S v Mpompi (10/2013) [2013] ZAFSHC 202 (14 November 2013)
- Citation
- [2013] ZAFSHC 202
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- Van Zyl, Reinders
- Case number
- 10/2013
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- Van Zyl, Reinders
- Case number
- 10/2013
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the confirmation of the admission of guilt fine was irregular because it was made after the accused had already pleaded to the charge. Section 57A(1) of the Criminal Procedure Act clearly prohibits the fixing of an admission of guilt fine after a plea has been entered. The magistrate who confirmed the fine was unaware of the prior plea, resulting in a procedural error. The High Court, as the reviewing authority, set aside the confirmation of the admission of guilt fine to correct the irregularity.
Court disposition
The confirmation of the admission of guilt fine is set aside.
Orders
- The confirmation of the admission of guilt on 4 October 2013 is set aside.
02
Material facts
Parties
The State
ApplicantNdabathathwa William Mpompi
RespondentAmounts and remedies
- Admission of Guilt Fine: ZAR 800
- Quantity of Cannabis: 974
03
Procedural history
Posture
Review Application / Special Review After Admission of Guilt Confirmed
04
Questions and positions
Legal issues
- 01
Whether the confirmation of the admission of guilt fine was lawful after the accused had already pleaded on the same offence.
- 02
Whether the magistrate's confirmation of the admission of guilt fine contravened section 57A(1) of the Criminal Procedure Act.
Party arguments
- Applicant
- The State submitted the matter for special review, highlighting that the accused had already pleaded to the charge before the admission of guilt fine was fixed and paid. The State argued that the subsequent confirmation of the admission of guilt fine was irregular and in contravention of section 57A(1) of the Criminal Procedure Act.
- Respondent
- The accused did not make formal submissions but had paid the admission of guilt fine after a plea had already been entered. The respondent relied on the process followed by the magistrate and prosecutor, which was later found to be irregular.
05
Court’s reasoning
Legal principles
- 01
Section 57A(1) of the Criminal Procedure Act No 51 of 1977
A prosecutor may only fix an admission of guilt fine after the accused has appeared in court, but before the accused has entered a plea.
- 02
S v Miller 1981 (3) SA 560 (O)
Where an admission of guilt has been paid and confirmed by a magistrate, the matter may be taken on review by the High Court.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the confirmation of the admission of guilt fine was irregular because it was made after the accused had already pleaded to the charge. Section 57A(1) of the Criminal Procedure Act clearly prohibits the fixing of an admission of guilt fine after a plea has been entered. The magistrate who confirmed the fine was unaware of the prior plea, resulting in a procedural error. The High Court, as the reviewing authority, set aside the confirmation of the admission of guilt fine to correct the irregularity.
Obiter and limits
- The review procedure ensures that procedural irregularities in the lower courts are corrected to maintain the integrity of the criminal justice system.
Court disposition
The confirmation of the admission of guilt fine is set aside.
- The confirmation of the admission of guilt on 4 October 2013 is set aside.
Source and reliance status
Free State High Court, Bloemfontein
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Free State High Court, Bloemfontein
Judgment
IN THE HIGH COURT OF
SOUTH AFRICA
FREE STATE DIVISION,
BLOEMFONTEIN
…................................................... .......... .. Review No. : 10/2013
THE STATE …...............................................................
versus
NDABATHATHWA WILLIAM
MPOMPI
CORAM: VAN ZYL, J et REINDERS, AJ
JUDGMENT BY: REINDERS, AJ
DELIVERED ON: 14 NOVEMBER 2013
[1] This is a special review referred by the senior magistrate, Welkom.
[2] The accused was charged with contravening section 4(b) read with sections 1, 4, 13(d), 17(d), 18, 19, 20, 25, 35, 64 and Part III schedule 2 of the Drugs and Drug Trafficking Act NO 140 of 1992 in that he had about 974 g of cannabis in his possession on 25 May 2013.
[3] On 28 August 2013 the accused pleaded guilty to the said charge. However, a plea of not guilty in terms of section 113 of the Criminal Procedure Act No 51 of 1977 (“the CPA”), was entered by the magistrate.
[4] The matter was hereupon remanded to 26 September 2013 for trial.
[5] On 26 September 2013 the matter was erroneously remanded to 11 October 2013 in order to have the accused pay admission of guilt.
[6] Admission of guilt was fixed by the prosecutor on 4 October 2013 in the amount of R800,00. The accused duly paid the said amount on the same day.
[7] In terms of section 57(7) of the CPA the said admission of guilt was confirmed by another magistrate without knowing that the accused had already pleaded on the same offence.
[8] Section 57A(1) of the CPA stipulates that a prosecutor may only fix an admission of guilt fine after the accused appeared in court, but before the accused has entered a plea.
[9] The said confirmation by the magistrate on 4 October 2013 of the admission of the guilt fine paid by the accused as in paragraphs [6] and [7] above, was thus in contravention of section 57A(1) of the CPA and should be set aside.
[10] In S v Miller 1981 (3) SA 560 (O) at 561A Erasmus J stated that, where an admission of guilt has been paid by an accused and the conviction and sentence is confirmed by the magistrate in terms of section 57 of the CPA, the matter can be taken on review by this court only.
[11] Accordingly the following order is made:
ORDER:
The confirmation of the admission of guilt on 4 October 2013 is set aside.
___
C. REINDERS, AJ
I concur and it is ordered.
____
C. VAN ZYL, J
/spieterse
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