South Africa: High Courts - Gauteng

         The accused allegedly ignored two stop streets in the town of Amersfoort.

         A sharp police officer spotted this misdeed and served a notice to appear in court upon the accused in terms of the provisions of section 56 of Act 51 of 1977.

         The accused duly appeared in court on 1 August 2005. He pleaded guilty on both charges and was convicted.

         After the accused failed to appear on the postponed date to be sentenced, it was discovered that he had, after having been convicted, paid an amount of R1 500,00 as an admission of guilt.

         This admission of guilt was accepted.

         Unfortunately, the prosecution was thereafter terminated and it was only after a quality inspection toward the end of the year that it was discovered that this procedure is not authorized by the Criminal Procedure Act 51 of 1977.

         Section 57, read with section 57A of the Criminal Procedure Act clearly determines that an admission of guilt can only be accepted prior to a plea in court.

         Even if the accused tendered the plea of guilty, as in this case, the admission of guilt has to be accepted prior to the accused’s appearance in court to be valid in terms of the authorised arising provision of the statute.

         Under the circumstances, the state has suggested that the admission of guilt and its acceptance should be set aside and the sum of R1 500,00 be repaid to the accused. This is the only way to correct this unfortunate error.

         The accused must be informed and notified that he has to appear in court again to be duly sentenced in finalisation of the prosecution that was put in train when he first appeared before the trial magistrate.

         It is recommended that he be granted an appropriate discount on the fine that will have to be imposed upon him during the continuation of the proceedings, in view of the totally unnecessary inconvenience to which the accused is being put, and in respect of which he is truly innocent.

                                                               E BERTELSMANN
                                                               JUDGE OF THE HIGH COURT

                                             I agree



                                                               R D CLAASSEN
                                                               JUDGE OF THE HIGH COURT
279-2005


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