South Africa Case Law

S v Matee (R08/2020)

S v Matee (R08/2020) [2020] ZAFSHC 130 (28 May 2020)

Court

Free State High Court, Bloemfontein

Case number

R08/2020

Judges

N.M MBHELE, P.E. MOLITSOANE

The conviction was set aside because the trial court failed to establish the competency of the traffic operator who set up the speed measuring device and did not confirm that the calibration certificate was shown to the accused. These omissions constitute irregularities that undermine the reliability of the evidence and the fairness of the proceedings. The court emphasized that all elements of the offence must be admitted and proven, including the proper functioning and setup of the speed measuring device by a qualified person.

Source excerpt

• Road Traffic Offences
• Speeding
• Competency Of Traffic Operator
• Admissibility Of Evidence

S v Khambule (R07/2020)

S v Khambule (R07/2020) [2020] ZAFSHC 77 (13 March 2020)

Court

Free State High Court, Bloemfontein

Case number

R07/2020

Judges

M A Mathebula, P E Molitsoane

On special review, the High Court set aside a speeding conviction and sentence after finding procedural irregularities about the speed device and record.

• Road Traffic Offences
• Speeding
• Competency Of Traffic Operator
• Calibration Certificate
• Review Proceedings
• Criminal-law