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2015
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[2015] ZAFSHC 27
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S v Monyake (246/2014) [2015] ZAFSHC 27 (19 February 2015)
IN
THE HIGH COURT OF SOUTH AFRICA
FREE
STATE DIVISION, BLOEMFONTEIN
Review
No. : 246/2014
In
the case between:
THE
STATE
and
MOTJAPI
JOHANNES MONYAKE
CORAM:
C.J. MUSI, AJP et MOCUMIE, J
JUDGMENT:
C.J. MUSI, AJP
DELIVERED
ON:
19 FEBRUARY 2015
[1]
This is an automatic review. The accused was convicted of
contravening section 4 (3) of Act 4 of 2005 by conveying passengers,
in a private vehicle, for reward. He was sentenced as follows:
“
R1000.00
or 4 (four) months imprisonment wholly suspended for a period of 3
(three) years on condition that accused is not convicted
of
contravention of section 4 (3) of Act
140
of 1992
committed during the period of
suspension…” (My underlining)
[2]
I asked the magistrate whether there is a link between the conviction
and the condition of suspension.
[3]
The magistrate replied that it was an oversight and that she intended
to write section 4 (3) of Act 4 of 2005.
[4]
It is clear that the magistrate used the wrong Act because Act 140 of
1992 is the Drugs and Drug Trafficking Act, which has
nothing to do
with the transportation of passengers for reward.
[5]
The condition of suspension ought to be corrected. The sentence
should also be adjusted because the imprisonment part
is
disproportionate to the fine.
[6]
I therefore make the following order:
a) The conviction is
confirmed.
b) The sentence is
set aside and replaced with the following:
R1000.00
or 20 (twenty) days imprisonment which is suspended for 3 (three)
years on condition that the accused is not convicted
of contravening
section 4 (3) of Act 4 of 2005 committed during the period of
suspension.
______________
C.J.
MUSI, AJP
I
concur.
________________
B.C.
MOCUMIE, J