S v Bam (R52/2019)
S v Bam (R52/2019) [2019] ZAFSHC 123; 2019 (2) SACR 662 (FB) (22 July 2019)
The court found that the accused was not properly questioned regarding the competence of the traffic officer to operate the speed measuring device, which is a necessary element for conviction under section 59(4)(a) of the National Road Traffic Act. General questions about satisfaction with procedures do not suffice to establish all factual elements required for a valid guilty plea. The absence of specific admission or proof regarding the traffic officer's competence rendered the proceedings not in accordance with justice. Consequently, the conviction and sentence could not stand and were set…
Source excerpt
- Speeding Offence
- Criminal Procedure Act
- Guilty Plea Requirements
- Competence Of Traffic Officer