S v Masilo (15/2016) [2016] ZAFSHC 23 (11 February 2016)

S v Masilo (15/2016) [2016] ZAFSHC 23 (11 February 2016)

The court held that once an accused has pleaded to a charge, he is entitled to a verdict of guilty or not guilty. The withdrawal of the charge after a plea is not permissible under the Criminal Procedure Act, and the prosecution must act within its authority to bring the matter to a lawful conclusion. The mere withdrawal of the charge leaves the matter unresolved and may prejudice the accused by allowing the case to hang over him indefinitely. The withdrawal of the charge against the accused was therefore set aside, and the prosecution was directed to proceed according to law.

Citation
[2016] ZAFSHC 23
Parties
Applicant: The State; Respondent: Thabo Johannes Masilo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 February 2016
Case Number
15/2016
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Withdrawal of charges set aside; prosecution to proceed according to law.
Judges
K.J Moloi, S. Chesiwe
Legal Topics
Withdrawal of Charge, Intimidation Act, Plea and Verdict, Autrefois Acquit
Criminal Law Civil Procedure Withdrawal of Charge Intimidation Act Plea and Verdict Autrefois Acquit

Case Brief

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Parties

The State

Applicant

Thabo Johannes Masilo

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the withdrawal of charges after a plea has been entered is legally permissible.
  2. 2 Whether the accused is entitled to a verdict after pleading to the charge.
  3. 3 Whether the prosecution followed proper procedure in withdrawing the charge.

Ratio Decidendi

The court held that once an accused has pleaded to a charge, he is entitled to a verdict of guilty or not guilty. The withdrawal of the charge after a plea is not permissible under the Criminal Procedure Act, and the prosecution must act within its authority to bring the matter to a lawful conclusion. The mere withdrawal of the charge leaves the matter unresolved and may prejudice the accused by allowing the case to hang over him indefinitely. The withdrawal of the charge against the accused was therefore set aside, and the prosecution was directed to proceed according to law.

Court Disposition

Withdrawal of charges set aside; prosecution to proceed according to law.

Orders

  • The withdrawal of the charges against the accused on 25 November 2015 is set aside.
  • The prosecution is allowed to act in terms of its powers.