Reportable

Republic of South Africa
IN THE HIGH COURT OF SOUTH AFRICA 
(WESTERN CAPE HIGH COURT, CAPE TOWN)

High Court Ref. No. 121093

Magistrate’s Serial No

THE STATE

V

DATE OF JUDGMENT	21 December 2012

Reportable

THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE HIGH COURT)
REVIEW CASE NO. C512/11 HIGH COURT REF. NO. 121093 MAGISTRATE’S SERIAL NO.
THE STATE
VS
CHASLIN WILLIAMS	ACCUSED
REVIEW JUDGMENT
NDITA: J
[1] This matter came before me by way of special review. The accused was charged and convicted of escaping from lawful custody in the George magistrate court in contravention of section 117 (a) read with section 1 of the Correctional Services Act 111 of 1998 (‘the Act’), as amended. The allegation is that he escaped from a place of safety known as House Onteniqua, George. The accused, who was legally represented pleaded guilty to the charge. A statement made in terms of s 112 (2) of the Criminal Procedure Act 51 of Act 51 of 1977 wherein the accused admitted all the elements of the offence was read into the record. He was thus convicted on the basis of his plea. He was cautioned and discharged.

[3] Before the amendment, s 117 was applicable to ‘any prisoner’. Pursuant to the amendment, it applies to ‘any person’. In order to fully comprehend the persons to whom this section is intended to apply, it is necessary to refer to the relevant portions of s 1 of the Act. Section 1 provides that:
'....and for the purposes of sections 115 and 117 ... prisoner’ means any person, whether convicted or not, who is detained in custody in any prison or who is being transferred in custody or is en route from one prison to another prison.’

(1) A presiding officer may order the detention of a child who is alleged to have committed any offence in a specified child and youth care centre/

'An accused may not be found guilty of a crime and sentenced unless the type of conduct with which he is charged
(a) Has been recognised by the law as a crime,
(b) In dear terms,
(c) Before the conduct took place
(d) Without the court having to stretch the meaning of the words and concepts in the definition to bring the particular conduct of the accused within the compass of the definition., and
(e) After the conviction the imposition of punishment also complies with the four principles set out immediately above.’

(I) not to be convicted for an act or omission that was not an offence under either national or international law at the time it was committed.’

[7] In the result, 1 propose that both conviction and sentenced be reviewed and set aside.
NDITA; J
I agree, and it is so ordered
YEKISO; J