S v Zandulela (CA&R 103/2010) [2010] ZAECGHC 28 (26 April 2010)

S v Zandulela (CA&R 103/2010) [2010] ZAECGHC 28 (26 April 2010)

The magistrate failed to clarify the accused's affirmative answer to whether he had been influenced to plead guilty. This omission constitutes a reviewable irregularity, as the voluntariness of the plea was not properly established. The sentence imposed cannot stand under these circumstances, and the accused must be given an opportunity to explain his answer. The magistrate is required to conduct a proper enquiry in terms of section 112(1)(b) of the Criminal Procedure Act to determine whether the plea was made freely and voluntarily and, if influenced, the nature and extent of such influence.

Citation
[2010] ZAECGHC 28
Parties
Respondent: The State; Applicant: Siseko Zandulela
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
26 April 2010
Case Number
CA&R 103/2010
Procedural Posture
Review Application / Automatic Review
Outcome
Sentence set aside; matter remitted for proper enquiry.
Judges
E. Revelas, J.M. Roberson
Legal Topics
Guilty Plea Procedure, Reviewable Irregularity, Criminal Procedure Act Section 112, Driving Under Influence
Criminal Law Guilty Plea Procedure Reviewable Irregularity Criminal Procedure Act Section 112 Driving Under Influence

Case Brief

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Parties

The State

Respondent

Siseko Zandulela

Applicant

Procedural Posture

Review Application / Automatic Review

Legal Issues

  1. 1 Whether the accused's plea of guilty was made freely and voluntarily.
  2. 2 Whether the magistrate's failure to clarify the accused's answer regarding influence constitutes a reviewable irregularity.
  3. 3 Whether the sentence imposed can stand in light of the irregularity.

Ratio Decidendi

The magistrate failed to clarify the accused's affirmative answer to whether he had been influenced to plead guilty. This omission constitutes a reviewable irregularity, as the voluntariness of the plea was not properly established. The sentence imposed cannot stand under these circumstances, and the accused must be given an opportunity to explain his answer. The magistrate is required to conduct a proper enquiry in terms of section 112(1)(b) of the Criminal Procedure Act to determine whether the plea was made freely and voluntarily and, if influenced, the nature and extent of such influence.

Court Disposition

Sentence set aside; matter remitted for proper enquiry.

Orders

  • The sentence imposed by the magistrate is set aside.
  • The matter is remitted to the same magistrate to conduct an enquiry in terms of section 112(1)(b) of the Criminal Procedure Act, 51 of 1977, as amended, as to whether the accused’s plea of guilty was made freely and voluntarily, and if he was influenced to plead guilty, and the nature and extent of the influence.