S v Mothobi / Lefoane (R64/2016)
S v Mothobi / Lefoane (R64/2016) [2016] ZAFSHC 73 (5 May 2016)
The court held that convicting Joyce Lefoane, who was not the person charged, was not in accordance with justice. The proceedings and conviction were based on misrepresentation of identity. The conviction must be set aside because only the person charged may be convicted of the offence. The court declined to remit the matter for trial de novo, as this would again be unjust when the wrong person was charged. The decision regarding whom to charge and on what charge remains the prerogative of the prosecution.
Source excerpt
- Misrepresentation Of Identity
- Conviction Of Wrong Person
- Criminal Procedure Act Section 304
- Trial De Novo
- Justice In Criminal Proceedings