About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: Free State High Court, Bloemfontein
SAFLII
>>
Databases
>>
South Africa: Free State High Court, Bloemfontein
>>
2010
>>
[2010] ZAFSHC 115
|
|
S v Qacha (601/2009) [2010] ZAFSHC 115 (12 August 2010)
FREE STATE HIGH
COURT, BLOEMFONTEIN
REPUBLIC OF SOUTH
AFRICA
Case No.: 601/2009
In the matter between:
THE STATE
and
QACHA PINKI
CORAM:
CILLIé, J
et
BOONZAAIER, AJ
JUDGEMENT:
CILLIé, J
_______________________________________________________
DELIVERED ON:
12 AUGUST 2010
[1] The accused in this
matter, a Lesotho citizen, pleaded guilty to a contravention of
section 49(1)(a)
of the
Immigration Act No. 1 of 2002
by entering the
Republic without the necessary permit or other documents.
[2] The state accepted
the plea and requested the court to proceed in terms of
section
112(1)(a)
of the
Criminal Procedure Act No 51 of 1977
. No
interrogation by the court followed and the accused was forthwith
convicted. He was thereupon sentenced to a fine of R2 000,00
or 4
months imprisonment.
[3] When the matter was
submitted for review the following enquiry was directed to the
magistrate:
“
Can the magistrate impose a
fine exceeding R1500 if
section 112(1)(a)
procedure (i.e. no
questioning of the accused) is followed? My impression is that G.N.
R239 of Government Gazette 24393 of 14
February 2003 sets the upper
limit when this procedure is followed at R1500.”
[4] The magistrate
responded as follows:
“
1. I have noted that I erred in
exceeding the prescribed fine of R1500-00 following
section 112(1)(a)
of Act 51/77 procedure and I humbly submit that was a mistake and
oversight on my part.”
[5] It is clear that the
sentence should be amended so that it corresponds with the Act.
[6] The following order
is therefore made:
The conviction is
confirmed but the sentence imposed by the magistrate is set aside and
substituted by the following:
A fine of R1500-00 or
four months imprisonment if the fine is not paid.
_____________
C. B. CILLIé, J
I concur.
_____________________
A. S. BOONZAAIER, AJ
/eb