S v Thakanyane (R29/2019, 882/18) [2019] ZAFSHC 99 (28 June 2019)

S v Thakanyane (R29/2019, 882/18) [2019] ZAFSHC 99 (28 June 2019)

The magistrate failed to ensure that the accused admitted the competence of the traffic officer who operated the speed recording device, as required by the guidelines in S v Phuzi. Furthermore, the accused did not admit that his conduct was unlawful or punishable by law. The questioning focused on irrelevant matters and did not cover all essential elements of the offence. As a result, the conviction and sentence cannot be sustained and must be set aside.

Citation
[2019] ZAFSHC 99
Parties
Applicant: The State; Respondent: Gomolemo Thakanyane
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 June 2019
Case Number
R29/2019, 882/18
Procedural Posture
Criminal Review / Automatic Review Under Section 302 of the Criminal Procedure Act
Outcome
Conviction and sentence set aside.
Judges
S Naidoo, P Molitsoane
Legal Topics
Speeding Offence, Admission of Elements, Competence of Operator, Section 112 Procedure
Criminal Law Speeding Offence Admission of Elements Competence of Operator Section 112 Procedure

Case Brief

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Parties

The State

Applicant

Gomolemo Thakanyane

Respondent

Procedural Posture

Criminal Review / Automatic Review Under Section 302 of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the accused admitted all elements of the offence, including the competence of the traffic officer operating the speed recording device.
  2. 2 Whether the conviction and sentence can be sustained in light of the failure to admit the competence of the traffic officer.
  3. 3 Whether the magistrate followed the guidelines set out in S v Phuzi regarding admissions under section 112(1)(b) of the CPA.

Ratio Decidendi

The magistrate failed to ensure that the accused admitted the competence of the traffic officer who operated the speed recording device, as required by the guidelines in S v Phuzi. Furthermore, the accused did not admit that his conduct was unlawful or punishable by law. The questioning focused on irrelevant matters and did not cover all essential elements of the offence. As a result, the conviction and sentence cannot be sustained and must be set aside.

Court Disposition

Conviction and sentence set aside.

Orders

  • The conviction and sentence in this matter are set aside.