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[2013] ZAFSHC 202
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S v Mpompi (10/2013) [2013] ZAFSHC 202 (14 November 2013)
IN THE HIGH COURT OF
SOUTH AFRICA
FREE STATE DIVISION,
BLOEMFONTEIN
…
...................................................
.......... ..
Review No. : 10/2013
THE STATE
…...............................................................
versus
NDABATHATHWA WILLIAM
MPOMPI
CORAM: VAN ZYL, J et
REINDERS, AJ
JUDGMENT BY: REINDERS,
AJ
DELIVERED ON: 14
NOVEMBER 2013
[1] This is a special
review referred by the senior magistrate, Welkom.
[2] The accused was
charged with contravening section 4(b) read with sections 1, 4,
13(d), 17(d), 18, 19, 20, 25, 35, 64 and Part
III schedule 2 of the
Drugs and Drug Trafficking Act NO 140 of 1992
in that he had about
974 g of cannabis in his possession on 25 May 2013.
[3] On 28 August 2013 the
accused pleaded guilty to the said charge. However, a plea of not
guilty in terms of section 113 of the
Criminal Procedure Act No 51 of
1977 (“the CPA”), was entered by the magistrate.
[4] The matter was
hereupon remanded to 26 September 2013 for trial.
[5] On 26 September 2013
the matter was erroneously remanded to 11 October 2013 in order to
have the accused pay admission of guilt.
[6] Admission of guilt
was fixed by the prosecutor on 4 October 2013 in the amount of
R800,00. The accused duly paid the said amount
on the same day.
[7] In terms of section
57(7) of the CPA the said admission of guilt was confirmed by another
magistrate without knowing that the
accused had already pleaded on
the same offence.
[8] Section 57A(1) of the
CPA stipulates that a prosecutor may only fix an admission of guilt
fine after the accused appeared in
court, but before the accused has
entered a plea.
[9] The said confirmation
by the magistrate on 4 October 2013 of the admission of the guilt
fine paid by the accused as in paragraphs
[6] and [7] above, was thus
in contravention of section 57A(1) of the CPA and should be set
aside.
[10] In
S v Miller
1981 (3) SA 560
(O) at 561A Erasmus J stated that, where an admission
of guilt has been paid by an accused and the conviction and sentence
is confirmed
by the magistrate in terms of section 57 of the CPA, the
matter can be taken on review by this court only.
[11] Accordingly the
following order is made:
ORDER:
The confirmation of the
admission of guilt on 4 October 2013 is set aside.
_______________
C. REINDERS, AJ
I concur and it is
ordered.
____________
C. VAN ZYL, J
/spieterse