South Africa: Eastern Cape High Court, Grahamstown

IN THE HIGH COURT OF SOUTH AFRICA

EASTERN CAPE PROVINCIAL DIVISION – GRAHAMSTOWN

Review No: 140007

Date delivered: 17/2/14

Not reportable

In the matter between:

THE STATE

and

EDGAR EYMAN

JUDGMENT

PLASKET J

[1] This special review illustrates, I suppose, that it is unsafe to assume that because a person pleads guilty to a charge he or she is in fact guilty.

[2] On 30 January 2014 in the Magistrate’s Court, Humansdorp, the matter of The State v Edgar Eyman, under case number 190/14, was called. A man claiming to be Edgar Eyman stepped into the dock, confirmed that he did not require legal representation after his right to be legally represented was explained to him and said that he had had access to the docket.

[3] After a charge of theft (of a roll of polony worth R10.88) was put to him, he pleaded guilty and the matter was dealt with in terms of s 112(1)(a) of the Criminal Procedure Act 51 of 1977. This provision allows a magistrate to convict a person on the basis of his or her plea of guilty, and without questioning him or her, if the magistrate is ‘of the opinion that the offence does not merit punishment of imprisonment or any other form of detention without the option of a fine or of a fine’ exceeding R1 500.

[4] The accused was then sentenced to a fine of R250 or 50 days imprisonment suspended on the usual condition for five years.

[5] Later that day, the real Edgar Eyman came forward to enquire when his case would be heard. It transpired that the man who had claimed to be him was in fact one Dawid Swart who was facing three charges under case number 146/14.  Swart had disappeared.

[6] Edgar Eyman’s case was then disposed of under a new case number and this matter was referred to this court to be reviewed and set aside.

[7] It is clear on the basis of the facts that I have set out that it must be set aside. I therefore make the following order.

The proceedings in case number 190/14 in the Magistrate’s Court, Humansdorp on 30 January 2014, including the conviction and sentence imposed on the accused, are set aside.

C. PLASKET

JUDGE OF THE HIGH COURT

I agree.

J J NEPGEN

ACTING JUDGE PRESIDENT