S v Tsotetsi; S v Thinyane; S v Tladi (R272/2018; R352/2018; R353/2018) [2018] ZAFSHC 212 (28 December 2018)

S v Tsotetsi; S v Thinyane; S v Tladi (R272/2018; R352/2018; R353/2018) [2018] ZAFSHC 212 (28 December 2018)

The magistrate failed to comply with the requirements of section 112(1)(b) of the Criminal Procedure Act by asking leading questions and not ensuring that the accused admitted all elements of the offence, including unlawfulness and intention. In particular, the accused in two matters were not asked why they admitted exceeding the speed limit or the circumstances of their arrest, and in one matter, the accused expressly stated he was unaware of exceeding the speed limit. The convictions and sentences cannot stand as the procedural irregularities undermine the validity of the guilty pleas and the subsequent convictions.

Citation
[2018] ZAFSHC 212
Parties
Applicant: The State; Respondent: Mofoto Aletta Tsotetsi; Respondent: Jabuti Shorts Thinyane; Respondent: Tseko Abraham Tladi
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
28 December 2018
Case Number
R272/2018; R352/2018; R353/2018
Procedural Posture
Criminal Review / Automatic Review After Conviction and Sentence
Outcome
Convictions and sentences in all three matters are set aside.
Judges
Musi
Legal Topics
Guilty Plea Procedure, Section 112 1 B Criminal Procedure Act, Speeding Offence, Conviction and Sentence Review
Criminal Law Civil Procedure Guilty Plea Procedure Section 112 1 B Criminal Procedure Act Speeding Offence Conviction and Sentence Review

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Mofoto Aletta Tsotetsi

Respondent

Jabuti Shorts Thinyane

Respondent

Tseko Abraham Tladi

Respondent

Procedural Posture

Criminal Review / Automatic Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the accused admitted all elements of the offence during guilty plea proceedings.
  2. 2 Whether the magistrate's questioning complied with section 112(1)(b) of the Criminal Procedure Act.
  3. 3 Whether convictions and sentences should be set aside due to procedural irregularities.

Ratio Decidendi

The magistrate failed to comply with the requirements of section 112(1)(b) of the Criminal Procedure Act by asking leading questions and not ensuring that the accused admitted all elements of the offence, including unlawfulness and intention. In particular, the accused in two matters were not asked why they admitted exceeding the speed limit or the circumstances of their arrest, and in one matter, the accused expressly stated he was unaware of exceeding the speed limit. The convictions and sentences cannot stand as the procedural irregularities undermine the validity of the guilty pleas and the subsequent convictions.

Court Disposition

Convictions and sentences in all three matters are set aside.

Orders

  • The conviction and sentence in S v Mofoto Aletta Tsotetsi are set aside.
  • The conviction and sentence in S v Jabuti Shorts Thinyane are set aside.