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South Africa Judgment

Free State High Court, Bloemfontein

S v Ramahetlane and Others (R7/2019 - R24/2019) [2019] ZAFSHC 1 (7 February 2019)

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Professional case brief

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Source document

01

Holding and result

The court found that the questioning by the magistrate in the first 17 cases and the admissions made by Mr Rautenbach in the last case did not comply with the procedural requirements established by the full bench in The State v Enoc Phuzi. The principle of stare decisis mandates that these requirements be followed. As a result, all convictions and sentences in the reviewed matters were unlawful and must be set aside.

Court disposition

All convictions and sentences in the reviewed matters are set aside.

Orders

  • The conviction and sentence is set aside in respect of each of the following matters: R24/2019 Thabiso Ramahetlane; R23/2019 Thabo Makgato; R22/2019 Isaac Tanki Mpharalala; R21/2019 Mathaba James Linyoloho; R20/2019 Monde Michael Mphatsoe; R19/2019 Tayob Jooma; R18/2019 Chen Xiaoqiang; R17/2019 Yusuf Abdulla; R16/2019 Alphonce Masilo Khoboko; R15/2019 Travers Justin Johns; R14/2019 Ansus Belunsan; R13/2019 Sabelo Othen’yel Nmlengetfwa; R12/2019 France Mokoena; R11/2019 Siyabonga Michael Machi; R10/2019 Tshiliso Maketekete; R09/2019 Mohaila Jomane; R08/2019 Khopolo Vincent Nthontho; R07/2019 Marthims Rudolf Rautenbach.

02

Material facts

Parties

The State

Applicant

Thabiso Ramahetlane

Respondent

Thabo Makgato

Respondent

Isaac Tanki Mpharalala

Respondent

Mathaba James Linyoloho

Respondent

Monde Michael Mphatsoe

Respondent

Tayob Jooma

Respondent

Chen Xiaoqiang

Respondent

Yusuf Abdulla

Respondent

Alphonce Masilo Khoboko

Respondent

Travers Justin Johns

Respondent

Ansus Belunsan

Respondent

Sabelo Othen’yel Nmlengetfwa

Respondent

France Mokoena

Respondent

Siyabonga Michael Machi

Respondent

Tshiliso Maketekete

Respondent

Mohaila Jomane

Respondent

Khopolo Vincent Nthontho

Respondent

Marthims Rudolf Rautenbach

Respondent

03

Procedural history

  1. Posture

    Review Application / Automatic and Special Review

04

Questions and positions

Legal issues

Party arguments

Applicant
The State prosecuted the accused for exceeding the speed limit on the R26 public road, relying on admissions and statements made by the accused, including acknowledgment of the speed limit and the speed at which they were travelling. In the case of Mr Rautenbach, a signed section 112(2) statement was submitted, and the calibration of the speed measuring apparatus was admitted.
Respondent
The accused admitted to the unlawful and intentional nature of their actions, acknowledged the speed limit, and confirmed the speeds alleged in the charge sheets. However, the admissions and questioning did not comply with the requirements set out by the full bench in The State v Enoc Phuzi, as neither the questioning nor the admissions were sufficient to sustain a conviction under the applicable standards.

05

Court’s reasoning

  1. 01

    The State v Enoc Phuzi, case number R254/2018

    Convictions and sentences must comply with the procedural requirements established by higher courts, particularly regarding the adequacy of questioning and admissions by accused persons.

  2. 02

    Stare decisis doctrine

    The principle of stare decisis requires lower courts to follow the decisions of higher courts in similar matters.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the questioning by the magistrate in the first 17 cases and the admissions made by Mr Rautenbach in the last case did not comply with the procedural requirements established by the full bench in The State v Enoc Phuzi. The principle of stare decisis mandates that these requirements be followed. As a result, all convictions and sentences in the reviewed matters were unlawful and must be set aside.

Obiter and limits

  • The mere admission of the calibration of the speed measuring apparatus is no longer sufficient to sustain a conviction.
  • Uniform compliance with procedural standards is essential to ensure the fairness and legality of criminal proceedings.

Court disposition

All convictions and sentences in the reviewed matters are set aside.

  • The conviction and sentence is set aside in respect of each of the following matters: R24/2019 Thabiso Ramahetlane; R23/2019 Thabo Makgato; R22/2019 Isaac Tanki Mpharalala; R21/2019 Mathaba James Linyoloho; R20/2019 Monde Michael Mphatsoe; R19/2019 Tayob Jooma; R18/2019 Chen Xiaoqiang; R17/2019 Yusuf Abdulla; R16/2019 Alphonce Masilo Khoboko; R15/2019 Travers Justin Johns; R14/2019 Ansus Belunsan; R13/2019 Sabelo Othen’yel Nmlengetfwa; R12/2019 France Mokoena; R11/2019 Siyabonga Michael Machi; R10/2019 Tshiliso Maketekete; R09/2019 Mohaila Jomane; R08/2019 Khopolo Vincent Nthontho; R07/2019 Marthims Rudolf Rautenbach.

