S v Thulo and Another (R87/2016) [2016] ZAFSHC 120 (5 May 2016)

S v Thulo and Another (R87/2016) [2016] ZAFSHC 120 (5 May 2016)

The court found that neither case A212/15 nor A272/15 was finally disposed of, as the record did not reflect a verdict or proper withdrawal in accordance with the Criminal Procedure Act. The withdrawal of charges and the plea of not guilty were not properly recorded or finalized, leaving the cases unresolved. The only remedy was to set aside the withdrawal order and the plea to allow the proceedings to continue and be properly disposed of as the Director of Public Prosecutions deems fit.

Citation
[2016] ZAFSHC 120
Parties
Applicant: The State; Respondent: Samantha Thulo; Respondent: Kedibone Margeret Ntaita
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 May 2016
Case Number
R87/2016
Procedural Posture
Criminal Review / Special Review Under S304(4) of the Criminal Procedure Act
Outcome
The withdrawal order against both accused persons and the plea of not guilty under case A212/15 are set aside. Proceedings under case A212/15 may continue as directed by the Director of Public Prosecutions.
Judges
Mocumie, Moloi
Legal Topics
Withdrawal of Charges, Plea and Verdict, Criminal Procedure Act, Mediation in Criminal Matters
Criminal Law Civil Procedure Withdrawal of Charges Plea and Verdict Criminal Procedure Act Mediation in Criminal Matters

Case Brief

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Parties

The State

Applicant

Samantha Thulo

Respondent

Kedibone Margeret Ntaita

Respondent

Procedural Posture

Criminal Review / Special Review Under S304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the withdrawal of charges against both accused persons on 6 November 2015 was valid and final.
  2. 2 Whether the plea of not guilty under case A272/15 was properly disposed of.
  3. 3 Whether the proceedings in both cases were finally concluded in accordance with the Criminal Procedure Act.

Ratio Decidendi

The court found that neither case A212/15 nor A272/15 was finally disposed of, as the record did not reflect a verdict or proper withdrawal in accordance with the Criminal Procedure Act. The withdrawal of charges and the plea of not guilty were not properly recorded or finalized, leaving the cases unresolved. The only remedy was to set aside the withdrawal order and the plea to allow the proceedings to continue and be properly disposed of as the Director of Public Prosecutions deems fit.

Court Disposition

The withdrawal order against both accused persons and the plea of not guilty under case A212/15 are set aside. Proceedings under case A212/15 may continue as directed by the Director of Public Prosecutions.

Orders

  • The order of withdrawal against both accused persons granted on 6 November 2015 is set aside.
  • The plea of not guilty under case no A212/15 is set aside to allow proceedings to continue and be dealt with as the Director of Public Prosecutions deems fit.