CASE NO.: CR 67/2012
THE HIGH COURT OF NAMIBIA
DIVISION, HELD AT WINDHOEK
the matter between:
COURT REVIEW CASE NO.: 1251/2012
J et MILLER, AJ
on: 18 July 2012
J:  The accused was convicted in the magistrate’s
court of reckless or negligent driving in contravention of section
80(1) of the Road Traffic and Transportation Act, 22 of 1999 as
amended, and sentenced to a fine of N$1 000.00 or 6 months
imprisonment. The accused was convicted of his plea of guilty in
terms of section 112(1)(a) of Act 51 of 1977. The fine was paid on
the same day.
presiding magistrate who forwarded this case on special review stated
that the State did not distinguish between reckless and negligent
driving and that the court also did not rectify the “anomaly”
prior to convicting the accused.
presiding magistrate stated having regard to the fine imposed by the
court the only reasonable inference to be drawn is that the accused
had been found guilty of negligent driving. The magistrate requested
that the accused be convicted of negligent driving.
is another example where the expeditious finalisation of a trial in
terms of section 112(1)(a) was given preference to the need to
question an accused in terms of section 112(1)(b) where an accused is
charged with a serious offence. Had the magistrate applied the
provisions of section 112(1)(b) it would not have been necessary for
him to have sent this matter on special review.
I agree with the magistrate that the conviction of reckless or
negligent driving is not legally sound.
the result the following order is made:
accused is convicted of negligent driving in contravention of
section 80(1) of Act 22 of 1999.
sentence is confirmed.