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IN THE HIGH COURT OF SOUTH AFRICA

(GAUTENG DIVISION, PRETORIA)

Review Case Number: 167/17

Not reportable

Not of interest to other judges

Revised.

15/06/2017

In the matter between:

THE STATE

AND

NEO HLONGWANE

 

REVIEW JUDGMENT

 

Special Review in terms of s. 304 A (a) of the Criminal Procedure Act

Fabricius J,

 

1.

This Special review was placed before me by the Magistrate, Shoshanguve on the basis that the proceedings against the accused were not in accordance with justice.

 

2.

The accused pleaded guilty to a charge of stealing two chicken pies. He was duly convicted. According to the charge sheet he was 28 years old.

 

3.

It then appeared that the accused was in fact below the age of 18. This meant that the procedure envisaged by s. 85 of the Child Justice Act 75 of 2008, should have been followed.

 

4.

The proceedings must therefore be set aside, and this is accordingly done.

 

________________________

JUDGE H.J FABRICIUS

JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA

 

And

 

I Agree

 

_________________________

JUDGE D. S. FOURIE

JUDGE OF THE HIGH COURT GAUTENG DIVISION, PRETORIA

 

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