Shiburi v The State

The appellant, Mr Ntsako Shiburi, was an unrepresented accused who pleaded guilty in the regional court to three counts of rape. During questioning in terms of s 112(1)(b) of the Criminal Procedure Act 51 of 1977, he stated that in respect of counts 1 and 2 he acted under instruction from an older companion who was wielding a knife. The regional court nevertheless convicted him on counts 1 and 2 on the basis of his guilty pleas. In respect of count 3, the court altered the plea to not guilty under s 113 of the CPA, heard evidence, and convicted him. His appeal to the Limpopo Division of the High Court was dismissed. He then appealed to the Supreme Court of Appeal.

The appeal was upheld by the majority. The convictions and sentences were set aside. The matter was remitted to the regional court to proceed in terms of s 113 of the Criminal Procedure Act in respect of counts 1 and 2. The appeal in respect of count 3 was also upheld, resulting in the setting aside of that conviction.

The case is significant for clarifying the proper application of s 112(1)(b) of the Criminal Procedure Act. It reaffirms that courts must accept an accused’s explanation as true at the plea stage and must alter a guilty plea if a possible defence is disclosed, thereby reinforcing fair trial protections for unrepresented accused persons.