S v Sompane - Review (B403/2022; R36/2023) [2023] ZAFSHC 324 (15 August 2023)

S v Sompane - Review (B403/2022; R36/2023) [2023] ZAFSHC 324 (15 August 2023)

The district magistrate erred by conducting an inquiry under section 170(2) of the Criminal Procedure Act after the accused's bail had been finally forfeited. Section 170(1) and (2) only apply to accused persons who are not in custody and not released on bail. Once bail is finally forfeited, the accused is in custody without bail and must be dealt with under section 50 and section 60 of the Act, which require informing the accused of the reasons for further detention and allowing an application for release. The procedural irregularity rendered the proceedings not in accordance with justice, necessitating the setting aside of the conviction and sentence.

Citation
[2023] ZAFSHC 324
Parties
Applicant: State; Respondent: Tumelo Oriel Sompane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 August 2023
Case Number
B403/2022; R36/2023
Procedural Posture
Review Application / High Court Review of Magistrate's Proceedings
Outcome
Conviction and sentence set aside due to procedural irregularity.
Judges
Molitsoane, Thamae
Legal Topics
Criminal Procedure Act Section 304, Failure to Appear, Bail Forfeiture, Procedural Irregularity
Criminal Law Civil Procedure Criminal Procedure Act Section 304 Failure to Appear Bail Forfeiture Procedural Irregularity

Case Brief

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Parties

State

Applicant

Tumelo Oriel Sompane

Respondent

Procedural Posture

Review Application / High Court Review of Magistrate's Proceedings

Legal Issues

  1. 1 Whether the magistrate was correct to conduct an inquiry under section 170(2) of the Criminal Procedure Act after bail had been finally forfeited.
  2. 2 Whether the proceedings in the district court were in accordance with justice.

Ratio Decidendi

The district magistrate erred by conducting an inquiry under section 170(2) of the Criminal Procedure Act after the accused's bail had been finally forfeited. Section 170(1) and (2) only apply to accused persons who are not in custody and not released on bail. Once bail is finally forfeited, the accused is in custody without bail and must be dealt with under section 50 and section 60 of the Act, which require informing the accused of the reasons for further detention and allowing an application for release. The procedural irregularity rendered the proceedings not in accordance with justice, necessitating the setting aside of the conviction and sentence.

Court Disposition

Conviction and sentence set aside due to procedural irregularity.

Orders

  • The conviction and the sentence are set aside.
  • A copy of this judgment must be forwarded to the Chief Magistrates Welkom and Bloemfontein.