IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION
CA 80:08

In the matter between:

THE STATE and
DICHABA MOHUMI

REVIEW JUDGMENT

[1] This matter came before me on special review. The presiding Regional Court Magistrate asked this court to set aside the conviction he had pronounced in this matter because of the error he made.

[2] The accused in this matter was charged with rape read with the provisions of section 51(1) of the Criminal Law Amendment Act 105 of 1977 in that he raped a 12 year old child.

[7] Having considered the explanation given by the presiding officer and having read the record of proceedings, I am satisfied that, the verdict that was pronounced by the presiding officer was erroneously meted out and does not reflect what the presiding officer intended. I am also of the view that in the circumstances of this case, a reasonable time has lapsed before the mistake could be detected and therefore agree with the presiding Magistrate that it became impossible for him to correct his mistake as provided by section 176 of the Criminal Procedure Act.

[8]    Consequently the following order is made:

"Accused is found guilty of rape as referred to in Part I of Schedule 2 to Act 105 of 1997."

A M KGOELE
ACTING JUDGE OF THE HIGH COURT

I agree

R D HENDRICKS
JUDGE OF THE HIGH COURT