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[2009] ZAGPPHC 245
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S v Makondo (A398/2009) [2009] ZAGPPHC 245 (15 May 2009)
NOT
REPORTABLE
IN THE HIGH COURT OF SOUTH AFRICA
(NORTH-GAUTENG
HIGH COURT, PRETORIA)
High
Court Ref no.: 218
Magistrate
Serial no.: 04/09
Case
no.: A16/09
CASE
NO:A398/2009
DATE:15/05/2009
IN THE MATTER BETWEEN
THE
STATE
v
TIMMY
FIKILE MAKONDO
REVIEW
JUDGMENT
Legodi
J,
When
this matter was initially brought before me, I directed certain
queries to the trial court. These queries were with reference
to
whether intention to do grievous bodily harm has been proved and
secondly, whether the accused had properly made a choice to
proceed
with the trial without legal representation.
The
trial court and the Office of the Director of Public Prosecutions had
now made comments on the issues I had previously raised
and I am
satisfied that the conviction was in accordance with justice.
The
accused who was about 19 years old and a scholar doing grade 12 was
sentenced to R2000 or six months imprisonment. During sentencing,
the
accused indicated that he could afford to pay R200. He was a first
offender. He was sentenced on the 12January 2009 and apparently
could
not afford to pay the fine. For this reason, Advocate L A More and H
M Meintjies SC of the Office of the Director of Public
Prosecutions,
recommended that half of the sentence be suspended which will have
the effect of the accused been entitled to an
immediate release. I
agree and the accused's release has already been ordered.
Accordingly,
I would make an order as follows:
1.
The conviction of the accused is confirmed.
2.
The sentence is hereby set aside and substituted as follows:
"The
accused is sentenced to R2000 or 6 months imprisonment, half of
ivhich is suspended for a period of three years on condition
that the
accused is not found guilty of an assault with intent to do grievous
bodily harm committed during the period of suspension"
3.
The accused if not released yet should immediately be released from
prison unless otherwise detained in connection with another
case.
M
F LEGODI
JUDGE
OF THE HIGH COURT
I,
agree it is so ordered
WL
SERITI
JUDGE
OF THE HIGH COURT