About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2018
>>
[2018] ZAFSHC 37
|
|
S v Motake (R25/2018) [2018] ZAFSHC 37 (15 March 2018)
IN
THE HIGH COURT OF SOUTH AFRICA,
FREE
STATE DIVISION, BLOEMFONTEIN
Reportable:
YES/NO
Of
Interest to other Judges: YES/NO
Circulate
to Magistrates: YES/NO
Review
number: R25/2018
In
the matter between:
THE
STATE
and
BOITHATELO BEN
MOTAKE
CORAM:
REINDERS, J et LOUBSER, J
JUDGMENT
BY:
LOUBSER, J
DELIVERED
ON:
15 MARCH 2018
JUDGEMENT
ON SPECIAL REVIEW
[1] This matter came
before me as a Special Review in terms of
Section
304(4)
of
the Criminal Procedure Act. It appears from the record of
proceedings in the Magistrate’s Court of Clocolan that
the
accused has been found guilty of exceeding the speed limit in the
area of Clocolan by driving his vehicle at a speed of 165
km per
hour. The Magistrate sentenced him to a fine of R4000.00 or 12
months imprisonment,
“
half
suspended for a period of 3 years on condition that the accused
is not convicted of contravening
Section
59(1) Act 93/1996
committed during the period of suspension.”
It
was further ruled by the Magistrate that
Section
35
of
the Act shall not take effect.
[2]
In a note requesting a special review of the sentence, the Magistrate
remarked as follows:
“
I
concede that this is due to an oversight on my part and I
apologise
.”
The Magistrate did not
indicate what the oversight was.
[3]
From the record of proceedings it appears that the Magistrate had
intended to suspend half of the fine and half of the alternative
term
of imprisonment for a period of three years, and not only half of the
alternative term of imprisonment.
[4]
The sentence imposed by the Magistrate creates the impression that
only half of the alternative term of imprisonment was suspended,
which makes no sense. Also, the suspension refers to a
contravention of
Section
59(1)
which Section only provides that the speed limit shall be as
prescribed.
Section
59(4)
is actually the Section creating the offence.
[5] The following order
is therefore made:
1.
The
sentence imposed by the Magistrate is set aside and substituted with
the following:
The
accused is sentenced to a fine of R4000.00 or 12 Months imprisonment,
half of which fine and term of imprisonment is suspended
for a period
of 3 years on condition that the accused is not convicted of
contravening Section 59(4) of Act 93/1996, committed
during the
period of suspension.
Section
35 Act 93/1996
shall
not take effect.
_______________
P.
J. LOUBSER, J
I
concur:
________________
C. REINDERS, J
/db