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[2012] ZAFSHC 67
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S v Ntlhola (569/2010) [2012] ZAFSHC 67 (26 March 2012)
FREE
STATE HIGH COURT, BLOEMFONTEIN
REPUBLIC
OF SOUTH AFRICA
Review No : 569/2010
In
the review between:-
THE STATE
and
MAKHOTSO ELIZABETH
NTLHOLA
…..............................
Respondent
JUDGMENT BY:
VAN ZYL, J
_____________________________________________________
DELIVERED ON:
26 MARCH 2012
_____________________________________________________
[1] This matter served
before me as a special review in terms of Section 304(4) of the
Criminal Procedure Act, 51 of 1977 (hereinafter
referred to as “the
Act”).
[2] The accused pleaded
guilty to three charges of theft, whereafter the learned Magistrate
invoked the provisions of Section 112(1)(a),
convicted the accused
and then (taking all three counts together for purposes of
sentencing) sentenced the accused to a fine of
two thousand rand (R2
000-00) or sixty (60) days imprisonment. The Magistrate thereafter
referred the matter to this court on special
review based on the fact
that the fine which was imposed, is not within the parameters of
Section 112(1)(a) of the Act.
[3] As also indicated in
her letter accompanying the request for special review, the
Magistrate submitted that the convictions of
the accused were in
accordance with justice. I cannot fault this submission and therefore
the convictions are to be confirmed.
[4] With regard to the
sentence, it is evident from the provisions of Section 112(1)(a) that
the said section can only be invoked
in,
inter alia
,
circumstances where the fine does not exceed the amount of R1 500-00.
See GOVERNMENT NOTICE R239 IN GOVERNMENT GAZETTE 24393 OF
14 FEBRUARY
2003. It is therefore evident that the imposed sentence is in fact
outside the aforesaid parameters and has to be set
aside.
[5] After having
considered the seriousness of the three offences, the personal
circumstances of the accused and the interests of
the community, I
consider a sentence of payment of a fine of one thousand five hundred
rand (R1 500-00) or forty-five (45) days
imprisonment to be an
appropriate sentence.
[6] I consequently make
the following order:
The convictions of the
accused are confirmed.
The sentence of the
accused is set aside and replaced by the following:
“
Payment of a
fine of one thousand five hundred rand (R1 500-00) or forty-five (45)
days imprisonment.”
_____________
C. VAN ZYL, J