S v Nzilane (273/2017) [2017] ZAGPPHC 871 (16 October 2017)

S v Nzilane (273/2017) [2017] ZAGPPHC 871 (16 October 2017)

The court found that the accused was incorrectly convicted on both the main charge under the Domestic Violence Act and the alternative charge of assault. The law requires that a conviction should be entered on either the main charge or the alternative, but not both. The conviction on the alternative charge was therefore not in accordance with justice and had to be set aside. The review was necessary to correct the procedural error and ensure that justice was served.

Citation
[2017] ZAGPPHC 871
Parties
Applicant: The State; Respondent: Tshokolo Joseph Nzilane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 October 2017
Case Number
273/2017
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
The conviction on the alternative charge of assault is reviewed and set aside.
Judges
N Janse Van Nieuwenhuizen
Legal Topics
Domestic Violence Act, Criminal Procedure Act, Double Conviction, Review of Magistrates Decision
Criminal Law Domestic Violence Act Criminal Procedure Act Double Conviction Review of Magistrates Decision

Case Brief

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Parties

The State

Applicant

Tshokolo Joseph Nzilane

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the accused could lawfully be convicted on both the main charge under the Domestic Violence Act and the alternative charge of assault.
  2. 2 Whether the conviction on the alternative charge was in accordance with justice.

Ratio Decidendi

The court found that the accused was incorrectly convicted on both the main charge under the Domestic Violence Act and the alternative charge of assault. The law requires that a conviction should be entered on either the main charge or the alternative, but not both. The conviction on the alternative charge was therefore not in accordance with justice and had to be set aside. The review was necessary to correct the procedural error and ensure that justice was served.

Court Disposition

The conviction on the alternative charge of assault is reviewed and set aside.

Orders

  • The conviction in respect of the alternative charge of assault is reviewed and set aside.