S v Mokhele (2033/2005) [2005] ZAFSHC 44 (5 May 2005)

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[2005] ZAFSHC 44
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S v Mokhele (2033/2005) [2005] ZAFSHC 44 (5 May 2005)

IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review No. : 2033/2005
In
the special review between:
THE
STATE
versus
MOTLALEPULA
MARGARET MOKHELE
_____________________________________________________
CORAM:
HATTINGH
J
et
EBRAHIM
J
_____________________________________________________
JUDGMENT:
EBRAHIM
J
_____________________________________________________
DELIVERED
ON:
5
MAY 2005
_____________________________________________________
[1] This matter was
placed before me on special review in response to a request from the
magistrate, Ladybrand which reads as follows:
“
The
charge was read out to her (accused), she understood the charge
against her. She pleaded guilty, Section 112(1) of Act 51/1977
was
applied. The accused was convicted, after that Prosecutor ‘proved’
no previous convictions against the accused.
On mitigation, the accused informed
the court that, she did not plead guilty the interpreter
misunderstood her, actually she pleaded
not guilty.
The Magistrate has no jurisdiction to
reverse, the verdict or the trial to start de novo.
With
due respect, I request that the Honourable Judge, to set aside the
conviction, in terms of Section 304(4) of Act 51/77.
The
case is remanded until the 18/03/2005 pending the outcome of the
Special review.
The record is returned herewith.”
[2] In the circumstances
the following order is made.
The conviction is set
aside.
The matter is remitted
to the court
a
quo
to
be heard
de
novo
before another magistrate.
_____________
S. EBRAHIM, J
I
concur.
________________
G.A. HATTINGH, J
/sp