Judges James Lekhuleni and Constance Nziweni were making a decision following a joint review of the cases of Mthunzi Ndzishe and William Fisher, who were both charged with drug possession but were tried by the same magistrate. capetown
Concern over the persistent failure of magistrates from the Cape Town Magistrate’s Court to make sure accused people fully understand the meaning and consequences of their admissions has been voiced by two Western Cape High Court judges.Judges James Lekhuleni and Constance Nziweni were making a decision following a joint review of the cases of Mthunzi Ndzishe and William Fisher, who were both charged with drug possession but were tried by the same magistrate.
In the Ndzishe case, it was alleged that he had been found in possession of nine mandrax tablets, three packets of tik and one tik lolly on Strand Street, Cape Town on 24 December. The magistrate rendered a guilty verdict after questioning the defendant in accordance with the section. The accused were subsequently found guilty on the strength of their guilty pleas.
The affidavit required by the CPA, which was intended to establish the identity of the substances, was clearly overlooked during the plea negotiations, according to the judges who reviewed the cases.
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