Teleki v S (A46/2019) [2019] ZAGPJHC 489 (26 November 2019)

Teleki v S (A46/2019) [2019] ZAGPJHC 489 (26 November 2019)

The State failed to present evidence that the scope alignment test for the speed measuring device was conducted by a qualified land surveyor or other duly qualified person as required by the TCSP guidelines. Without such evidence, the reliability and accuracy of the speed measurement could not be established. The conviction was therefore not supported by admissible and reliable evidence, and the appeal had to be upheld.

Citation
[2019] ZAGPJHC 489
Parties
Appellant: Thabiso Teleki; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 November 2019
Case Number
A46/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction From Magistrate's Court
Outcome
Appeal upheld; conviction and sentence set aside; accused acquitted.
Judges
DP de Villiers, Coppin
Legal Topics
National Road Traffic Act, Admissibility of Evidence, Technical Guidelines for Speed Devices
Criminal Law National Road Traffic Act Admissibility of Evidence Technical Guidelines for Speed Devices

Case Brief

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Parties

Thabiso Teleki

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction From Magistrate's Court

Legal Issues

  1. 1 Whether the State proved that the speed measuring device was properly tested and operated in accordance with applicable guidelines.
  2. 2 Whether the conviction based on evidence from the speed measuring device was valid.

Ratio Decidendi

The State failed to present evidence that the scope alignment test for the speed measuring device was conducted by a qualified land surveyor or other duly qualified person as required by the TCSP guidelines. Without such evidence, the reliability and accuracy of the speed measurement could not be established. The conviction was therefore not supported by admissible and reliable evidence, and the appeal had to be upheld.

Court Disposition

Appeal upheld; conviction and sentence set aside; accused acquitted.

Orders

  • The appeal is upheld.
  • The conviction and sentence imposed by the Magistrate are set aside and replaced with: 'The accused is acquitted.'