S v Selowe (A62/06) [2006] ZAGPHC 9 (30 January 2006)

S v Selowe (A62/06) [2006] ZAGPHC 9 (30 January 2006)

The court held that the acceptance of an admission of guilt after the accused had pleaded guilty and been convicted was not authorized by the Criminal Procedure Act. The statute clearly provides that such admissions must be accepted prior to a plea in court. The prosecution was improperly terminated after the unauthorized acceptance of the admission of guilt. To correct the error, the court ordered that the admission of guilt and its acceptance be set aside, the amount paid refunded to the accused, and the accused be notified to appear in court again for proper sentencing. The court recommended that the accused be granted an appropriate discount on any fine imposed due to the...

Citation
[2006] ZAGPHC 9
Parties
Applicant: The State; Respondent: Solly Selowe
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
30 January 2006
Case Number
A62/06
Procedural Posture
Review Application / Review Judgment
Outcome
Admission of guilt and its acceptance set aside; amount paid to be refunded; accused to be notified to appear for sentencing.
Judges
E Bertelsmann, R D Claassen
Legal Topics
Admission of Guilt, Criminal Procedure Act, Traffic Offences
Criminal Law Admission of Guilt Criminal Procedure Act Traffic Offences

Case Brief

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Parties

The State

Applicant

Solly Selowe

Respondent

Procedural Posture

Review Application / Review Judgment

Legal Issues

  1. 1 Whether an admission of guilt can be accepted after a plea and conviction in court.
  2. 2 Whether the procedure followed in accepting the admission of guilt post-conviction was authorized by the Criminal Procedure Act.
  3. 3 What corrective measures should be taken when an unauthorized admission of guilt is accepted.

Ratio Decidendi

The court held that the acceptance of an admission of guilt after the accused had pleaded guilty and been convicted was not authorized by the Criminal Procedure Act. The statute clearly provides that such admissions must be accepted prior to a plea in court. The prosecution was improperly terminated after the unauthorized acceptance of the admission of guilt. To correct the error, the court ordered that the admission of guilt and its acceptance be set aside, the amount paid refunded to the accused, and the accused be notified to appear in court again for proper sentencing. The court recommended that the accused be granted an appropriate discount on any fine imposed due to the...

Court Disposition

Admission of guilt and its acceptance set aside; amount paid to be refunded; accused to be notified to appear for sentencing.

Orders

  • The admission of guilt and its acceptance are set aside.
  • The sum of R1,500.00 paid by the accused is to be refunded.