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[2018] ZANCHC 19
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S v Riet (4/2018) [2018] ZANCHC 19 (16 March 2018)
SAFLII
Note:
Certain
personal/private details of parties or witnesses have been
redacted from this document in compliance with the law
and
SAFLII
Policy
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTHERN-CAPE
HIGH COURT, KIMBERLEY)
CASE
NO: 4/2018
DATE:
16-03-2018
In
the special review judgment of:
THE
STATE
vs
KLAAS
TOLMAN RIET
CORAM:
WILLIAMS J et ERASMUS AJ
J U D G M E N T
WILLIAMS
J:
1.
The accused
Mr KT Riet was convicted in the Magistrates Court, Galeshewe, of a
contravention of s106 of Magistrates Court Act 32
of 1944 (contempt
of court by wilfully disobeying, refusing or failing to comply with
an order of court) and sentenced to:
“
12
(twelve) months imprisonment wholly suspended for a period of 3
(three) years on condition accused is not again convicted of
a
contravention of section 106 of Act 31 of 1944 and to vacate the
premises at [...] G. Street, Bokotshong on/before 1 August 2017.”
2.
The matter
was sent on special review by the presiding magistrate with the
request that the sentence be corrected to include the
words
“
committed
during the period of suspension”
.
3.
The
statutory penalty under s 106 of Act 32 of 1944 is
inter
alia
imprisonment for a period not exceeding six months. I therefore
enquired from the magistrate how twelve months imprisonment
could be
justified. The magistrate promptly responded, admitted to an
oversight on his part and requested that the twelve
months
imprisonment imposed be corrected to six months.
The
following order is therefore made:
a)
The
sentence imposed is set aside and replaced with the following:
“
The
accused is sentenced to 6 (six) months imprisonment wholly suspended
for a period of 3 (three) years on condition that the accused:
(1)
is not again convicted of contravening section 106 of Act 32 of 1944
committed during the period of suspension; and
(2)
vacate the premises at [...] G. Street, Boikotshang, Galeshewe, on or
before 1 August 2017”
______________________
C.C
WILLIAMS
JUDGE
I
concur
_______________________
SL
ERASMUS
ACTING
JUDGE