S v Molaba (A276/16) [2016] ZAGPPHC 315 (5 May 2016)

S v Molaba (A276/16) [2016] ZAGPPHC 315 (5 May 2016)

The court held that neither section 304(4) nor section 304A of the Criminal Procedure Act permits a special review in circumstances where the accused has not been convicted or sentenced. The erroneous inscription on the charge sheet was an administrative error, which was adequately rectified by the presiding magistrate. Rule 66(6) of the Magistrates' Court Rules does not apply to correction of administrative errors before judgment. The Acting Senior Magistrate's submission that the magistrate was functus officio and could not correct the record without a formal application was incorrect. There was no substantive irregularity or injustice requiring intervention by the High Court at this...

Citation
[2016] ZAGPPHC 315
Parties
Applicant: The State; Respondent: Meshack Samuel Molaba
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 May 2016
Case Number
A276/16
Procedural Posture
Review Application / Special Review Prior to Conviction or Sentence
Outcome
The matter is remitted to the trial court for finalization of the trial.
Judges
J W Louw, D S Fourie
Legal Topics
Domestic Violence Act, Administrative Error, Functus Officio, Magistrates Court Rules
Criminal Law Civil Procedure Domestic Violence Act Administrative Error Functus Officio Magistrates Court Rules

Case Brief

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Parties

The State

Applicant

Meshack Samuel Molaba

Respondent

Procedural Posture

Review Application / Special Review Prior to Conviction or Sentence

Legal Issues

  1. 1 Whether the magistrate was functus officio and thus unable to correct an administrative error on the charge sheet after trial.
  2. 2 Whether a special review in terms of section 304(4) or 304A of the Criminal Procedure Act is competent where no conviction or sentence has occurred.
  3. 3 Whether Rule 66(6) of the Magistrates' Court Rules applies to correction of administrative errors before judgment.

Ratio Decidendi

The court held that neither section 304(4) nor section 304A of the Criminal Procedure Act permits a special review in circumstances where the accused has not been convicted or sentenced. The erroneous inscription on the charge sheet was an administrative error, which was adequately rectified by the presiding magistrate. Rule 66(6) of the Magistrates' Court Rules does not apply to correction of administrative errors before judgment. The Acting Senior Magistrate's submission that the magistrate was functus officio and could not correct the record without a formal application was incorrect. There was no substantive irregularity or injustice requiring intervention by the High Court at this...

Court Disposition

The matter is remitted to the trial court for finalization of the trial.

Orders

  • The matter is remitted to the trial court for finalization of the trial.