South Africa Case Law

S v Mokoena (1265/2006)

S v Mokoena (1265/2006) [2006] ZAFSHC 128 (9 November 2006)

Court

Free State High Court, Bloemfontein

Case number

1265/2006

Judges

C. VAN ZYL, R, C. H. G. VAN DER MERWE, R

The accused was convicted under Regulation 36(1) of Act 93 of 1996, which does not create an offence for driving without a valid driver's licence. The correct statutory provision is section 12(a) of the National Road Traffic Act, read with sections 89(1) and 89(6), which establish the relevant offence and penalty. The charge as formulated was irregular and void, rendering both the conviction and sentence nullities. The court set aside the conviction and sentence on special review.

Source excerpt

• Incorrect Charge
• Nullity Of Conviction
• National Road Traffic Act
• Misdirection By Magistrate