S v Rayi (13/2019) [2020] ZANWHC 14 (2 January 2020)

S v Rayi (13/2019) [2020] ZANWHC 14 (2 January 2020)

The court held that the accused was convicted and sentenced under the Dangerous Weapons Act 71 of 1968, which had been repealed by Act 15 of 2013 prior to the commission of the alleged offence. The State should have charged the accused under the new Act. Convicting and sentencing a person under a repealed statute constitutes a procedural irregularity and is not in accordance with justice. The accused was prejudiced by not being informed of the correct legal position. Accordingly, the conviction and sentence must be set aside.

Citation
[2020] ZANWHC 14
Parties
Applicant: The State; Respondent: Samuel Sele Rayi
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
2 January 2020
Case Number
13/2019
Procedural Posture
Review Application / Special Review
Outcome
Conviction and sentence set aside.
Judges
DJAJE
Legal Topics
Dangerous Weapons Act Repeal, Conviction on Repealed Statute, Procedural Irregularity
Criminal Law Dangerous Weapons Act Repeal Conviction on Repealed Statute Procedural Irregularity

Case Brief

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Parties

The State

Applicant

Samuel Sele Rayi

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the conviction and sentence based on the repealed Dangerous Weapons Act 71 of 1968 are valid.
  2. 2 Whether proceedings conducted under a repealed statute are in accordance with justice.

Ratio Decidendi

The court held that the accused was convicted and sentenced under the Dangerous Weapons Act 71 of 1968, which had been repealed by Act 15 of 2013 prior to the commission of the alleged offence. The State should have charged the accused under the new Act. Convicting and sentencing a person under a repealed statute constitutes a procedural irregularity and is not in accordance with justice. The accused was prejudiced by not being informed of the correct legal position. Accordingly, the conviction and sentence must be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence is set aside.