S v Nkosi (Special Review) (CA&R182/2024)
S v Nkosi (Special Review) (CA&R182/2024) [2024] ZAECMKHC 115; 2025 (1) SACR 558 (ECMk) (22 October 2024)
The magistrate's procedure of summarily enquiring into the accused's failure to appear and imposing a fine under Section 67A was not in accordance with the requirements of criminal procedure. Section 67A creates a criminal offence, and the accused must be tried according to the normal rules and standard of proof applicable in criminal cases. Section 67 provides a separate procedure for provisional cancellation and forfeiture of bail, which was not followed. The summary enquiry and imposition of fines without proper criminal proceedings are not authorised by either Section 67A or Section 67. T…
Source excerpt
- Failure To Appear
- Bail Forfeiture
- Summary Enquiry
- Criminal Liability For Nonattendance