Rex v Komo

• Jurisdiction: South Africa
• Judge: Hathorn JP, Carlisle J and De Wet J
• Judgment Date: 25 April 1947
• Citation: 1947 (2) SA 508 (N)
• Hearing Date: 14 April 1947
• Court: Natal Provincial Division

Hathorn, J.P.:

In this case the Native High Court has reserved and stated a question of law for the consideration of this Court under sec. 4 of Act 30 of 1910 (Natal).

The accused was brought to trial before the Native High Court upon a charge of murder. His plea as recorded was tantamount to a plea of not guilty, and I presume it was treated as such, although there is no specific statement in the record to that effect. After the Crown had led some evidence, Mr. Warner, for the accused, tendered a plea of guilty of culpable homicide, but Mr. P. R. Botha, for the Crown, declined to accept it at that stage, and the trial proceeded. When the Crown case was closed, Mr. Botha accepted the plea of guilty of culpable homicide. Thereupon Mr. Warner called the accused as a witness and closed his case.

After hearing the addresses of counsel, the Court adjourned the case under sec. 4, and in due course submitted the following question to this Court:

Hathorn JP

Whether the Court is bound by the acceptance by the Attorney-General of a plea of guilty of culpable homicide on an indictment for murder, tendered after the case for the Crown has been closed.

This Court, having before it merely the record and the question, does not know the reason why the question was reserved, but I am safe in assuming that it was because the Native High Court was not satisfied that the acceptance of the plea of guilty of culpable homicide would be in accordance with justice.

The question is important because it puts in issue the power of the Attorney-General to accept, without the consent of the Court, a different plea from the plea which has already been recorded.

Mr. Barker appeared for the Crown in this Court, and Mr. Warner for the accused. As they...