • The magistrate is directed to convert the criminal case into an enquiry in terms of section 5 of the Child Care Act 74 of 1983, in accordance with section 254(1) of the Criminal Procedure Act.