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South Africa: Free State High Court, Bloemfontein
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2011
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[2011] ZAFSHC 142
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S v Tsolo (294/2011) [2011] ZAFSHC 142 (1 September 2011)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Case No: 294/2011
In
the review between:
THE
STATE
and
MOEKETSI
TSOLO
JUDGEMENT
BY:
MATHEBULA, AJ
DELIVERED ON:
1 SEPTEMBER 2011
[1] The matter was sent
on special review by the magistrate, Bloemfontein. The accused was
convicted of contravening Section 5(B)
of Act 140 of 1992 (Dealing in
Dagga). The following sentence was imposed:-
“
R4000.00
(four thousands rand or 12(twelve) months imprisonment which is
wholly suspended for period of 5(five) years on condition
accused is
not again found guilty of contravening
SECTION
5(B) ACT 140/92
committed
during period of suspension. In terms of
SECTION
103(1) ACT 60/2000
accused
is declared unfit to possess firearm. Dagga declared forfeited to the
State.”
[2]
The magistrate correctly points out that he imposed and incomplete
sentence. See
S v MOSOLOTSANE
1993 (1) SACR 502
(O) at 503e – h.
The sentence ought to be
set aside.
[3] Usually in matters of
this nature, the matter must be referred to the magistrate for the
imposition of a competent sentence.
[4] I make the following
order:-
The conviction is
confirmed.
The sentence is set
aside and the matter is remitted to the magistrate so that he could
impose a competent sentence.
___________________
M.A. MATHEBULA, AJ
MAM/sp