S v Smith

• Jurisdiction: South Africa
• Judge: Marais J and McEwan J
• Judgment Date: 18 November 1975
• Court: Transvaal Provincial Division
• Hearing Date: 18 November 1975
• Citation: 1976 (1) SA 756 (T)

McEwan, J.:

This case is not subject to automatic review, but the chief magistrate of Randburg has requested this Court to consider it in terms E of sec. 98 (4) of the Magistrates' Courts Act, 32 of 194.

On 19 July 1975 the accused was given a traffic summons by a traffic officer in the employ of the Sandton Municipality. The summons alleged that he had contravened sec. 111 of the Road Traffic Ordinance, 21 of 1966 (T), by 'changing lanes without indicating' while travelling on public road F P.79/1 in the district of Randburg.

The summons indicated that the court before which the accused was instructed to appear was unlikely to impose a fine of more than R 10. The accused signed an admission of guilt in terms of sec. 351 of Act 56 of 1955 and paid the sum of R10. In due course the magistrate at Randburg sentenced the accused to a fine in G that sum.

Thereafter the case came to the attention of the chief traffic officer of Sandton, who had doubts as to whether in the circumstances any offence had been committed. According to the information furnished to him by the traffic officer...