S v Soro (128/2011) [2011] ZAFSHC 107 (21 April 2011)

S v Soro (128/2011) [2011] ZAFSHC 107 (21 April 2011)

The court held that section 72(4) of the Criminal Procedure Act is not applicable to an accused who has been released on bail. Instead, section 67A provides for the criminal liability of such a person who fails to appear without good cause, and this liability cannot be determined by summary enquiry. Therefore, the summary enquiry and fine imposed under section 72(4) were invalid and must be set aside.

Citation
[2011] ZAFSHC 107
Parties
Applicant: The State; Respondent: Benjamin Soro
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
21 April 2011
Case Number
128/2011
Procedural Posture
Review Application / Review of Summary Criminal Proceedings
Outcome
Proceedings and fine imposed under section 72(4) of the Criminal Procedure Act are set aside.
Judges
Van der Merwe, C.J. Musi
Legal Topics
Failure to Appear, Bail Forfeiture, Summary Enquiry, Criminal Procedure Act, Section 72, Section 67a
Criminal Law Failure to Appear Bail Forfeiture Summary Enquiry Criminal Procedure Act Section 72 Section 67a

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The State

Applicant

Benjamin Soro

Respondent

Procedural Posture

Review Application / Review of Summary Criminal Proceedings

Legal Issues

  1. 1 Is section 72(4) of the Criminal Procedure Act applicable to an accused released on bail who fails to appear in court?
  2. 2 Should the summary enquiry and fine imposed under section 72(4) be set aside when the accused was on bail?

Ratio Decidendi

The court held that section 72(4) of the Criminal Procedure Act is not applicable to an accused who has been released on bail. Instead, section 67A provides for the criminal liability of such a person who fails to appear without good cause, and this liability cannot be determined by summary enquiry. Therefore, the summary enquiry and fine imposed under section 72(4) were invalid and must be set aside.

Court Disposition

Proceedings and fine imposed under section 72(4) of the Criminal Procedure Act are set aside.

Orders

  • The proceedings and fine imposed in terms of section 72(4) of the Criminal Procedure Act are set aside.