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[2013] ZAGPPHC 191
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S v Masemola (A480/2013) [2013] ZAGPPHC 191 (9 July 2013)
NOT
REPORTABLE
IN THE NORTH GAUTENG HIGH COURT,
PRETORIA
REPUBLIC OF SOUTH AFRICA
CASE
NO: 639/13
CASE
NO: A480/2013
DATE:09/07/2013
In
the matter between:
THE STATE
and
MPUMI MASEMOLA
…...................................................................
Accused
JUDGMENT
Tuchten
J:
1.
The accused was convicted by a magistrate of assault and sentenced to
pay a fine with an alternative of imprisonment, with a
further fine
(with the alternative of imprisonment) suspended on certain
conditions.
2.
The day after passing sentence, the trial magistrate realised that
the suspended portion of the sentence exceeded the jurisdiction
provided by law and commendably immediately submitted the matter to
this court on special review. The acting head of the office
in which
the trial magistrate works supports the review.
3.
In these circumstances the sentence must be set aside. As sentence is
preeminently a matter for the trial court, the case will
be remitted
to the magistrate to pass sentence afresh.
4.
I make the following order:
1.
The conviction of Mpumi Masemola on a charge of assault in the
Springs Magistrate’s Court under case no. K225/13 is confirmed
but the sentence imposed is set aside.
2.
The case is remitted to the trial magistrate to pass sentence afresh.
NB
Tuchten
Judge
of the High Court
1
July 2013
I
agree.
SP
Mothle Judge of the High Court
1
July 2013
MasemolaR639.13