S v Matladi

JurisdictionSouth Africa
Citation2002 (2) SACR 447 (T)

S v Matladi
2002 (2) SACR 447 (T)

2002 (2) SACR p447


Citation

2002 (2) SACR 447 (T)

Case No

A165/2002

Court

Transvaal Provincial Division

Judge

Webster J and Bosielo J

Heard

July 16, 2002

Judgment

July 16, 2002

Flynote : Sleutelwoorde

Trial — Irregularity in — What constitutes — Duty on presiding officer — Undesirable practice to ask accused persons B composite questions of their election, after their rights explained to them — To unlettered, incompetent, undefended accused lengthy explanation of her or his rights at close of State's cases has to be daunting and confusing experience — Lengthy composite question of what her or his election is has to be avoided at all costs — Questions have C to be put to accused in simple manner and one at time and accused person afforded opportunity of responding appropriately to each of questions.

Trial — Irregularity in — What constitutes — Accused indicating intention to testify and call witness — After witness testified, accused asked 'Is that your case?' — Magistrate then D closing defence case without accused testifying — Clear that accused not afforded opportunity to exercise his chosen right to testify in his own defence — Accused, having intimated that he elected to testify, should have been asked directly whether he still wanted to testify — Magistrate duty bound to assist accused in exercising right to testify — Irregularity monumental and went to very ethos of justice and E notions of fairness — Accused deprived of opportunity to present his version — Irregularity so fundamental that it could be said that there was no trial at all.

Headnote : Kopnota

At the end of the State's case in a trial in a magistrate's court the accused's rights were explained to him, after which he was asked: F '(What) do you elect to do? Do you want to testify under oath? Do you want to call witnesses? Do you want to remain silent?' After the accused had indicated that he wished to testify and call a witness, the trial was postponed, as the witness was not available that day. At the resumption of the trial, the defence witness testified, whereafter the magistrate asked the accused whether he had any further witnesses. When G he answered in the negative, he was asked: 'Is that your case?' When he confirmed that it was, the magistrate closed his case and subsequently convicted him.

Held, that it was an undesirable practice to ask an accused persons composite questions of their election, after their rights had been explained to them. To unlettered, incompetent, undefended accused the lengthy explanation of her or his rights at the close of the H State's cases had to be a daunting and confusing experience. A lengthy composite question of what her or his election was had to be avoided at all costs. The questions had to be put to the accused in a simple manner and one at a time and the accused person afforded the opportunity of responding appropriately to each of the questions. (At 450a - c.) I

Held, further, that it was clear that the accused had not been afforded the opportunity to exercise his chosen right to testify in his own defence. The accused, having intimated that he elected to testify, should have been asked directly whether he still wanted to testify. The magistrate had been duty bound to assist the accused in exercising his right to testify. (At 450f and 451g.) J

2002 (2) SACR p448

Held, further, that the irregularity by the magistrate had been monumental and went to the very ethos of justice and notions of A fairness. The accused had been deprived of the opportunity to present his version. The irregularity had been so fundamental that it could be said that there was no trial at all. (At 452e - f.)

Annotations:

Cases cited

Reported cases

Hlantlalala and Others v Dyanti NO and Another 1999 (2) SACR 541 (SCA): applied B

Key v Attorney-General, Cape Provincial Division, and Another 1996 (2) SACR 113 (CC) (1996 (4) SA 187; 1996 (6) BCLR 788): dictum in para [13] applied C

R v Hepworth 1928 AD 265: dictum at 277 applied

R v Nyende 1956 (2) SA 55 (T): dictum at 56H applied

R v Shekelele and Another 1953 (1) SA 636 (T): dictum at 638 - 9 applied

S v Moodie 1961 (4) SA 752 (A): applied

S v Rall 1982 (1) SA 828 (A): dictum at 831G - H applied

S v Rudman; S v Johnson; S v Xaso; Xaso v Van Wyk NO 1989 (3) SA 368 (E): dictum at 378C - D applied D

S v Sallem 1987 (4) SA 772 (A): dictum at 795A - C applied

S v Shikunga and Another 1997 (2) SACR 470 (NmS) (2000 (1) SA 616; 1997 (9) BCLR 1321): applied

S v Sigwahala 1967 (4) SA 566 (A): dictum at 568H applied

S v Smile and Another 1998 (1) SACR 688 (SCA) (1998 (5) BCLR 519): applied E

Case Information

Review. The facts appear from the reasons for judgment.

Judgment

Webster J:

The accused was convicted in the Benoni magistrate's court of assault with the intention to do F grievous bodily harm, the particulars whereof being that on 2 December 2001 the accused assaulted one 'Johannes Mokeni by hitting him with a fist, kicking him with booted feed (sic) and hitting him against a tree stem, giving to him there and then certain wounds and injuries'. The accused was sentenced to nine months' imprisonment with five months thereof being suspended for five years on G condition that the accused is not convicted of assault committed during the period of suspension. The matter came before me by way of automatic review.

