Judge overturns sentence of man who stole socks due to magistrate's knowledge of his criminal record

The North West High Court has annulled the conviction and 12-month prison term of Simon Mmote Twai, who was found guilty of stealing socks from a Lichtenburg shop. The court determined that the magistrate who convicted him, Magistrate C Wessels, had been previously informed of Twai's criminal history including five prior theft convictions.

Wessels administered a warning to Twai following his arrest in February 2026 for allegedly stealing multiple pairs of socks worth R239.96 from a Lichtenburg Mall store. Wessels subsequently heard every subsequent court appearance in the case. In March 2026, Wessels accepted Twai's guilty plea and sentenced him to 12 months of direct imprisonment in June.

However, the High Court found that Wessels' prior knowledge of Twai's criminal record created an irregularity, as a judicial officer should not have that information before determining guilt. The court ruled that the proceedings were vitiated by this irregularity, and that both the conviction and sentence were invalid. Twai's case will now be remitted to the Lichtenburg Magistrate's Court for a new trial before an impartial magistrate.