S v Mashilo (REV 56/2023) [2023] ZALMPPHC 21 (10 May 2023)

S v Mashilo (REV 56/2023) [2023] ZALMPPHC 21 (10 May 2023)

The court found that the accused was a minor at the time of the alleged offence and should have been dealt with under the Child Justice Act, which requires a preliminary inquiry and prohibits the use of admission of guilt fines for children. The police official failed to comply with the statutory requirements for issuing a written notice to a child, and the magistrate's confirmation of the admission of guilt fine was therefore irregular and a nullity. The High Court exercised its inherent review powers to set aside both the notice and the fine, ordering a refund to the accused.

Citation
[2023] ZALMPPHC 21
Parties
Applicant: The State; Respondent: Koketso Fana Mashilo
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
10 May 2023
Case Number
REV 56/2023
Procedural Posture
Criminal Review / Special Review Under Section 304 of the Criminal Procedure Act
Outcome
The confirmation of the admission of guilt fine is reviewed and set aside; the fine must be refunded to the accused.
Judges
MG Phatudi, GC Muller
Legal Topics
Admission of Guilt Fine, Child Justice Act, Procedural Irregularity, Minor Offender, Review Proceedings
Criminal Law Family and Children Admission of Guilt Fine Child Justice Act Procedural Irregularity Minor Offender Review Proceedings

Case Brief

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Parties

The State

Applicant

Koketso Fana Mashilo

Respondent

Procedural Posture

Criminal Review / Special Review Under Section 304 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the written notice and admission of guilt fine issued to a minor under section 56 of the Criminal Procedure Act was lawful.
  2. 2 Whether the requirements of the Child Justice Act were complied with in securing the attendance of the accused.
  3. 3 Whether the confirmation of the admission of guilt fine by the magistrate was valid and reviewable.

Ratio Decidendi

The court found that the accused was a minor at the time of the alleged offence and should have been dealt with under the Child Justice Act, which requires a preliminary inquiry and prohibits the use of admission of guilt fines for children. The police official failed to comply with the statutory requirements for issuing a written notice to a child, and the magistrate's confirmation of the admission of guilt fine was therefore irregular and a nullity. The High Court exercised its inherent review powers to set aside both the notice and the fine, ordering a refund to the accused.

Court Disposition

The confirmation of the admission of guilt fine is reviewed and set aside; the fine must be refunded to the accused.

Orders

  • The confirmation by the Acting District Magistrate made in terms of Section 57(7) of the Criminal Procedure Act 51 of 1977 is reviewed and set aside.
  • The admission of guilt fine (R 100.00) paid must be refunded to the accused within ten (10) days after the granting of this Order.