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South Africa Judgment

Free State High Court, Bloemfontein

S v Ramahetlane and Others (7/2019 – 24/2019) [2019] ZAFSHC 19 (7 February 2019)

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Source document

01

Holding and result

The High Court found that neither the questioning by the magistrate in the first 17 matters nor the admissions made by the accused in the last matter met the requirements established by the full bench in The State v Enoc Phuzi. The court emphasized that the principle of stare decisis applies, and as such, all convictions and sentences must be set aside for failing to comply with the prescribed standards for conviction and sentencing in automatic and special review proceedings under section 59(4) of the National Road Traffic Act.

Court disposition

All convictions and sentences in the 18 matters are set aside.

Orders

  • The conviction and sentence is set aside in respect of each of the following matters: R 24/2019 Thabiso Ramahetlane; R 23/2019 Thabo Makgato; R 22/2019 Isaac Tanki Mpharalala; R 21/2019 Mathaba James Linyoloho; R 20/2019 Monde Michael Mphatsoe; R 19/2019 Tayob Jooma; R 18/2019 Chen Xiaoqiang; R 17/2019 Yusuf Abdulla; R 16/2019 Alphonce Masilo Khoboko; R 15/2019 Travers Justin Johns; R 14/2019 Ansus Belunsan; R 13/2019 Sabelo Othen’yel Nmlengetfwa; R 12/2019 France Mokoena; R 11/2019 Siyabonga Michael Machi; R 10/2019 Tshiliso Maketekete; R 09/2019 Mohaila Jomane; R 08/2019 Khopolo Vincent Nthontho; R 07/2019 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 / High Court Automatic and Special Review

04

Questions and positions

Legal issues

Party arguments

Applicant
The State prosecuted all accused for exceeding the speed limit under section 59(4) of the National Road Traffic Act. The accused admitted unlawfulness, intention, the applicable speed limit, and the speeds alleged. In the last matter, the accused was represented and submitted a signed section 112(2) statement admitting calibration of the speed measuring device.
Respondent
The accused in the first 17 matters were unrepresented and questioned by the magistrate in a similar manner. In the last matter, the accused was represented and made admissions. However, neither the questioning nor the admissions complied with the requirements set out by the full bench in The State v Enoc Phuzi, specifically paragraph [39](b).

05

Court’s reasoning

  1. 01

    The State v Enoc Phuzi, case number R254/2018

    Convictions and sentences must comply with the requirements set out by the full bench in The State v Enoc Phuzi, especially regarding the adequacy of questioning and admissions.

  2. 02

    General principle of stare decisis

    The principle of stare decisis requires lower courts to follow the decisions of higher courts within the same jurisdiction.

06

Ratio, limits and disposition

Ratio decidendi

The High Court found that neither the questioning by the magistrate in the first 17 matters nor the admissions made by the accused in the last matter met the requirements established by the full bench in The State v Enoc Phuzi. The court emphasized that the principle of stare decisis applies, and as such, all convictions and sentences must be set aside for failing to comply with the prescribed standards for conviction and sentencing in automatic and special review proceedings under section 59(4) of the National Road Traffic Act.

Obiter and limits

  • The court noted that admissions regarding the calibration of speed measuring devices are no longer sufficient for conviction.
  • The pattern of questioning by the magistrate in unrepresented matters was inadequate and did not meet the required legal standard.

Court disposition

All convictions and sentences in the 18 matters are set aside.

  • The conviction and sentence is set aside in respect of each of the following matters: R 24/2019 Thabiso Ramahetlane; R 23/2019 Thabo Makgato; R 22/2019 Isaac Tanki Mpharalala; R 21/2019 Mathaba James Linyoloho; R 20/2019 Monde Michael Mphatsoe; R 19/2019 Tayob Jooma; R 18/2019 Chen Xiaoqiang; R 17/2019 Yusuf Abdulla; R 16/2019 Alphonce Masilo Khoboko; R 15/2019 Travers Justin Johns; R 14/2019 Ansus Belunsan; R 13/2019 Sabelo Othen’yel Nmlengetfwa; R 12/2019 France Mokoena; R 11/2019 Siyabonga Michael Machi; R 10/2019 Tshiliso Maketekete; R 09/2019 Mohaila Jomane; R 08/2019 Khopolo Vincent Nthontho; R 07/2019 Marthims Rudolf Rautenbach.

Source and reliance status

Free State High Court, Bloemfontein

This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.

Judgment reading view

Judgment text

The complete available source text.

Source document

Free State High Court, Bloemfontein

Judgment

[2019] ZAFSHC 19

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

Legislation referenced in the available case record.

Criminal Procedure Act, 51 of 1977

Legislation

Legislation referenced in the available case record.

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