South Africa Case Law

S v Machina (13900/2021)

S v Machina (13900/2021) [2022] ZAWCHC 135 (18 July 2022)

Court

Western Cape High Court, Cape Town

Case number

13900/2021

Judges

Binns-Ward, Henney

The High Court found that the magistrates' court record did not adequately reflect that the accused was properly informed of his rights and the consequences of paying the admission of guilt fine, particularly the incurrence of a criminal record. The factual contradictions between the accused's affidavit and the written acknowledgments in the record could not be resolved in special review proceedings. However, given the absence of opposition from the respondents and the practical interests of justice, the Court set aside the conviction and sentence and ordered the refund of the fine, without p…

Source excerpt

• Admission Of Guilt Fine
• Review Proceedings
• Criminal Record Consequences
• National Road Traffic Act
• Procedural Fairness

Ojuawo v S and Another (56633/2021)

Ojuawo v S and Another (56633/2021) [2022] ZAGPPHC 382 (6 June 2022)

Court

North Gauteng High Court, Pretoria

Case number

56633/2021

Judge

E van der Schyff

The High Court dismissed a review of an admission of guilt fine, finding the applicant knew the consequences and failed to show the process was unjust.

• Admission Of Guilt Fine
• Review Of Magistrates Court Proceedings
• Criminal Record Consequences
• Constitutional Rights Explanation
• Admission-of-guilt-fine
• Criminal-records

Reimers v National Prosecuting Authority (5274/2019)

Reimers v National Prosecuting Authority (5274/2019) [2020] ZAFSHC 229 (3 December 2020)

Court

Free State High Court, Bloemfontein

Case number

5274/2019

Judges

M A Mathebula, N M Mbhele

The applicant was represented by a practising attorney who had the authority to negotiate and accept the admission of guilt fine. There is no evidence that the attorney acted in bad faith or outside the applicant's best interests. The applicant voluntarily signed the written notice and paid the fine after his rights and the consequences were explained, including the criminal record implication. The applicant failed to provide credible evidence that his admission of guilt was mistakenly or incorrectly made. The absence of a confirmatory affidavit from the attorney does not advance the applican…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record Consequences
• Review Of Magistrate Decision
• Attorney Client Authority

S v Mahlangu (A255/15)

S v Mahlangu (A255/15) [2015] ZAGPPHC 217 (20 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

A255/15

Judges

T. M. Makgoka, E.M. Kubushi

The High Court set aside Catherine Mahlangu’s conviction and R300 admission-of-guilt fine, holding she had not been properly warned of the criminal-record consequences.

• Admission Of Guilt Fine
• Criminal Record Consequences
• Review Proceedings
• Shoplifting
• Admission-of-guilt-fine
• Criminal-record-consequences

S v Dakalo (111/15, 126/09/2014)

S v Dakalo (111/15, 126/09/2014) [2015] ZAGPPHC 214 (20 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

111/15, 126/09/2014

Judges

T. M. Makgoka, E.M. Kubushi

The court found that the accused was not properly informed of the consequences of paying the admission of guilt fine, specifically that it would result in a criminal record. This procedural irregularity is material and renders the conviction and sentence invalid. The court agreed with the reasoning in S v Parsons and S v Tong, which require police officers to warn accused persons of the full consequences of such fines. Accordingly, the conviction and sentence were set aside, and the National Prosecuting Authority was given leave to prosecute the accused afresh if it so chooses.

Source excerpt

• Admission Of Guilt Fine
• Criminal Record Consequences
• Review Proceedings
• Shoplifting

S v Mokwele (A26/2015)

S v Mokwele (A26/2015) [2015] ZAGPPHC 14 (22 January 2015)

Court

North Gauteng High Court, Pretoria

Case number

A26/2015

Judges

T.M. Makgoka, M.J. Teffo

The High Court set aside a conviction based on an admission of guilt fine after finding the accused had not been warned that payment would create a criminal record.

• Admission Of Guilt Fine
• Criminal Record Consequences
• Review Procedure
• Possession Of Dagga
• Admission-of-guilt-fine
• Criminal-record-consequences

S v York (211/2014)

S v York (211/2014) [2014] ZAFSHC 239 (4 December 2014)

Court

Free State High Court, Bloemfontein

Case number

211/2014

Judges

C H G Van der Merwe, H Murray

On special review, the High Court set aside an admission-of-guilt conviction and sentence after finding the accused had been wrongly advised about the consequences.

• Admission Of Guilt Fine
• Crimen Iniuria
• Review Proceedings
• Criminal Record Consequences
• Admission-of-guilt-fine
• Crimen-iniuria

Slabbert v Pretorius and Another (2683/2012)

Slabbert v Pretorius and Another (2683/2012) [2012] ZAWCHC 363 (28 November 2012)

Court

Western Cape High Court, Cape Town

Case number

2683/2012

Judges

Henney, Dlodlo

The High Court set aside a guilty plea conviction after finding the applicant had been wrongly advised to plead guilty and about the criminal-record consequences.

• Review Of Magistrates Court
• Condonation Of Late Filing
• Criminal Record Consequences
• Plea Advice And Rights
• National Road Traffic Act
• Criminal Procedure Act Compliance

S v Parsons (C2791423)

S v Parsons (C2791423) [2012] ZAWCHC 121; 2013 (1) SACR 38 (WCC) (15 June 2012)

Court

Western Cape High Court, Cape Town

Case number

C2791423

Judges

Dlodlo, Mantame

High Court review of an admission of guilt conviction that was set aside because the accused was not properly warned of the criminal-record consequences.

• Admission Of Guilt Fine
• Criminal Record Consequences
• Procedural Fairness
• Constitutional Rights Of Accused
• Admission-of-guilt-fine
• Criminal-procedure