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[2013] ZAGPPHC 65
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Ngxongo v S (A115/13) [2013] ZAGPPHC 65 (21 February 2013)
NOT
REPORTABLE
(NORTH GAUTENG HIGH COURT, PRETORIA)
HIGH
COURT REF NO: 1209
CASE
NO: T 13443/12
REVIEW
NO: 21/12
CASE
NO:A115/13
DATE:21/02/2013
In
the matter between:
SIPHO NGXONGO ACCUSED
And
THE
STATE RESPONDENT
SPECIAL
REVIEW JUDGMENT
TEFFO
J,
1.
The accused was convicted and sentenced on a charge of contravening
Sec 58(1) of Act 93 of 1996 for failing to comply with a
direction of
a road traffic sign to wit a no over taking marking (barrier line).
He conducted his own defence and pleaded guilty
to the charge. He was
then convicted on 26 November 2012 following his plea.
2.
The magistrate imposed a sentence of R2000-00 or 2 (two) months
imprisonment wholly suspended for 3 (three) years on condition
that
the accused is not convicted of a similar offence during the period
of suspension.
3.
Sec 112(1)
(a) of Act 51 of 1977 was applied correctly however Sec
112 (1) (a)(i) of Act 51 of 1977 prescribes competent sentences to be
imposed.
The Minister has determined the amount of R1500-00 for
purposes of sec 112(1) (a) in the Government Gazette 24393 of 14
February
2003, Notice 239.
4.
After having carefully read the record I am of the view that the
sentence imposed exceeds the amount of R1500-00 and is therefore
not
a competent sentence as determined by the Minister in Government
Gazette-24393 of 14 February 2003, Notice 239 referred to
supra.
5.
It is also my view that the conditions of the suspended sentence are
not clear. The use of the word similar offence does not
fall within
the description of a competent sentence.
6.
I am therefore satisfied that these proceedings were irregular and
not in accordance with justice.
7.In
the premise I make the following order:
7.1The
sentence imposed is accordingly set aside.
7.2
The matter is remitted to the court a quo for the imposition of a
competent sentence.
MJ
TEFFO J
JUDGE
OF THE HIGH COURT (NORTH GAUTENG)
I
agree
AML
PHATUDI J
JUDGE
OF THE HIGH COURT
(NORTH
GAUTENG)