S v Rotwane (CAF 5/2011) [2011] ZANWHC 57 (19 August 2011)

S v Rotwane (CAF 5/2011) [2011] ZANWHC 57 (19 August 2011)

The Full Bench held that the Review Court acted beyond its powers by referring the accused to the Regional Court for sentencing. Section 114 of the Criminal Procedure Act empowers only the Magistrate's Court to commit an accused for sentencing to the Regional Court, not the Review Court. The Review Court's order usurped the powers of the Magistrate's Court and is therefore a nullity. The matter must be placed before another Judge to exercise the powers of review in terms of Section 304(2) of the Act.

Citation
[2011] ZANWHC 57
Parties
Appellant: Sam Moleleloa Rotwane; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 August 2011
Case Number
CAF 5/2011
Procedural Posture
Criminal Appeal / Full Bench Appeal
Outcome
The appeal succeeded. The Review Court's judgment and order were declared a nullity, and the matter was referred for proper review.
Judges
Gura, Hendricks, Landman
Legal Topics
Automatic Review, Sentencing Jurisdiction, Powers of Review Court, Stock Theft
Criminal Law Civil Procedure Automatic Review Sentencing Jurisdiction Powers of Review Court Stock Theft

Case Brief

Summary, issues, holding and outcome

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Parties

Sam Moleleloa Rotwane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Full Bench Appeal

Legal Issues

  1. 1 Does a Review Court have the power to refer a case to the Regional Court for sentencing if the Magistrate was not of the opinion that a sentence in excess of its jurisdiction was warranted?
  2. 2 Did the Review Court act beyond its powers by referring the accused for sentencing to the Regional Court?

Ratio Decidendi

The Full Bench held that the Review Court acted beyond its powers by referring the accused to the Regional Court for sentencing. Section 114 of the Criminal Procedure Act empowers only the Magistrate's Court to commit an accused for sentencing to the Regional Court, not the Review Court. The Review Court's order usurped the powers of the Magistrate's Court and is therefore a nullity. The matter must be placed before another Judge to exercise the powers of review in terms of Section 304(2) of the Act.

Court Disposition

The appeal succeeded. The Review Court's judgment and order were declared a nullity, and the matter was referred for proper review.

Orders

  • The judgment and order of the Review Court dated 15 June 2010 and 15 July 2010 are declared a nullity.
  • The Registrar must place the review case before the Judge President who will allocate a Judge to review it in terms of Section 304 of the Criminal Procedure Act.