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[2013] ZAFSHC 56
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S v Moreki (77/2013) [2013] ZAFSHC 56 (1 April 2013)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Case No.: 77/2013
In the matter between:
THE STATE
and
MOLEBOGENG MOREKI
_______________________________________________________
CORAM:
JORDAAN, J
et
FISCHER, AJ
_______________________________________________________
JUDGMENT:
FISCHER, AJ
_______________________________________________________
REVIEW ORDER
_______________________________________________________
[1] Molebogeng Moreki was
on 31 January 2013 charged with the crime of malicious injury to
property, it being alleged that on or
about 9 August 2012 and at or
near Moshoeshoe, in the magisterial district of Bloemfontein, he
unlawfully and intentionally damaged
a window valued at approximately
R200.00, being the property of alternatively in lawful possession of
one Nomonde Patricia Moreki.
[2] The accused was
legally represented, tendered a plea of guilty to the charge of
malicious injury to property, was subsequently
found guilty as
charged in terms of section 112(1)(a) of Act 51 of 1977 and find
R2 500,00 (two thousand five hundred rand),
alternatively three
months imprisonment, wholly suspended for 5 years subject to certain
conditions.
[3] The matter has now
been referred as a special review in terms of
section 304(4)
of the
Criminal Procedure Act, 51 of 1977
as the presiding magistrate
conceded that the fine imposed was in excess of the limit of
R1 500,00 (one thousand five hundred
rand) provided for in terms
of
section 112(1)(a)
of Act 51 of 1977.
[4] The presiding officer
is quite correct in making the concession in that the amount
determined by the Minister in the Government
Gazette was at all
material times limited to R1 500,00 (one thousand five hundred)
in terms of Government Notice R289, Government
Gazette 2393 of 14
February 2003.
[5] The Minister of
Justice and Constitutional Development has subsequently and with
effect from 1 February 2013 and, pursuant to
the publication of
Government Notice R62, dated 30 January 2013 increased such amount to
R5 000,00 (five thousand rand) with
effect from 1 February 2013.
[6] In the circumstances
and as requested by the presiding officer the following order is
made:
6.1. The conviction is
confirmed;
6.2. The sentence is set
aside and the record is remitted back to the Magistrate for the
imposition of an appropriate sentence in
accordance with the
legislation imposed by the Minister in terms of Government Notice
R289, Government Gazette 2393 of 14 February
2003.
_______________
P.U. FISCHER, AJ
I concur.
________________
F. JORDAAN, J
/eb