S v Mashilo (REV 56/2023)
S v Mashilo (REV 56/2023) [2023] ZALMPPHC 21 (10 May 2023)
The court found that the accused was a minor at the time of the alleged offence and should have been dealt with under the Child Justice Act, which requires a preliminary inquiry and prohibits the use of admission of guilt fines for children. The police official failed to comply with the statutory requirements for issuing a written notice to a child, and the magistrate's confirmation of the admission of guilt fine was therefore irregular and a nullity. The High Court exercised its inherent review powers to set aside both the notice and the fine, ordering a refund to the accused.
Source excerpt
- Admission Of Guilt Fine
- Child Justice Act
- Procedural Irregularity
- Minor Offender
- Review Proceedings