S v Mashilo

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Phatudi J
• Judgment Date: 10 May 2023
• Docket Number: REV 56/2023
• Hearing Date: 10 May 2023
• Court: Limpopo Division, Polokwane

Phatudi J:

[1]

This matter is referred to this Court for special review in terms of section 304 of the Criminal Procedure Act, 1977 [1] , as amended, ("the Act") The facts giving rise to the present review are briefly the following:

THE FACTS:

1.1.

The accused, Mr. Koketso Fana Mashilo, born 29 June 2003, was issued with written notice to appear in the District Court, Moutse, on 31 March 2021, pursuant to the provisions of section 56 of the Act.

The charge stated in the said notice was one of "public drinking" which allegedly took place at Thabakhwibidu on 27 February 2021 in contravention of section 154 of the Liquor Act 27 of 1989, as amended.

1.2.

In the said notice, provision was made for admission of guilt in respect of the alleged offence for payment of R 100.00 admission of guilt fine on or before 19 March 2021, without appearing in Court.

The accused, as a signification of receipt thereof, signed the relevant notice on 27 February 2021. He also paid the R 100.00 admission of guilt fine on the same day it was issued.

2023 JDR 1440 p3

Phatudi J

[2]

It is quite apposite to mention for the sake of completion, that section 56 (1) (a) – (d) of the Act makes provision for written notices of securing attendance of accused in the district court to specify inter alia, the name, the residential address and the occupation or status of the accused.

The general purport of section 56 envisages the saving of time and legal costs for both the arrestee and the State, respectively, on account of unnecessary incarcerations, maintenance and support of the arrestee at the state expenses while in detention, over-crowding, and prolonged court appearances, while the Court roll flow is case managed in an informal procedure.

[3]

In the instant case, the accused paid the admission of guilt fine at the Dennilton police station, (section 57 of the Act) whereafter the conviction was confirmed on review pursuant to section 57 (7) by the District Magistrate, Moutse on 08 March 2021, after examining relevant documents in support of such admission of guilt.

[4]

Furthermore, it appears from Form J534 issued to the accused that his age was recorded as "18", and cancellation was not initialed so as to correctly note his age. Although as on the date of the offence (27 January 2021) the accused had not yet attained the age of 18 years, it follows that it was erroneously recorded on the notice that he was 18 years of age already.

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