S v Tono (R1/2020) [2020] ZAFSHC 13 (29 January 2020)

S v Tono (R1/2020) [2020] ZAFSHC 13 (29 January 2020)

The conviction was based on the Child Care Act 74 of 1983, which was repealed in its entirety on 1 April 2010 by the Children’s Act 39 of 2005. As a result, the accused could not lawfully be convicted under a non-existent statute. The only remedy is to set aside the conviction and remit the matter for trial de novo under the applicable law.

Citation
[2020] ZAFSHC 13
Parties
Applicant: THE STATE; Respondent: MONICA TONO
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 January 2020
Case Number
R1/2020
Procedural Posture
Special Review / Post Conviction, Pre Sentence
Outcome
Conviction set aside and matter remitted for trial de novo.
Judges
Opperman, Naidoo
Legal Topics
Repeal of Statute, Child Care Act, Children S Act, Special Review, Conviction Set Aside
Criminal Law Family and Children Repeal of Statute Child Care Act Children S Act Special Review Conviction Set Aside

Case Brief

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Parties

THE STATE

Applicant

MONICA TONO

Respondent

Procedural Posture

Special Review / Post Conviction, Pre Sentence

Legal Issues

  1. 1 Was the conviction under a repealed statute valid.
  2. 2 Should the conviction be set aside and the matter remitted for trial de novo.

Ratio Decidendi

The conviction was based on the Child Care Act 74 of 1983, which was repealed in its entirety on 1 April 2010 by the Children’s Act 39 of 2005. As a result, the accused could not lawfully be convicted under a non-existent statute. The only remedy is to set aside the conviction and remit the matter for trial de novo under the applicable law.

Court Disposition

Conviction set aside and matter remitted for trial de novo.

Orders

  • The conviction is set aside.
  • The matter is remitted for trial de novo.