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South Africa: Free State High Court, Bloemfontein
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[2011] ZAFSHC 167
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S v Mekoa (37/2011) [2011] ZAFSHC 167 (27 October 2011)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Review No. : 37/2011
In the review between:
THE STATE
versus
SEIPATI DIKELEDI
MEKOA
_____________________________________________________
CORAM:
VAN
ZYL, J
et
ZIETSMAN, AJ
_____________________________________________________
JUDGMENT
BY:
ZIETSMAN, AJ
DELIVERED ON:
27
OKTOBER 2011
_____________________________________________________
[1] This is a special
review submitted by the Regional Magistrate Bloemfontein in term of
section 304 (4) of Act 51 of 1977.
[2] Accused was convicted
by the regional Magistrate in terms of section 72 (4) of Act 51 of
1977 for failure to appear in Court
after accused was properly warned
to do so.
[3] The accused was
convicted and sentenced on 28 September 2011 to R500 (five) or 30
(thirty) days imprisonment.
[4] Section 72 (4) only
makes provision for a maximum sentence of R300 (three) or 3 (three)
months imprisonment.
[5] Therefor the sentence
imposed on 28
th
of September 2011 is set aside and
replaced with a sentence of R200 (two) or 30 (thirty) days
imprisonment.
________________
P. ZIETSMAN, AJ
I agree.
____________
C. VAN ZYL, J