Shongwe v Magistrate Barberton and Others (1948/2018) [2019] ZAMPMHC 15 (16 September 2019)

Shongwe v Magistrate Barberton and Others (1948/2018) [2019] ZAMPMHC 15 (16 September 2019)

The court found that the applicant was a fugitive from justice, having left South Africa immediately after being erroneously released on a forged court order and liberation warrant. The South African authorities only became aware of his whereabouts due to his arrest in Eswatini on an unrelated charge. Even if the applicant was not considered a fugitive, the review application would fail because the warrants for his arrest were lawfully and properly issued by the Magistrate. The cancellation of the first warrant was procedurally correct, having been done with the Magistrate's consent and in her presence, and did not affect the applicant's rights. The warrants issued under the Criminal...

Citation
[2019] ZAMPMHC 15
Parties
Appellant: Sipho Shongwe; Respondent: Magistrate Barberton (Mr. Mhlanga); Respondent: The State; Respondent: Additional Magistrate (Miss. Mabetwa)
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
16 September 2019
Case Number
1948/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application Regarding Warrants of Arrest.
Outcome
Application for leave to appeal dismissed.
Judges
HF Brauckmann, SS Mphahlele
Legal Topics
Warrant of Arrest, Fugitive From Justice, Review Application, Criminal Procedure Act, Correctional Services Act
Criminal Law Civil Procedure Warrant of Arrest Fugitive From Justice Review Application Criminal Procedure Act Correctional Services Act

Case Brief

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Parties

Sipho Shongwe

Appellant

Magistrate Barberton (Mr. Mhlanga)

Respondent

The State

Respondent

Additional Magistrate (Miss. Mabetwa)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application Regarding Warrants of Arrest.

Legal Issues

  1. 1 Whether the applicant is a fugitive from justice for purposes of the review application.
  2. 2 Whether the warrants of arrest issued by the Magistrate were lawfully and properly issued.
  3. 3 Whether the cancellation of the first warrant of arrest was procedurally correct and affected the applicant's rights.

Ratio Decidendi

The court found that the applicant was a fugitive from justice, having left South Africa immediately after being erroneously released on a forged court order and liberation warrant. The South African authorities only became aware of his whereabouts due to his arrest in Eswatini on an unrelated charge. Even if the applicant was not considered a fugitive, the review application would fail because the warrants for his arrest were lawfully and properly issued by the Magistrate. The cancellation of the first warrant was procedurally correct, having been done with the Magistrate's consent and in her presence, and did not affect the applicant's rights. The warrants issued under the Criminal...

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.