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

High Court overturns theft conviction due to magistrate's prior knowledge.

The North West High Court has set aside the conviction and 12-month prison sentence imposed on a man who stole socks worth R239.96 from a Lichtenburg shop after finding that the magistrate who convicted him had previously been told about his criminal record.

Simon Mmote Twai was convicted in the Lichtenburg Magistrate’s Court after pleading guilty to theft. He was sentenced to 12 months’ direct imprisonment in June 2026.

The case came before the North West High Court, Mahikeng, on automatic review. The review centred on the fact that the same magistrate who sentenced Twai had presided over his first appearance, during which he disclosed that he had previous convictions, including five for theft.

Twai first appeared in court in February 2026 after allegedly stealing multiple pairs of socks worth R239.96 from a store at Lichtenburg Mall two days earlier.