Source and reliance status

Free State High Court, Bloemfontein

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Judgment reading view

Judgment text

The complete available source text.

Source document

Free State High Court, Bloemfontein

Judgment

[2019] ZAFSHC 1

IN THE HIGH COURT OF SOUTH AFRICA,

FREE STATE DIVISION, BLOEMFONTEIN

Review numbers 7/2019 – 24/2019

In the matter between:

THE

STATE

and

THABISO RAMAHETLANE - CASE NO: R 24/2019

THABO MAKGATO - CASE NO: R 23/2019

ISAAC TANKI MPHARALALA - CASE NO: R 22/2019

MATHABA JAMES LINYOLOHO - CASE NO: R 21/2019

MONDE MICHAEL MPHATSOE - CASE NO: R 20/2019

TAYOB JOOMA - CASE NO: R 19/2019

CHEN XIAOQIANG - CASE NO: R 18/2019

YUSUF ABDULLA - CASE NO: R 17/2019

ALPHONCE MASILO KHOBOKO - CASE NO: R 16/2019

TRAVERS JUSTIN JOHNS - CASE NO: R 15/2019

ANSUS BELUNSAN - CASE NO: R 14/2019

SABELO OTHEN’YEL NMLENGETFWA - CASE NO: R 13/2019

FRANCE MOKOENA - CASE NO: R 12/2019

SIYABONGA MICHAEL MACHI - CASE NO: R 11/2019

TSHILISO MAKETEKETE - CASE NO: R 10/2019

MOHAILA JOMANE - CASE NO: R 09/2019

KHOPOLO VINCENT NTHONTHO- CASE NO: R 08/2019

MARTHIMS RUDOLF RAUTENBACH- CASE NO: R 07/2019

CORAM: MUSI, JP et DAFFUE, J

JUDGMENT BY: DAFFUE, J

DELIVERED ON: 7 FEBRUARY 2019

REVIEW

[1] The proceedings in all 18 matters have been sent to the High Court on review. The first 17 matters are automatic reviews as the accused were unrepresented, whilst the last matter, that of the accused, Mr Rautenbach, is a special review insofar as he was represented by an attorney.

[2] In all instances the accused were charged with contravention of section 59(4) of the National Road Traffic Act, 93 of 1996, to wit that they exceeded the speed limit of 100 km/h on the R26 public road near Clocolan by travelling at speeds ranging from 148 to 165 km/h respectively. They all admitted that:

2.1 their actions were unlawful and intentional;

2.2 the speed limit of 100 km/h on the R26 public road is 100 kph;

2.3 they had travelled at the speed accused of in the respective charge sheets.

[3] The same magistrate, who has been appointed to the substantive rank of magistrate on 4 January 2013, was the presiding officer in all matters. It is apparent that her questioning in the first 17 cases virtually followed the same pattern in each case.

[4] In the last matter the accused, Mr Rautenbach, was represented by an attorney who handed in the accused’s signed s 112(2) statement upon which he was convicted. The accused went so far to admit that the Truvelo apparatus was duly calibrated, but that is not sufficient anymore.

[5] On 28 December 2018 the full bench of this Division handed down judgment in The State v Enoc Phuzi, case number R254/2018. Neither the questioning by the presiding magistrate in the first 17 matters, nor the admissions by Mr Rautenbach comply with the requirements laid down by the full bench as set out in paragraph [39](b) of the judgment.

[6] The stare decisis principle applies and consequently all convictions and sentences should be set aside.

[7] The conviction and sentence is set aside in respect of each of the following matters:

CASE NO: R 24/2019

THABISO RAMAHETLANE

CASE NO: R 23/2019 THABO

MAKGATO

CASE NO: R 22/2019 ISAAC

TANKI MPHARALALA

CASE NO: R 21/2019

MATHABA JAMES LINYOLOHO

CASE NO: R 20/2019 MONDE

MICHAEL MPHATSOE

CASE NO: R 19/2019TAYOB

JOOMA

CASE NO: R 18/2019 CHEN

XIAOQIANG

CASE NO: R 17/2019 YUSUF

ABDULLA

CASE NO: R 16/2019

ALPHONCE MASILO KHOBOKO

CASE NO: R 15/2019

TRAVERS JUSTIN JOHNS

CASE NO: R 14/2019 ANSUS

BELUNSAN

CASE NO: R 13/2019 SABELO OTHEN’YEL NMLENGETFWA

CASE NO: R 12/2019 FRANCE

MOKOENA

CASE NO: R 11/2019

SIYABONGA MICHAEL MACHI

CASE NO: R 10/2019

TSHILISO MAKETEKETE

CASE NO: R 09/2019

MOHAILA JOMANE

CASE NO: R 08/2019

KHOPOLO VINCENT NTHONTHO

CASE NO: R 07/2019

MARTHIMS RUDOLF RAUTENBACH

____

J P DAFFUE, J

I concur

____

C J MUSI, JP

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

The State v Enoc Phuzi, case number R254/2018

Case cited

National Road Traffic Act, 93 of 1996

Legislation

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