South Africa Case Law

Mong v Director of Public Prosecutions and Another (17593/2018)

Mong v Director of Public Prosecutions and Another (17593/2018) [2019] ZAWCHC 106; [2019] 4 All SA 447 (WCC) (23 August 2019)

Court

Western Cape High Court, Cape Town

Case number

17593/2018

Judges

R.C.A. Henney, M.I. Samela

The court held that the entry of an admission of guilt fine as a conviction and sentence in the Criminal Record Book is only valid if a judicial officer has exercised discretion under section 57(7) of the Criminal Procedure Act. In this case, there was no evidence that the magistrate had examined the documents or exercised judicial discretion, and thus the process was incomplete. The entry of the conviction and sentence onto the Criminal Record Book and the register of criminal convictions of the South African Police Services was set aside. The court reaffirmed that judicial oversight is esse…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record Expungement
• Judicial Discretion
• Section 57 Criminal Procedure Act
• Previous Convictions
• Constitutional Rights

S v Rademeyer (A186/17)

S v Rademeyer (A186/17) [2017] ZAGPPHC 175 (12 April 2017)

Court

North Gauteng High Court, Pretoria

Case number

A186/17

Judges

P M Mabuse, W R C Prinsloo

The court held that there is no statutory duty on police officers under section 56 of the Criminal Procedure Act to warn accused persons of the full consequences of paying an admission of guilt fine, including the resulting criminal record. The accused was properly informed of her constitutional rights and the process, and her admission of guilt and payment of the fine were voluntary. She did not allege that she was misled, coerced, or that her admission was mistaken. The desire to set aside the conviction arose only after she became aware of the criminal record, not due to any procedural irr…

Source excerpt

• Admission Of Guilt Fine
• Criminal Record
• Section 56 Criminal Procedure Act
• Section 57 Criminal Procedure Act
• Constitutional Rights
• Review Proceedings

S v Mosia (62/2011)

S v Mosia (62/2011) [2011] ZAFSHC 42 (3 March 2011)

Court

Free State High Court, Bloemfontein

Case number

62/2011

Judges

S Singh, HM Musi

The High Court set aside Mr Mosia’s conviction and sentence on review, finding the new evidence showed the matter was not in accordance with justice.

• Admission Of Guilt Fine
• Review Of Magistrates Decision
• Section 57 Criminal Procedure Act
• Admission-of-guilt-fine
• Criminal-procedure-act
• Magistrates-court-review

S v Fynn (2011 (2) SACR 178 (KZP))

S v Fynn (2011 (2) SACR 178 (KZP)) [2011] ZAKZPHC 6; DR 619/10 (10 February 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

DR 619/10

Judges

Ndlovu, Mokgohloa

The High Court set aside an admission of guilt conviction for assault because the written notice was fatally defective and did not disclose an offence.

• Admission Of Guilt Fine
• Defective Charge Sheet
• Criminal Record Removal
• Section 57 Criminal Procedure Act
• Admission-of-guilt-fine
• Defective-charge-sheet