Upon perusing the record I ordered the immediate release of the accused. The reasons therefor are set out in this judgment. H

The accused was unrepresented in the trial. He pleaded not guilty to the charges and alleged in amplification thereof, in accordance with the provisions of s 115 of the Criminal Procedure Act 51 of 1977, that he did not 'hit' the complainant.

The State then called the complainant to testify. His evidence was that he and his wife were at the residence of the brother-in-law of the I accused. From the record it appears that this is a place where liquor is either sold or consumed, in short, a...

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5 practice notes
  • S v Mafu and Others
    • South Africa
    • Invalid date
    ...1998 (2) SACR 400 (N): applied S v Maseko 1990 (1) SACR 107 (A): applied S v Mathabathe 2003 (2) SACR 28 (T): applied S v Matladi 2002 (2) SACR 447 (T): dictum at 452e applied I S v Matthys 1999 (1) SACR 117 (C): applied S v Mofokeng 2004 (1) SACR 349 (W): dictum at 355h - j applied S v Msi......
  • S v Msithing
    • South Africa
    • Invalid date
    ...215 (CC) (2005 (4) SA 581; 2005 (5) BCLR 423): dictum in para [39] applied S v Mathabathe 2003 (2) SACR 28 (T): applied S v Matladi 2002 (2) SACR 447 (T): referred to S v Moodie 1961 (4) SA 752 (A): dictum at 756D - 758H applied B S v Rall 1982 (1) SA 828 (A): dictum at 831H - 832H applied ......
  • S v Komane
    • South Africa
    • Transvaal Provincial Division
    • 7 November 2005
    ...the accused person's responses in that regard (S v Manale [2000] 4 All SA 463 (NC); S v Nkonde 2001 (1) SACR 538 (W). S v Matladi 2002 (2) SACR 447 (T); S v Sibiya 2004 (2) SACR 82 (W); that did not happen in this case. Consequently, there is no indication as to precisely how Mr Komane was ......
  • Recent Case: Criminal procedure
    • South Africa
    • Juta South African Criminal Law Journal No. , September 2019
    • 3 September 2019
    ...the extent to which most unrepresented persons are simply unable to adequately and competently defend themselves. In S v Matladi 2002 (2) SACR 447 (T) the accused (who was unrepresented at his trial) was convicted of assault with the intention to do grievous bodily harm. His cross-examinati......
  • Request a trial to view additional results
4 cases
  • S v Mafu and Others
    • South Africa
    • Invalid date
    ...1998 (2) SACR 400 (N): applied S v Maseko 1990 (1) SACR 107 (A): applied S v Mathabathe 2003 (2) SACR 28 (T): applied S v Matladi 2002 (2) SACR 447 (T): dictum at 452e applied I S v Matthys 1999 (1) SACR 117 (C): applied S v Mofokeng 2004 (1) SACR 349 (W): dictum at 355h - j applied S v Msi......
  • S v Msithing
    • South Africa
    • Invalid date
    ...215 (CC) (2005 (4) SA 581; 2005 (5) BCLR 423): dictum in para [39] applied S v Mathabathe 2003 (2) SACR 28 (T): applied S v Matladi 2002 (2) SACR 447 (T): referred to S v Moodie 1961 (4) SA 752 (A): dictum at 756D - 758H applied B S v Rall 1982 (1) SA 828 (A): dictum at 831H - 832H applied ......
  • S v Komane
    • South Africa
    • Transvaal Provincial Division
    • 7 November 2005
    ...the accused person's responses in that regard (S v Manale [2000] 4 All SA 463 (NC); S v Nkonde 2001 (1) SACR 538 (W). S v Matladi 2002 (2) SACR 447 (T); S v Sibiya 2004 (2) SACR 82 (W); that did not happen in this case. Consequently, there is no indication as to precisely how Mr Komane was ......
  • S v Mafu and Others
    • South Africa
    • Witwatersrand Local Division
    • Invalid date
    ...[7] See S v Charles 2002 (2) SACR 492 (E) ([2002] 3 All SA 471); S v Mofokeng 2004 (1) SACR 349 (W) at 355h - j. [8] See S v Matladi 2002 (2) SACR 447 (T) at [9] See S v Greyling 1991 (2) SACR 233 (N) at 239g and 240d. [10] See S v Maseko 1990 (1) SACR 107 (A) at 118c - f. [11] See S v Gerb......
1 books & journal articles
  • Recent Case: Criminal procedure
    • South Africa
    • Juta South African Criminal Law Journal No. , September 2019
    • 3 September 2019
    ...the extent to which most unrepresented persons are simply unable to adequately and competently defend themselves. In S v Matladi 2002 (2) SACR 447 (T) the accused (who was unrepresented at his trial) was convicted of assault with the intention to do grievous bodily harm. His cross-examinati......

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