S v Zulu and others (Review Judgement)

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Mngadi J and Bezuidenhout J
• Judgment Date: 30 June 2023
• Citation: 2023 JDR 2402 (KZP)
• Hearing Date: 30 June 2023
• Docket Number: AR219/2022
• Court: KwaZulu-Natal Division, Pietermaritzburg

Mngadi J (Bezuidenhout J concurring):

1.

The magistrate submits for review in terms of section 304 (4) of the Criminal Procedure Act 51 of 1977 (CPA) 22 matters. Section 304 (4) provides that: If in any criminal case in which a magistrate’s court has imposed a sentence which is not subject to review in the ordinary course in terms of section 302 or in which a

2023 JDR 2402 p2

Mngadi J (Bezuidenhout J concurring)

regional court has imposed any sentence, it is brought to the notice of the provincial or local division having jurisdiction or any judge thereof that the proceedings in which the sentence was imposed were not in accordance with justice, such court or judge shall have the same powers in respect of such proceedings as if the record thereof had been laid before such court or judge in terms of section 303 or this section’.

2.

The accused persons were arrested and charged by the police. The police released them on police bail. The prosecutor fixed an admission of guilt fine for the accused. The accused paid the admission of guilt fine. The accused appeared before court and the magistrate struck off roll the case.

3.

The magistrate is of the view that the proceedings were not in accordance with justice for the following reasons:

‘1.

Only accused who were summoned or issued with notice to appear can admit guilt and pay fine without appearing before court. Arrested accused must appear before court before they are transferred from criminal court record book to the record book prepared for admissions of guilt.

2.

Cases where accused admit guilt extra judicially are reserved only for petty crimes.

3.

Cases where accused are arrested are prima facie serious offenses.

4.

Maximum fines for offences in respect of which all accused were charged is R100 000.00 (One Hundred Thousand rand) and a maximum term of imprisonment is two (2) years imprisonment, and in no way this offence can be regardless as petty.

5.

By virtue of seriousness of the offence and for the fact that they were arrested and therefore did not fall under section 57 but under section 57A accused were entitled to have legal representation explained to them as serious prejudice could result so they could make uniformed decisions.

4.

The Deputy Director of Public Prosecutions (DPP) in a memo supports the view of the magistrate that the proceedings are reviewable as they were not in accordance with justice in that the provisions of section 57 (1) (a) and (b) of the CPA were not complied with because no summons in terms of s54 of the

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Mngadi J (Bezuidenhout J concurring)

CPA nor a written notice in terms of s56 of the CPA was issued. It resulted, submits the DPP in neither s57 nor s57A of the CPA being complied with.

5.

The review section 304 (4) refers to a criminal case in which a magistrate’s court has imposed a sentence. Although the admission of guilt fine was fixed by the prosecutor. Section 57(6) provides that the Clerk of Court shall enter the essential particulars in the criminal record book for admissions of guilt...