Naidoo and Another v De Freitas and Others (AR525/11)
Naidoo and Another v De Freitas and Others (AR525/11) [2012] ZAKZPHC 68; 2013 (1) SACR 284 (KZP) (9 October 2012)
The court found that during sentencing, evidence was presented by social workers and correctional services officials indicating the applicants did not intend to defraud or deceive, contradicting their earlier admissions. The trial judge was aware of this contradiction but failed to seek clarification or alter the plea to not guilty as required by section 113(1) of the Criminal Procedure Act. Given the low threshold for invoking section 113(1), the court held that the trial judge was obliged to amend the plea and allow the prosecution to proceed with evidence. The failure to do so constituted…
Source excerpt
- Section 113 Criminal Procedure Act
- Withdrawal Of Guilty Plea
- Review Of Conviction
- Sentencing Procedure