- S v Machaba and Another 2016 (1) SACR 1 (SCA)
Section 60(11B)(a) and (c) of the Criminal Procedure Act 51 of 1977 (“the CPA”) provide as follows:
“(11B)(a) In bail proceedings the accused, or his or her legal adviser, is compelled to inform the court whether –
(i) the accused has previously been convicted of any offence; and
(ii) there are any charges pending against him or her and whether he or she has been released on bail in respect of those charges.
(c) The record of the bail proceedings, excluding the information in paragraph (a), shall form part of the record of the trial of the accused following upon such bail proceedings: Provided that if the accused elects to testify during the course of the bail proceedings the court must inform him or her of the fact that anything he or she says, may be used against him or her at his or her trial and such evidence becomes admissible in any subsequent proceedings.”
Section 235 of the CPA provides as follows:
“235. Proof of judicial proceedings
(1) It shall, at criminal proceedings, be sufficient to prove the original record of judicial proceedings if a copy of such record, certified or purporting to be certified by the registrar or clerk of the court or other officer having the custody of the record of such judicial proceedings or by the deputy of such registrar, clerk or other officer or, in the case where judicial proceedings are taken down in shorthand or by mechanical means, by the person who transcribed such proceedings, as a true copy of such record, is produced in evidence at such criminal proceedings, and such copy shall be prima facie proof that any matter purporting to be recorded thereon was correctly recorded.
(2) Any person who, under subsection (1), certifies any copy as true knowing that such copy is false, shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding two years.”
Section 115 of the CPA is about the procedure to be followed where an accused person pleads not guilty at a summary trial and where any statement made by such accused person during plea procedure, may be recorded as an admission under certain specified circumstances.