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South Africa: Free State High Court, Bloemfontein
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South Africa: Free State High Court, Bloemfontein
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2014
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[2014] ZAFSHC 168
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S v Majoro (185/2014) [2014] ZAFSHC 168 (9 October 2014)
IN THE HIGH COURT
OF SOUTH AFRICA
FREE STATE
DIVISION, BLOEMFONTEIN
Review
No. : 185/2014
DATE:
09 OCTOBER 2014
In the review
between:-
THE STATE
versus
MOTLATSI SIMON
MAJORO
CORAM: RAMPAI,
AJP et JORDAAN, J
JUDGMENT BY:
JORDAAN, J
DELIVERED ON: 9
OCTOBER 2014
[1] This matter was
sent for special review in terms of
section 304(4)
of the
Criminal
Procedure Act, 51 of 1977
by the senior magistrate of Welkom.
[2] It appears that
the accused was charged with contravention of
section 4(b)
of Act 140
of 1992 / possession of undesirable dependence producing substance
(dagga). The accused was legally represented and
pleaded guilty
whereupon a statement in terms of
section 112(2)
of the
Criminal
Procedure Act, in
support of his plea, was handed up and on the
strength of which he was convicted as charged. He was sentenced to 3
(three) months
imprisonment or a fine of R1 500,00 wholly suspended
for a period of three years on condition that the accused is not
convicted
of the contravention of the
Drugs and Drug Trafficking Act,
140 of 1992
, committed during the period of suspension.
[3] The senior
magistrate correctly points out that the conditions of suspension is
vague, wide and non-specific to an extent that
it is prejudicial to
the accused and not legally tenable. He suggests that the conviction
be confirmed, but the sentence be amended
to correct the aforesaid
problem.
[4] In the result,
the conviction is confirmed, but the sentence set aside and replaced
with the following:
“Fined R1
500,00 or 3 (three) months imprisonment, wholly suspended for a
period of three years on condition that the accused
is not convicted
of contravention of
section 4
of Act 150 of 1992, committed during
the period of suspension.”
A.F. JORDAAN, J
I concur.
M.H. RAMPAI, AJP
spieterse