S v Ngobeni and Others (94/2019; 374/03/19; 252/02/19; 35/11/17; 10/04/2018; 31/10/18, 93/04/18; 141/03/17; 54/10/18; 150/09/18; 65/10/2017;10/01/17; 11/01/17; 58/11/17; 169/09/17; 195/07/17) [2020] ZALMPTHC 4 (3 February 2020)

S v Ngobeni and Others (94/2019; 374/03/19; 252/02/19; 35/11/17; 10/04/2018; 31/10/18, 93/04/18; 141/03/17; 54/10/18; 150/09/18; 65/10/2017;10/01/17; 11/01/17; 58/11/17; 169/09/17; 195/07/17) [2020] ZALMPTHC 4 (3 February 2020)

The court found that all child offenders were issued notices in terms of section 56(1)(c) of the Criminal Procedure Act, which is invalid for children under the Child Justice Act. The procedures followed by magistrates were flawed and not in accordance with the Child Justice Act, rendering all convictions and sentences imposed on child offenders void. The court held that the notices and subsequent proceedings were not in accordance with justice and must be set aside.

Citation
[2020] ZALMPTHC 4
Parties
Defendant: Meehleketo Ngobeni; Defendant: Praise Nhl Maluleke; Defendant: Boweni Abram Chauke; Defendant: Campira Olinda Zita; Defendant: John Mashaba; Defendant: Vanessa Manganyi; Defendant: Tiyiselani Makhubele; Defendant: Thandi Arnold Khoza; Defendant: Tirisani Maluleke; Defendant: Khanimamabo Baloyi; Defendant: Clement Chabalala; Defendant: Vukosi Khosa; Defendant: Forget Akani Mabasa; Defendant: Matimba Maluleke; Defendant: Mandla Mkhwanazi; Defendant: Renewa Makhalae; Applicant: The State
Court
Limpopo High Court, Thohoyandou
Jurisdiction
South Africa
Judgment Date
3 February 2020
Case Number
94/2019
Procedural Posture
Special Review / High Court Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
All convictions and sentences imposed on child offenders in contravention of the Child Justice Act are reviewed and set aside.
Judges
AML Phatudi, K Makhafola
Legal Topics
Child Justice Act, Admission of Guilt Fine, Invalid Procedure, Review of Magistrates Court, Juvenile Offenders
Criminal Law Family and Children Child Justice Act Admission of Guilt Fine Invalid Procedure Review of Magistrates Court Juvenile Offenders

Case Brief

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Parties

Meehleketo Ngobeni

Defendant

Praise Nhl Maluleke

Defendant

Boweni Abram Chauke

Defendant

Campira Olinda Zita

Defendant

John Mashaba

Defendant

Vanessa Manganyi

Defendant

Tiyiselani Makhubele

Defendant

Thandi Arnold Khoza

Defendant

Tirisani Maluleke

Defendant

Khanimamabo Baloyi

Defendant

Clement Chabalala

Defendant

Vukosi Khosa

Defendant

Forget Akani Mabasa

Defendant

Matimba Maluleke

Defendant

Mandla Mkhwanazi

Defendant

Renewa Makhalae

Defendant

The State

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether convictions and sentences imposed on child offenders were contrary to the Child Justice Act.
  2. 2 Whether notices issued in terms of section 56(1)(c) of the Criminal Procedure Act to child offenders are valid.
  3. 3 Whether the procedures followed by magistrates in dealing with child offenders complied with statutory requirements.

Ratio Decidendi

The court found that all child offenders were issued notices in terms of section 56(1)(c) of the Criminal Procedure Act, which is invalid for children under the Child Justice Act. The procedures followed by magistrates were flawed and not in accordance with the Child Justice Act, rendering all convictions and sentences imposed on child offenders void. The court held that the notices and subsequent proceedings were not in accordance with justice and must be set aside.

Court Disposition

All convictions and sentences imposed on child offenders in contravention of the Child Justice Act are reviewed and set aside.

Orders

  • All convictions and sentences emanating from Magistrates’ Courts in contravention of the Child Justice Act 75 of 1980 are reviewed and set aside.
  • The Registrar is ordered to circulate this judgment to all Magistrates’ Courts under the jurisdiction of this Court.