S v Thakanyane (R29/2019, 882/18)
S v Thakanyane (R29/2019, 882/18) [2019] ZAFSHC 99 (28 June 2019)
The magistrate failed to ensure that the accused admitted the competence of the traffic officer who operated the speed recording device, as required by the guidelines in S v Phuzi. Furthermore, the accused did not admit that his conduct was unlawful or punishable by law. The questioning focused on irrelevant matters and did not cover all essential elements of the offence. As a result, the conviction and sentence cannot be sustained and must be set aside.
Source excerpt
- Speeding Offence
- Admission Of Elements
- Competence Of Operator
- Section 112 Procedure