South Africa Case Law

S v Ntepe and Another (R 85/2020)

S v Ntepe and Another (R 85/2020) [2021] ZAFSHC 78 (11 March 2021)

Court

Free State High Court, Bloemfontein

Case number

R 85/2020

Judges

Reinders, Chesiwe

The convictions of both accused for contravening section 170(1) of the Criminal Procedure Act 51 of 1977 were set aside because the enquiry into their failure to appear was not conducted in accordance with the requirements of procedural fairness. The accused were not properly informed of their rights, including the right to remain silent and the consequences thereof, and the enquiry was conducted under the incorrect statutory provision. The magistrate conceded the procedural error, and the court found that the convictions could not stand, even though the sentences had already been served. It…

Source excerpt

• Failure To Appear
• Procedural Fairness
• Section 170 Criminal Procedure Act
• Rights Of Accused

S v Mlondo (A53/2014)

S v Mlondo (A53/2014) [2014] ZAGPPHC 136 (30 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

A53/2014

Judges

D.S. Molefe, H.J. De Vos

On special review, the High Court set aside a conviction for failure to appear because section 170(1) of the CPA does not apply to an accused who was on bail.

• Failure To Appear
• Bail Procedure
• Criminal Review
• Section 170 Criminal Procedure Act
• Failure-to-appear
• Bail-procedure