S v Nhlapo; S v Van Heerden; S v Mofokeng (A212/2017) [2017] ZAGPPHC 204 (28 April 2017)

S v Nhlapo; S v Van Heerden; S v Mofokeng (A212/2017) [2017] ZAGPPHC 204 (28 April 2017)

The court held that the magistrate erred by conducting summary enquiries under section 170(2) of the Criminal Procedure Act for accused who were released on bail and failed to appear. The correct statutory provision is section 67A, which criminalises such conduct but does not permit summary enquiry. Section 170(2) is only applicable to accused not on bail. As a result, the convictions and sentences imposed in all three matters were not in accordance with justice and must be set aside.

Citation
[2017] ZAGPPHC 204
Parties
Applicant: The State; Respondent: Lerato Nhlapo; Respondent: Ockert Johannes van Heerden; Respondent: Papi Jacob Mofokeng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 April 2017
Case Number
A212/2017
Procedural Posture
Criminal Review / Special Review
Outcome
Convictions and sentences in all three matters are set aside.
Judges
S Potterill, S S Mphahlele
Legal Topics
Failure to Appear, Summary Enquiry, Bail Conditions, Criminal Procedure Act, Incorrect Application of Statute
Criminal Law Civil Procedure Failure to Appear Summary Enquiry Bail Conditions Criminal Procedure Act Incorrect Application of Statute

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The State

Applicant

Lerato Nhlapo

Respondent

Ockert Johannes van Heerden

Respondent

Papi Jacob Mofokeng

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether the magistrate correctly applied section 170(2) of the Criminal Procedure Act to accused released on bail who failed to appear.
  2. 2 Whether section 67A of the Criminal Procedure Act should have been applied instead of section 170(2).
  3. 3 Whether the convictions and sentences imposed were in accordance with justice.

Ratio Decidendi

The court held that the magistrate erred by conducting summary enquiries under section 170(2) of the Criminal Procedure Act for accused who were released on bail and failed to appear. The correct statutory provision is section 67A, which criminalises such conduct but does not permit summary enquiry. Section 170(2) is only applicable to accused not on bail. As a result, the convictions and sentences imposed in all three matters were not in accordance with justice and must be set aside.

Court Disposition

Convictions and sentences in all three matters are set aside.

Orders

  • The convictions and sentences in State v Lerato Nhlapo, State v Ockert Johannes van Heerden, and State v Papi Jacob Mofokeng are set aside.