S v Tsholo (161/2014) [2014] ZAFSHC 134 (4 September 2014)

S v Tsholo (161/2014) [2014] ZAFSHC 134 (4 September 2014)

The magistrate committed an irregularity by convicting and sentencing the accused for failure to appear in court after the bail had been finally cancelled and forfeited. Section 67 of the Criminal Procedure Act does not authorize such a procedure. The law requires that a formal charge be drawn up and a proper trial be held before a conviction and sentence for failure to appear can be imposed. The summary enquiry conducted by the magistrate was not in accordance with the statutory requirements, rendering the conviction and sentence invalid.

Citation
[2014] ZAFSHC 134
Parties
Applicant: The State; Respondent: Andries Tsholo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
4 September 2014
Case Number
161/2014
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction and sentence for failure to appear in court set aside.
Judges
L le R POHL, A F JORDAAN
Legal Topics
Failure to Appear, Bail Forfeiture, Summary Enquiry, Criminal Procedure Act, Conviction Irregularity
Criminal Law Civil Procedure Failure to Appear Bail Forfeiture Summary Enquiry Criminal Procedure Act Conviction Irregularity

Case Brief

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Parties

The State

Applicant

Andries Tsholo

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the magistrate was entitled to convict and sentence the accused for failure to appear after bail was finally cancelled and forfeited.
  2. 2 Whether the procedure adopted by the magistrate complied with the Criminal Procedure Act.

Ratio Decidendi

The magistrate committed an irregularity by convicting and sentencing the accused for failure to appear in court after the bail had been finally cancelled and forfeited. Section 67 of the Criminal Procedure Act does not authorize such a procedure. The law requires that a formal charge be drawn up and a proper trial be held before a conviction and sentence for failure to appear can be imposed. The summary enquiry conducted by the magistrate was not in accordance with the statutory requirements, rendering the conviction and sentence invalid.

Court Disposition

Conviction and sentence for failure to appear in court set aside.

Orders

  • The conviction and sentence for failure to appear in court are set aside.
  • The Clerk of the Court is directed to pay back to the accused any fine that may have been paid forthwith.