S v Matodzi and Others (CC11/2021) [2024] ZAGPPHC 399 (26 April 2024)

S v Matodzi and Others (CC11/2021) [2024] ZAGPPHC 399 (26 April 2024)

The court held that the State has complied with its obligations under section 84 and section 87 of the Criminal Procedure Act by providing sufficient particulars to inform Accused 10 and 11 of the nature of the charges against them. The requests for further and better particulars made by the accused largely sought evidence or information not required for the purposes of pleading, or were repetitive of previous requests already answered. The State is not obliged to furnish evidence or particulars not in its possession, nor to provide details beyond what is necessary for the accused to plead. The indictment accurately follows the statutory wording and discloses offences. The applications to...

Citation
[2024] ZAGPPHC 399
Parties
Applicant: The State; Respondent: Tshifhiwa Calvin Matodzi; Respondent: Andile Malusi Attwell Ramavhunga; Respondent: Phophi Londolani Mukhodobwane; Respondent: Mulimisi Solomon Maposa; Respondent: Nhlanhla Kelvin Sipho Malaba; Respondent: Phalaphala Avashoni Ramikosi; Respondent: Thifhelimbilu Ernest Nesane; Respondent: Paul Magula; Respondent: Mmbulaheni Robert Madzonga; Respondent: Kabelo John Matsepe; Respondent: Mamphe Daniel Msiza; Respondent: Ralliom Razwinane; Respondent: Takunda Edgar Mucheke; Respondent: Tshianeo Madadzh
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 April 2024
Case Number
CC11/2021
Procedural Posture
Criminal Law Application / Application to Compel Further and Better Particulars Prior to Plea
Outcome
Applications to compel the State to furnish further and better particulars are refused.
Judges
Mabuse
Legal Topics
Further and Better Particulars, Indictment Requirements, Prevention of Organised Crime Act, Prevention and Combating of Corrupt Activities Act, Municipal Finance Management Act, Protection of Personal Information Act
Criminal Law Civil Procedure Further and Better Particulars Indictment Requirements Prevention of Organised Crime Act Prevention and Combating of Corrupt Activities Act Municipal Finance Management Act Protection of Personal Information Act

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Parties

The State

Applicant

Tshifhiwa Calvin Matodzi

Respondent

Andile Malusi Attwell Ramavhunga

Respondent

Phophi Londolani Mukhodobwane

Respondent

Mulimisi Solomon Maposa

Respondent

Nhlanhla Kelvin Sipho Malaba

Respondent

Phalaphala Avashoni Ramikosi

Respondent

Thifhelimbilu Ernest Nesane

Respondent

Paul Magula

Respondent

Mmbulaheni Robert Madzonga

Respondent

Kabelo John Matsepe

Respondent

Mamphe Daniel Msiza

Respondent

Ralliom Razwinane

Respondent

Takunda Edgar Mucheke

Respondent

Tshianeo Madadzh

Respondent

Procedural Posture

Criminal Law Application / Application to Compel Further and Better Particulars Prior to Plea

Legal Issues

  1. 1 Whether the State is obliged to furnish further and better particulars as requested by Accused 10 and 11 prior to plea.
  2. 2 Whether the particulars sought constitute evidence rather than material allegations required for the indictment.
  3. 3 Whether the State has complied with its obligations under section 84 and section 87 of the Criminal Procedure Act.

Ratio Decidendi

The court held that the State has complied with its obligations under section 84 and section 87 of the Criminal Procedure Act by providing sufficient particulars to inform Accused 10 and 11 of the nature of the charges against them. The requests for further and better particulars made by the accused largely sought evidence or information not required for the purposes of pleading, or were repetitive of previous requests already answered. The State is not obliged to furnish evidence or particulars not in its possession, nor to provide details beyond what is necessary for the accused to plead. The indictment accurately follows the statutory wording and discloses offences. The applications to...

Court Disposition

Applications to compel the State to furnish further and better particulars are refused.

Orders

  • The applications of Accused 10 and 11 to compel the State to furnish them with full and better particulars are hereby refused.