S v Tshabalala (278/2011) [2011] ZAFSHC 150 (1 September 2011)

S v Tshabalala (278/2011) [2011] ZAFSHC 150 (1 September 2011)

The accused admitted only to possession of the goods and provided a reasonable account of how he acquired them. He did not admit, nor did the State prove, that there was a reasonable suspicion the goods were stolen or that he was unable to give a satisfactory account of his possession. The absence of these essential elements means the conviction under section 36 of the General Law Amendment Act 62 of 1955 was not justified. The trial magistrate erred by convicting the accused on the basis of an incomplete admission and should have entered a plea of not guilty. The matter must be remitted for a fresh hearing before a different magistrate.

Citation
[2011] ZAFSHC 150
Parties
Applicant: The State; Respondent: Sifiso Alfred Tshabalala
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 September 2011
Case Number
278/2011
Procedural Posture
Criminal Review / Special Review
Outcome
Conviction set aside; case remitted for fresh hearing before a different magistrate.
Judges
E.M. Kubushi, M.B. Molemela
Legal Topics
Possession of Stolen Property, Elements of Offence, Reasonable Suspicion, Satisfactory Account, Section 36 General Law Amendment Act
Criminal Law Possession of Stolen Property Elements of Offence Reasonable Suspicion Satisfactory Account Section 36 General Law Amendment Act

Case Brief

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Parties

The State

Applicant

Sifiso Alfred Tshabalala

Respondent

Procedural Posture

Criminal Review / Special Review

Legal Issues

  1. 1 Whether all elements of the offence under section 36 of the General Law Amendment Act 62 of 1955 were admitted or proved.
  2. 2 Whether the accused provided a satisfactory account of his possession of the goods.
  3. 3 Whether there was a reasonable suspicion that the goods were stolen.

Ratio Decidendi

The accused admitted only to possession of the goods and provided a reasonable account of how he acquired them. He did not admit, nor did the State prove, that there was a reasonable suspicion the goods were stolen or that he was unable to give a satisfactory account of his possession. The absence of these essential elements means the conviction under section 36 of the General Law Amendment Act 62 of 1955 was not justified. The trial magistrate erred by convicting the accused on the basis of an incomplete admission and should have entered a plea of not guilty. The matter must be remitted for a fresh hearing before a different magistrate.

Court Disposition

Conviction set aside; case remitted for fresh hearing before a different magistrate.

Orders

  • The conviction is set aside.
  • The case is remitted to the trial court to be heard afresh before a different magistrate.