An identity mix-up at the Komatipoort Magistrate’s Court has resulted in an accused being sentenced under another accused’s case number, reports The Citizen.

On 24 July, George Ngobeni appeared before Komatipoort Magistrate’s Court under case no. K212/2026 and was remanded to 13 August for trial.

He remained in custody.

On the same date, another accused, David Ngoveni, appeared before the same court under case no. K213/2026. The court also remanded him to the same date as Ngobeni and kept him in custody.

Both face a charge of contravening the Immigration Act 13 of 2002 for being illegally in the country.

Although Ngoveni and Ngobeni are spelt differently, they are pronounced the same. When the two made another court appearance on 18 August, the public prosecutor called case no. K213/2026 using only the surname.

Ngobeni took the stand. He was charged, pleaded guilty and was convicted and sentenced. But case K213/2026 belongs to Ngoveni.

When case no. K212/2026 was called, Ngobeni, who appeared under case no. K213/2026, and who had already been convicted and sentenced, appeared again.

When the case was called, the court used Ngobeni’s full name. The magistrate realised that Ngobeni appeared under the wrong case number. His correct case number was K212/2026, not K213/2026. 

Realising that she had already convicted the same accused under case no. K213/2026, the magistrate did not proceed, and sent the matter to the High Court for special review.

The Mpumalanga High Court (Mbombela) set aside Ngoveni’s conviction and sentence and ordered that the matter be sent back to the Magistrate’s Court for a new trial.

The court said ‘there is nothing to review under case no. K212/2026, as no trial took place under that case number’.

Full report in The Citizen

Judgment