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[2013] ZAFSHC 58
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S v Moholo (76/2013) [2013] ZAFSHC 58 (1 April 2013)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Case No.: 76/2013
In the matter between:
THE STATE
and
TSIETSI BENJAMIN
MOHOLO
_______________________________________________________
CORAM:
JORDAAN, J
et
FISCHER, AJ
_______________________________________________________
JUDGMENT:
FISCHER, AJ
_______________________________________________________
REVIEW ORDER
_______________________________________________________
[1] Tsietsi Benjamin
Moholo was on 31 January 2013 charged with assault, it being alleged
that on or about 27 February 2013 and
at or near Bloemfontein, in the
magisterial district of Bloemfontein, he unlawfully and intentionally
assaulted one Dineo Semanyo
by hitting her with his fists.
[2] The accused conducted
his own defence and tendered a plea of guilty to the charge and was
subsequently found guilty as charged
in terms of
section 112(1)(a)
of
the
Criminal Procedure Act 51 of 1977
and fined R3 000,00 (three
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 51 of
1977 as the presiding magistrate conceded that the fine imposed by
him 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 the
aforementioned Act.
[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