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[2015] ZAGPPHC 132
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S v Mafukidzi (A172/15) [2015] ZAGPPHC 132 (12 March 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
NORTH DIVISION, PRETORIA
Case No: R
122/2015
LA 1216/2014
Case number:
A172/15
Date: 12 March
2015
In the matter
between:
THE STATE
versus
MARY
MAFUKIDZI
........................................................................................................
Accused
REVIEW JUDGMENT
1. The accused was
charged with theft of four pairs of trousers in the Magistrate’s
Court for Soutpansberg, held at Louis
Trichardt (Makhado). Her first
appearance was on the 12
th
December 2014 when she pleaded
not guilty.
2. The case was
remanded to the 30
th
December 2014 for trial but was
postponed again for a Shona interpreter. At the next trial date on
the 5
th
January 2015 the accused’s husband arranged
for the payment of an admission of guilt fine, apparently through the
good offices
of the interpreter. An admission of guilt fine was
determined and paid, and the necessary particulars were recorded on
the official
J 175 form. The prosecutor signed the form, not
realising that the accused had already pleaded to the charge.
3. The matter Is
further complicated by the fact that the accused is a Zimbabwean
citizen who has apparently been deported since
the above occurrences
took place.
4. The State - and
not the presiding officer - has now, after the matter was called in
court again and the procedural problem was
discovered, placed the
matter before a Judge in Chambers for review. Nothing should turn on
the fact that the matter has been presented
for review in this
fashion.
5. An admission of
guilt fine can only be paid after the accused’s appearance in
court if the accused has not yet pleaded
to the charge, as determined
by
section 57A
of the
Criminal Procedure Act 51 of 1977
. Once the
accused has pleaded to the charge the court must deal with trial that
has formally commenced upon a plea being entered.
6. The acceptance of
the fine therefore constituted an irregularity.
7. The State in its
submission of this matter for review has requested that the plea
proceedings be set aside and that, by implication,
the payment of the
admission of guilt fine be regarded as proper to bring finality to
the matter. This request cannot be acceded
to. Only an irregularity
can be corrected on review. The only irregularity is the acceptance
of the fine.
The following order
is therefore made:
1. The admission of
guilt fine accepted in this matter is set aside;
2. The fine must be
repaid to the accused or her duly authorised representative;
3. The trial
proceedings that commenced with the accused’s plea of not
guilty must be concluded in accordance with the provisions
of the
Criminal Procedure Act 51 of 1977
.
Dated at Pretoria on
this 6
th
day of March 2015.
E BERTELSMANN
Judge of the High
Court
I agree.
Judge of the High
Court
F.G.PRELLER