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[2013] ZAFSHC 98
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S v Shau (97/2013) [2013] ZAFSHC 98 (27 June 2013)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No.: 97/2013
In
the review between:
THE
STATE
and
DAVID
SHAU
_____________________________________________________
CORAM:
KRUGER, J
et
ZIETSMAN, AJ
_____________________________________________________
JUDGMENT BY:
ZIETSMAN, AJ
_____________________________________________________
DELIVERED ON:
27 JUNE 2013
[1] This case came before
us as a special review in terms of
section 304(4)
of the
Criminal
Procedure Act, 51 of 1977
. It was sent together with review number
96/2012, the State v Huhu as the aforementioned matters dealt with
the same issue, namely
that the magistrate worded a condition of
suspension by incorporation of
section 300
(compensation order),
which should not have been done.
[2] In review 96/2012,
Jordaan J and Fischer AJ delivered a judgment on 16 May 2013 which
altered condition (ii) of the sentence
in that the reference to
section 300
of Act 51 of 1977 was substituted by
section
297(1)(a)(i)(aa)
of the
Criminal Procedure Act, 51 of 1977
. The only
difference between the two matters was the amount of compensation
ordered. In the present matter, S v David Shau, the
magistrate
ordered payment of compensation in the amount of R10 000,00 in
instalments of R600,00 a month, the first instalment
to be on the 1
st
of March 2013.
[3] The regional
magistrate requests that the sentence be amended by the deletion of
the reference to
section 300
of Act 51 of 1977. I am in agreement
with the acting regional magistrate.
[4] The following order
is made:
The sentence imposed is
altered with specific reference to condition (ii) which is now to
read as follows:
“
(ii)
That the accused compensate the complainant in terms of
section
297(1)(a)(i)(aa)
of the
Criminal Procedure Act, 51 of 1977
in the
amount of R10 000,00 (ten thousand rand). Such amount is payable
in monthly instalments of R600,00 (six hundred rand)
per month at the
clerk of the court, Magistrate’s Court Bloemfontein. The first
instalment is payable on or before the 1
st
March 2013 with the remaining instalments on or before the 1
st
day of each succeeding month until such amount is paid in full.”
________________
P. ZIETSMAN, AJ
I concur.
_____________
KRUGER, J
/eb