The Director of Public Prosecutions: Gauteng Division, Pretoria v Buthelezi

The respondent, Lucky Anthony Buthelezi, was charged in the Regional Court, Vereeniging, with the rape of a 13-year-old girl, who was his aunt’s child. On 28 March 2011, he lured the complainant while she was playing in the street, took her towards a shop, pushed her into nearby bushes and raped her. She sustained multiple genital injuries consistent with forceful penetration. The respondent pleaded guilty and was convicted. The regional court sentenced him to life imprisonment under the minimum sentencing regime. On appeal, the Gauteng Division of the High Court set aside the life sentence and imposed 15 years’ imprisonment, holding that s 51(1) of the Criminal Law Amendment Act 105 of 1997 did not apply due to an error in the charge sheet and that the regional court lacked jurisdiction to impose life imprisonment. The Director of Public Prosecutions appealed to the Supreme Court of Appeal under s 311(1) of the Criminal Procedure Act 51 of 1977.

The appeal was upheld. The order of the High Court was set aside and replaced with an order dismissing the appeal against sentence and confirming the conviction and life sentence imposed by the regional court.

The case reaffirms the scope of the State’s automatic right of appeal on questions of law under s 311 of the Criminal Procedure Act. It clarifies that typographical or technical errors in charge sheets do not invalidate the application of minimum sentencing legislation where the accused is properly informed and not prejudiced. It also confirms the jurisdiction of regional courts to impose life imprisonment following the 2007 legislative amendments.