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2011
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[2011] ZAFSHC 107
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S v Soro (128/2011) [2011] ZAFSHC 107 (21 April 2011)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No.: 128/2011
In the review between:-
THE STATE
and
BENJAMIN SORO
_____________________________________________________
CORAM:
VAN
DER MERWE, J
et
C.J. MUSI, J
_____________________________________________________
JUDGMENT BY:
VAN
DER MERWE, J
_____________________________________________________
DELIVERED ON:
21
APRIL 2011
_____________________________________________________
[1] This is a review in
terms of section 304(4) of the Criminal Procedure Act, No. 51 of 1977
(“the Act”).
[2] On 21 December 2010
the accused, who had been released on bail, did not respond when his
name was called three times inside
and outside the courtroom. A
warrant for his arrest was accordingly authorised but held over and
the accused’s bail provisionally
cancelled and the bail money
provisionally forfeited to the State.
[3] However, later on the
same day, the accused appeared on his own accord. Purportedly in
terms of section 72(4) of the Act, the
magistrate summarily enquired
into the failure of the accused to appear earlier in the day and
sentenced the accused to a fine
of R300,00. The warrant of arrest
was cancelled and the case was remanded with the accused on bail,
from which follows that the
provisional cancellation of the bail and
forfeiture of the bail money lapsed.
[4] The request before us
that the proceedings and fine imposed in terms of section 72(4) of
the Act be set aside, must be acceded
to. Section 72 of the Act is
not applicable to an accused person who had been released on bail.
Section 67A of the Act provides
for criminal liability of a person
who has been released on bail and who fails without good cause to
appear on the relevant date
and this liability cannot be determined
by summary enquiry.
[5] In the result the
proceedings and fine imposed in terms of section 72(4) of the Act are
set aside.
________________________
C.H.G. VAN DER MERWE,
J
I agree.
___________
C.J. MUSI, J
/sp