S v Pitso (R174/2016) [2016] ZAFSHC 144 (18 August 2016)

S v Pitso (R174/2016) [2016] ZAFSHC 144 (18 August 2016)

The court found that the accused was a minor at the time of the alleged offence and when the admission of guilt fine was paid. The Child Justice Act requires that minors be assisted by a guardian in such proceedings, which did not occur in this case. The magistrate was functus officio after confirming the fine and could not revisit the decision. The proceedings were not in accordance with justice, as the accused's age was clearly stated but ignored, resulting in an unassisted plea and payment. Therefore, the admission of guilt and the fine must be set aside and refunded.

Citation
[2016] ZAFSHC 144
Parties
Respondent: The State; Applicant: Eddie Motlogelwa Pitso
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 August 2016
Case Number
R174/2016
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Admission of guilt and fine set aside; fine to be refunded to the accused.
Judges
P. Fischer
Legal Topics
Admission of Guilt Fine, Child Justice Act, Functus Officio, Review Proceedings
Criminal Law Civil Procedure Admission of Guilt Fine Child Justice Act Functus Officio Review Proceedings

Case Brief

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Parties

The State

Respondent

Eddie Motlogelwa Pitso

Applicant

Procedural Posture

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

Legal Issues

  1. 1 Whether the confirmation of an admission of guilt fine paid by a minor without assistance was in accordance with justice.
  2. 2 Whether the magistrate was functus officio after confirming the admission of guilt fine.
  3. 3 Whether the proceedings should be set aside and the fine refunded.

Ratio Decidendi

The court found that the accused was a minor at the time of the alleged offence and when the admission of guilt fine was paid. The Child Justice Act requires that minors be assisted by a guardian in such proceedings, which did not occur in this case. The magistrate was functus officio after confirming the fine and could not revisit the decision. The proceedings were not in accordance with justice, as the accused's age was clearly stated but ignored, resulting in an unassisted plea and payment. Therefore, the admission of guilt and the fine must be set aside and refunded.

Court Disposition

Admission of guilt and fine set aside; fine to be refunded to the accused.

Orders

  • The admission of guilt relating to the contravention of section 12(a) of the National Road Traffic Act, number 93 of 1996 is set aside.
  • The sum of R500.00 paid in admission of guilt is to be refunded to Eddie Motlogelwa Pitso.