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[2009] ZAGPJHC 88
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S v Mathetsa (354/05) [2009] ZAGPJHC 88 (28 July 2009)
IN
THE HIGH COURT OF SOUTH AFRICA
(WITWATERSRAND
LOCAL DIVISION)
REFERENCE
NUMBER:
Magistrate’s
review. no: 31/05 (Westonaria)
Westonaria serial number
A861/04
High Court Case no
354/05
THE
STATE
versus
THEBOGO
MPHO MATHETSA
................................................
Accused
REVIEW
JUDGMENT
WILLIS
J:
The accused was charged with
contravening section 63(1) read with sections 1, section 63(2),
63(3), 69, 73 and 89 of the Road Traffic
Act No. 93 of 1996.
He was found guilty and
sentenced to 36 (thirty-six) months imprisonment of which 18
(eighteen) months was suspended for a period
of 5 (five) years on
condition that he was not found guilty of reckless or negligent
driving committed during the period of suspension.
The sentence was
imposed on 31
st
March, 2005.Subject to the provisions of section 35 of that Act the
accused was also disqualified from obtaining a driver’s
license
for a period of six months.
The matter originally came
before Du Toit AJ by way of review. Du Toit AJ ordered the immediate
release from custody of the accused
and indicated that judgment would
follow.
It would appear from statements
filed by Mrs C.M. Van Heerden, the Acting Head of the Court at
Westonaria and Ms L. Daniel, the
clerk of the court that despite
numerous attempts to follow up the matter, the record of the
proceedings has been lost.
The only way in which the
matter can now be regularized is to set aside the conviction and
sentence of the accused.
The following order is made:
The conviction and sentence of
the accused are set aside.
DATED
AT JOHANNESBURG THIS 28th DAY OF JULY, 2009.
N.P.
WILLIS
JUDGE
OF THE HIGH COURT
I
agree.
F.H.D.
VAN OOSTEN
JUDGE
OF THE HIGH COURT