S v Rendani

• Jurisdiction: South Africa
• Judge: M Madima AJ and NF Kgomo J
• Judgment Date: 01 November 2017
• Docket Number: 82/2017
• Court: Limpopo Local Division, Thohoyandu
• Hearing Date: 01 November 2017
• Citation: 2018 JDR 0309 (LT)

M Madima AJ:

[1]

This is a review matter which was brought before me in terms of the provisions of s 304 of the criminal procedure act 51 of 1977, as amended ('the criminal procedure Act').

[2]

The accused was arraigned in the magistrate's court, Thulamela held at Thohoyandou on a charge of 'assault with intent to do grievous bodily harm.' The accused enjoyed legal representation throughout the duration of the trial proceedings. He pleaded guilty to the charge. His statement in terms of s 112 (2) of the criminal procedure Act was read into record and following that, he was sentenced to fourteen (14) months imprisonment without an option to pay fine.

[3]

In the High Court (this division), the matter first came before my sister, Acting Justice Lamminga, who sent a query to the learned magistrate, Mr T Makuya, asking: "(1) whether the mere repetition of the charge as set out in the charge sheet is sufficient?", and "(2) whether the court should not have enquired about the circumstances to be able to establish that the accused had no defence?"

[4]

The learned acting magistrate has since responded to the query. In his reply, the learned magistrate stated that the accused confirmed contents of the statement of his guilty plea, that the accused was legally represented and in the light of the above the legal representative would have picked up a defence, if any, to the charge during consultation with the accused.

[5]

The relevant portions of a guilty plea around which there is a discussion appear on paragraphs 5 and 6 of the statement (see pages 3 and 4 of the record).

At para 5, the statement reads:

2018 JDR 0309 p3

M Madima AJ

"I am therefore pleading guilty to the charge in that on the 5th day of July at or near Mangane, in the District of Thulamela, Thohoyandou, I assaulted Mboneni Oscar Rorore by hitting him with a spade"

At para 6, the statement reads:

"I know and understand that my conduct on the day in question was wrongful and punishable by law."

[6]

"Section 112 (2) requires that the statement must set out the facts which he admits and on which he has pleaded guilty. Legal conclusions will not suffice. The presiding officer can only convict if he or she is satisfied that the accused is indeed guilty of the offence to which a guilty plea has been tendered. If not, the provisions of s 113 must be invoked." (My own underlining) (See S v Mshengu 2009 (2) SACR 316 (SCA) at page 319, Para [7])

[7]

The...