About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: North Gauteng High Court, Pretoria
SAFLII
>>
Databases
>>
South Africa: North Gauteng High Court, Pretoria
>>
2010
>>
[2010] ZAGPPHC 585
|
|
S v Mngomezulu (C 746/09) [2010] ZAGPPHC 585 (11 February 2010)
IN
THE HIGH COURT
OF
SOUTH AFRICA
(NO
RTH
GAUTENG DIVISION)
DATE
11
February 2010
Case:
A91/10
Magistrate
BRAKPAN
Review
Case No:
C
746/09
Supreme
Court Ref No:
1262
Magistrate
Serial No: 24/09
THE
STATE V SIFISO MNGOMEZULU
REVIEW
JUDGMENT
RAULINGA, J
[1]
In this matter the accused pleaded guilty as charged. After the state
had accepted the plea the magistrate subsequently convicted
him
without questioning in lerms of section 112 (1) (a) of Art 51 of
1977.The accused was then sentenced to R 1000-00 or six months
imprisonment. He was further declared unfit to possess a firearm in
terms of section 103 (2) of Act 60 of 2000.
[2] In response to a
query by this coir "ie magistrate concedes that she indeed has
exceec-.-o her sentencing mandate and that
the sentence should be
altered. She hcwever is of the opinion that the declaration of the
accused in terms of section 103 (2) of
Act 60 of 2000, that the
accused is unfit to possess a Hrear : auk! stand.
[3] It is clear from
the record of proceedings that no enquiry was held as required by the
section before accused was declared unfit
to possess a firearm.
[4]
The DPP's office suggests that the matter be remitted back to the
magistrate to enable her to clarify issues raised in paragraphs
4 and
5.4. I find this route a little cumbersome and not the most viable in
the intere
st
of
justice.
[5] In the
circumstances I would order that.
[a] the sentence be
set aside
[b]
the record of proceecings
dq
remitted
;ack to the magistrate for her to impose a proper sentence.
TJ. Raulinga
[Judge of the High
Court]
I agree
P. Ebersohn
[Acting Judge of the
High Court]