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[2017] ZAGPPHC 912
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S v Hlatswayo (A104/12) [2017] ZAGPPHC 912 (9 March 2017)
OFFICE OF THE CHIEF
JUSTICE
(REPUBLIC OF SOUTH
AFRICA)
High
Court Ref. No.
H3/17
Magistrates
serial no. H3/20127
Case
no.
A222/873/16
THE STATE
VERSUS
BAFANA
JOSEPH HLATSWAYO
REVIEW JUDGEMENT
1.
The accused was convicted of contravention 1Df section 1(1)(a) of the
Trespass Act 6 of 1959 and sentenced to 3 three years imprisonment.
2.
The matter was subsequently, in terms of the 11 provisions of section
304(4) of the Criminal Procedure Act, forwarded by the Chief
Magistrate of Pretoria to be reviewed.
3.
The ground for review is that the imposed 3 years imprisonment
exceeds the prescribed limit of (2) two years provided for in
Section
2 of the Trespass Act.
4.
This was clearly an oversight, admitted by the trial Magistrate, and
the sentence should be set aside.
5.
The Chief Magistrate also remarked that the accused was (incorrectly)
convicted of contravention of section 1(1)(a) in that there
is
"no
subsection 1 in section 1".
A careful reading of the Act
reveals that there is indeed a section 1(1)(a). Accordingly there was
nothing wrong with the charge
sheet and the conviction.
ORDER:
(a)
The
sentence of (3) three years imprisonment is reviewed and set aside.
(b)
The
matter is remitted to the trial Magistrate to impose sentence afresh
in the presence of the accused.
____________________ ___________________
AJBAM
S
POTTERILL
JUDGE
OF THE HIGH COURT
JUDGE OF THE HIGH COURT