S v Ncamane (R153-2019) [2019] ZAFSHC 220 (28 November 2019)

S v Ncamane (R153-2019) [2019] ZAFSHC 220 (28 November 2019)

The court found that, upon reconsideration, the accused's section 112(2) statement and the proceedings as a whole complied with the requirements of justice. The elements of the offence under section 9 of the Justice of the Peace and Commissioners of Oath Act were sufficiently substantiated, and no procedural irregularity occurred that would justify setting aside the conviction or sentence. The conviction and sentence were therefore confirmed.

Citation
[2019] ZAFSHC 220
Parties
Applicant: The State; Respondent: Portia Ncamane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 November 2019
Case Number
R153/2019
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction and sentence confirmed on review.
Judges
Opperman, J, Jordaan, J
Legal Topics
False Statement in Affidavit, Statutory Perjury, Section 112 Plea, Review Proceedings
Criminal Law False Statement in Affidavit Statutory Perjury Section 112 Plea Review Proceedings

Case Brief

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Parties

The State

Applicant

Portia Ncamane

Respondent

Procedural Posture

Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused's section 112(2) statement sufficiently substantiated the elements of the offence charged.
  2. 2 Whether the proceedings complied with the requirements of justice under section 304(4) of the Criminal Procedure Act.
  3. 3 Whether the conviction and sentence should be confirmed on review.

Ratio Decidendi

The court found that, upon reconsideration, the accused's section 112(2) statement and the proceedings as a whole complied with the requirements of justice. The elements of the offence under section 9 of the Justice of the Peace and Commissioners of Oath Act were sufficiently substantiated, and no procedural irregularity occurred that would justify setting aside the conviction or sentence. The conviction and sentence were therefore confirmed.

Court Disposition

Conviction and sentence confirmed on review.

Orders

  • The conviction and sentence are confirmed.