S v Mhlola; S v Motselbane (A1052-17; A988-17) [2018] ZAWCHC 100; 2019 (2) SACR 422 (WCC) (17 August 2018)

S v Mhlola; S v Motselbane (A1052-17; A988-17) [2018] ZAWCHC 100; 2019 (2) SACR 422 (WCC) (17 August 2018)

The court held that the prosecutor's discretion under section 57(4) is limited to reducing the amount of an admission of guilt fine on good cause shown, and only to an amount less than the determination made under section 57(5)(a) where such determination exists. The prosecutor may only fix an admission of guilt fine where no magisterial determination has been made. In these cases, the prosecutor fixed fines exceeding the magistrate's determination, rendering the proceedings irregular and ultra vires. The magistrate was correct to set aside the convictions and sentences and direct prosecution in the ordinary course.

Citation
[2018] ZAWCHC 100
Parties
Applicant: The State; Respondent: Nonkosi Mhlola; Respondent: Nelson Motselbane
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 August 2018
Case Number
A1052/17; A988/17
Procedural Posture
Special Review / Special Review Under Section 304(4) of Act 51 of 1977
Outcome
Convictions and sentences set aside; fines to be refunded; accused to be prosecuted in the ordinary course.
Judges
Cloete, Engers
Legal Topics
Admission of Guilt Fine, Criminal Procedure Act, Judicial Discretion, Ultra Vires Action
Criminal Law Civil Procedure Admission of Guilt Fine Criminal Procedure Act Judicial Discretion Ultra Vires Action

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Parties

The State

Applicant

Nonkosi Mhlola

Respondent

Nelson Motselbane

Respondent

Procedural Posture

Special Review / Special Review Under Section 304(4) of Act 51 of 1977

Legal Issues

  1. 1 Whether a prosecutor may fix an admission of guilt fine exceeding the amount determined under section 57(5)(a) of the Criminal Procedure Act.
  2. 2 Whether a magistrate is bound to confirm a prosecutor's determination of an admission of guilt fine when exercising discretion under section 57(7).
  3. 3 Whether the proceedings resulting in payment of the admission of guilt fines were irregular.

Ratio Decidendi

The court held that the prosecutor's discretion under section 57(4) is limited to reducing the amount of an admission of guilt fine on good cause shown, and only to an amount less than the determination made under section 57(5)(a) where such determination exists. The prosecutor may only fix an admission of guilt fine where no magisterial determination has been made. In these cases, the prosecutor fixed fines exceeding the magistrate's determination, rendering the proceedings irregular and ultra vires. The magistrate was correct to set aside the convictions and sentences and direct prosecution in the ordinary course.

Court Disposition

Convictions and sentences set aside; fines to be refunded; accused to be prosecuted in the ordinary course.

Orders

  • The setting aside of the conviction and sentence in both case numbers A1052/2017 and A988/2017 is confirmed.
  • The fines paid by the accused are to be refunded forthwith.