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South Africa: North Gauteng High Court, Pretoria
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[2014] ZAGPPHC 411
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S v Matulodi (A209/14) [2014] ZAGPPHC 411 (27 March 2014)
IN
THE NORTH GAUTENG HIGH COURT, PRETORIA
(REPUBLIC
OF SOUTH AFRICA)
27 March 2014
LANDDROSKANTOOR
MAGISTRATE’S
OFFICE
MIDDELBURG (MP)
THE STATE VERSUS
NAMEWE CHOEU RAYMOND MATULODI
Review case number:
MR 5/14/CP
High Court Reference
number: 18/14
Magistrate’s
serial number: LD54/13
Case number: 08/13
JUDGMENT
Fabricius J,
1. The accused
herein was found guilty of driving under the influence of liquor. The
concentration of alcohol in his blood was 0.23
gram per 100ml. He had
a previous conviction some 3 years before and was given a suspended
sentence of R4 000 or 12 months imprisonment.
The sentence was
suspended for 5 years. The presiding Magistrate viewed the
conviction, after a plea of guilty, in a serious light
and sentenced
the accused to imprisonment for 3 years, and also suspended his
driving licence for 2 years.
2. On review I asked
the Magistrate whether the sentence was not disproportionate to the
offence. The accused had not been involved
in any accident, no-one
had been injured, there was no evidence of any excessive speed nor of
any other traffic rule violation.
He also required his licence to
earn a living by conveying small volumes of oil which he collected.
In this manner he earned R3
500 per month and supported 7 children.
3. The presiding
Magistrate was of the view that sentence was probably unduly harsh,
but added that he had kept in mind the lawlessness
on the country’s
roads during the Christmas holidays. In this case the offence was
committed in September and the accused
was sentenced on 21 November
2013. In my view the general lawlessness on the roads is not only
visible during December. It is a
daily occurrence in the face of lack
of visible policing and enforcement of traffic laws and regulations.
If there is no respect
for the law throughout any given year, why
would one expect such respect during December?
4. The office of the
Director of Public Prosecutions was asked to comment. It agreed that
the sentence was disturbingly inappropriate,
as I had suggested.
5. In the premises
the sentence imposed is set aside in its totality, and substituted
with the following:
A
fine of R6 000 or 24 months imprisonment is imposed, of which R3 000
or 12 months is suspended for a period of 5 years on condition
that
the accused is not convicted of contravening
sections
65 (2) (a) read with
sections 1
,
3>
65
(3),
65
(4),
65
(8),
65
(9),
69
(1),
73
and
89
of the
National Road Traffic Act 93 of 1996
,
contravened during the period of suspension.
H. J. FABRICIUS
JUDGE OF THE HIGH
COURT
I agree
D. S. FOURIE
JUDGE OF THE HIGH
COURT