S v Mzimba (16/2012)
S v Mzimba (16/2012) [2012] ZAKZPHC 30; 2012 (2) SACR 233 (KZP) (7 June 2012)
The conviction and sentence were set aside because the accused did not admit all the essential elements of the offence, specifically the impairment of his driving ability due to alcohol. The Magistrate failed to question the accused on this critical element and did not inform him of his rights under section 35 of the NRTA or his right to make submissions regarding review or appeal. These procedural irregularities rendered the proceedings unjust. The matter was remitted to the trial court for a plea of not guilty to be entered and for the prosecution to proceed accordingly.
Source excerpt
- Drunken Driving
- Section 112 Plea Procedure
- Automatic Review
- Section 35 Nrta
- Unrepresented Accused Rights