S v Samuels (15726/2015, SH3/65/15, 8/15) [2015] ZAWCHC 144 (9 October 2015)

S v Samuels (15726/2015, SH3/65/15, 8/15) [2015] ZAWCHC 144 (9 October 2015)

The High Court held that there is no statutory or binding judicial requirement for magistrates to refer orders made under section 78(6) of the Criminal Procedure Act for automatic review. The practice suggested in S v Ramokoka and S v Maluka is not binding and is contrary to the established authority in this Division, particularly S v Blaauw. The accused was legally represented, and there was no indication of irregularity or concern in the proceedings. Therefore, the referral for special review was unnecessary, and magistrates should only refer such matters for review if there is a specific reason to do so.

Citation
[2015] ZAWCHC 144
Parties
Applicant: The State; Respondent: Cathleen Samuels
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
9 October 2015
Case Number
15726/2015
Procedural Posture
Criminal Review / Review Judgment
Outcome
The High Court found that the referral for special review was unnecessary and confirmed that there is no obligation for automatic review of orders under section 78(6) of the Criminal Procedure Act.
Judges
A.G. Binns-Ward, L.J. Bozalek
Legal Topics
Criminal Procedure Act Section 78, Automatic Review, Mental Health Care Act Section 47
Criminal Law Criminal Procedure Act Section 78 Automatic Review Mental Health Care Act Section 47

Case Brief

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Parties

The State

Applicant

Cathleen Samuels

Respondent

Procedural Posture

Criminal Review / Review Judgment

Legal Issues

  1. 1 Whether an order in terms of section 78(6) of the Criminal Procedure Act must be automatically referred for review by the High Court.
  2. 2 Whether the magistrate was correct in sending the matter for special review despite the accused being legally represented.
  3. 3 Whether there is a binding obligation on magistrates to refer such orders for review as a matter of course.

Ratio Decidendi

The High Court held that there is no statutory or binding judicial requirement for magistrates to refer orders made under section 78(6) of the Criminal Procedure Act for automatic review. The practice suggested in S v Ramokoka and S v Maluka is not binding and is contrary to the established authority in this Division, particularly S v Blaauw. The accused was legally represented, and there was no indication of irregularity or concern in the proceedings. Therefore, the referral for special review was unnecessary, and magistrates should only refer such matters for review if there is a specific reason to do so.

Court Disposition

The High Court found that the referral for special review was unnecessary and confirmed that there is no obligation for automatic review of orders under section 78(6) of the Criminal Procedure Act.

Orders

  • There is no obligation on magistrates to submit orders under section 78(6) of the Criminal Procedure Act for review as a matter of course.
  • If a magistrate has reason to believe there may be a problem in a particular case, he or she may submit the matter for review.