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South Africa: North Gauteng High Court, Pretoria
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[2014] ZAGPPHC 225
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S v Botha (A208/14) [2014] ZAGPPHC 225 (27 March 2014)
IN THE NORTH GAUTENG HIGH
COURT, PRETORIA
(REPUBLIC OF SOUTH
AFRICA)
27 March 2014
A208/14
LANDDROSKANTOOR
MAGISTRATE’S OFFICE
EVANDER
2280
THE STATE VERSUS J. BOTHA
Special review: 11/2014
Case number: AOG 600/14
High Court reference number:
231/14
JUDGMENT
Fabricius J,
1.
The review relates to a
speeding offence in terms of the
Road
Traffic Act 93 of 1996
2.
The charge was formally withdrawn by the
Public Prosecutor on 10 December 2013.
3.
However, on 14 January 2014 an admission
of guilt of R250 was paid.
4.
The Magistrate received the documents on
25 February 2014 in accordance with the provisions of
s.
57
(7) of the
Criminal Procedure Act 51 of 1977
,
and should have ordered that the fine be re-paid as the conviction
was not in accordance with justice.
5.
This was the view of the Senior
Magistrate who placed the review before me. I agree.
6.
The proceedings are set aside and the
amount of R250 is to be re-paid.
H. J. FABRICIUS
JUDGE OF THE HIGH COURT
I agree
D.S. FOURIE
JUDGE OF THE HIGH COURT