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[2015] ZAGPPHC 495
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S v Adanlawa (201/15, A375/2015) [2015] ZAGPPHC 495 (11 June 2015)
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION.
PRETORIA
Case Nr. 201/15
A375/2015
DATE: 11 JUNE 2015
THE STATE
v
JO ADANLAWA
JUDGMENT: REVIEW
BAM J
1. This matter was submitted by the
Chief Magistrate, Pretoria, for special review in terms of section
304(4) of the Criminal Procedure
Act, Nr 51 of 1977.
2. The accused, charged with theft, had
to appear in the magistrate's court sitting at Hatfield. Assisted by
an unknown legal representative,
before appearing in court, the
accused paid an admission of guilt in the amount of R300.
3. In his affidavit the accused, a
foreigner, stated that he had no intention to plead guilty to the
charge but that he had been
misled by the person who represented
himself as a lawyer to pay the amount of R500 where after he would
have been discharged. After
having paid the said amount he was indeed
set free.
4. From the set of documents before us
it appears that the accused paid the admission of guilt fine and that
he in fact signed the
relevant document.
5. However, after having considered all
the facts we arrived at the conclusion that it is probable that the
accused did not fully
appreciate what was happening and that it
cannot be found that he understood and realised what the consequences
of the admission
of guilt entailed.
6. The comment furnished by the
representatives of the Director of Public Prosecutions, Pretoria, Adv
Creighton and Adv Leonard
SC, dated 21 May 2015, which is in
agreement with our conclusion, is appreciated.
ORDER
The admission of guilt in case Nr.
222/519/12: J 0 ADANLAWA; is set aside.
A J BAM JUDGE S POTTERILL JUDGE