S v Ntakatjane (271/2014) [2017] ZAFSHC 52 (30 March 2017)

S v Ntakatjane (271/2014) [2017] ZAFSHC 52 (30 March 2017)

The court found that, despite the inordinate delay in submitting the record for review and the magistrate's failure to adequately explain the accused's rights under section 303 of the Criminal Procedure Act, the proceedings appeared to be in accordance with justice. The delay was unacceptable and detracted from the purpose of the section and the intention of the legislature. The responsible officer at the Zastron Magistrate Court was directed to implement systems to prevent such delays in future, and copies of the judgment were to be sent to the Judge President and the Director-General of the Department of Justice and Constitutional Development for their consideration.

Citation
[2017] ZAFSHC 52
Parties
Respondent: THE STATE; Applicant: THABANG NTAKATJANE
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
30 March 2017
Case Number
271/2014
Procedural Posture
Review Application / Review Judgment
Outcome
The review is confirmed.
Judges
M M Motimele, L J Lekale
Legal Topics
Criminal Procedure Act Section 303, Review of Magistrates Court, Delay in Review Process
Criminal Law Civil Procedure Criminal Procedure Act Section 303 Review of Magistrates Court Delay in Review Process

Case Brief

Summary, issues, holding and outcome

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Parties

THE STATE

Respondent

THABANG NTAKATJANE

Applicant

Procedural Posture

Review Application / Review Judgment

Legal Issues

  1. 1 Whether the proceedings in the magistrate's court were in accordance with justice.
  2. 2 Whether the accused's rights under section 303 of the Criminal Procedure Act were adequately explained.
  3. 3 Whether the inordinate delay in submitting the record for review constitutes a failure of justice.

Ratio Decidendi

The court found that, despite the inordinate delay in submitting the record for review and the magistrate's failure to adequately explain the accused's rights under section 303 of the Criminal Procedure Act, the proceedings appeared to be in accordance with justice. The delay was unacceptable and detracted from the purpose of the section and the intention of the legislature. The responsible officer at the Zastron Magistrate Court was directed to implement systems to prevent such delays in future, and copies of the judgment were to be sent to the Judge President and the Director-General of the Department of Justice and Constitutional Development for their consideration.

Court Disposition

The review is confirmed.

Orders

  • The review is confirmed.
  • The registrar is directed to send copies of this judgment to the Director General & Constitutional Development and the Judge President of this Division.