S v Motloi and Another (42/2014) [2014] ZAFSHC 16 (28 February 2014)

S v Motloi and Another (42/2014) [2014] ZAFSHC 16 (28 February 2014)

The convictions on both counts were set aside because count 1 was based on a repealed statute, rendering the conviction irregular. Count 2 was closely linked to count 1, and separate sentencing by different courts would likely result in injustice. Therefore, both convictions were set aside and the matter was remitted for retrial before a different magistrate under the correct statutory provisions.

Citation
[2014] ZAFSHC 16
Parties
Applicant: The State; Respondent: Letonyana Motloi; Respondent: Matase Motjokoseu
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 February 2014
Case Number
42/2014
Procedural Posture
Criminal Review / Special Review Under Section 304 a of the Criminal Procedure Act
Outcome
Both convictions are set aside and the matter is remitted for retrial before a different magistrate.
Judges
Van Zyl, Reinders
Legal Topics
Corruption, Illegal Foreigner, Conviction Irregularity, Repealed Statute, De Novo Trial
Criminal Law Corruption Illegal Foreigner Conviction Irregularity Repealed Statute De Novo Trial

Case Brief

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Parties

The State

Applicant

Letonyana Motloi

Respondent

Matase Motjokoseu

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the convictions on both counts were valid given the use of a repealed statute for count 1.
  2. 2 Whether the convictions should be set aside due to procedural irregularity.
  3. 3 Whether the matter should be remitted for retrial before a different magistrate.

Ratio Decidendi

The convictions on both counts were set aside because count 1 was based on a repealed statute, rendering the conviction irregular. Count 2 was closely linked to count 1, and separate sentencing by different courts would likely result in injustice. Therefore, both convictions were set aside and the matter was remitted for retrial before a different magistrate under the correct statutory provisions.

Court Disposition

Both convictions are set aside and the matter is remitted for retrial before a different magistrate.

Orders

  • The convictions of both accused on charge 1 and charge 2 are set aside.
  • The matter is referred back to the court a quo for both accused to be recharged and prosecuted de novo before a different presiding magistrate.