S v Mpompi (10/2013) [2013] ZAFSHC 202 (14 November 2013)

S v Mpompi (10/2013) [2013] ZAFSHC 202 (14 November 2013)

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.

Citation
[2013] ZAFSHC 202
Parties
Applicant: The State; Respondent: Ndabathathwa William Mpompi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 November 2013
Case Number
10/2013
Procedural Posture
Review Application / Special Review After Admission of Guilt Confirmed
Outcome
The confirmation of the admission of guilt fine is set aside.
Judges
Van Zyl, Reinders
Legal Topics
Admission of Guilt, Criminal Procedure Act, Review of Magistrate Decision, Drugs and Drug Trafficking Act
Criminal Law Civil Procedure Admission of Guilt Criminal Procedure Act Review of Magistrate Decision Drugs and Drug Trafficking Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The State

Applicant

Ndabathathwa William Mpompi

Respondent

Procedural Posture

Review Application / Special Review After Admission of Guilt Confirmed

Legal Issues

  1. 1 Whether the confirmation of the admission of guilt fine was lawful after the accused had already pleaded on the same offence.
  2. 2 Whether the magistrate's confirmation of the admission of guilt fine contravened section 57A(1) of the Criminal Procedure Act.

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.

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.