S v Pheko (758/2008) [2009] ZAFSHC 8 (29 January 2009)

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[2009] ZAFSHC 8
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S v Pheko (758/2008) [2009] ZAFSHC 8 (29 January 2009)

IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Case No.: 758/2008
In the case between:
DIE STAAT
and
KHAUHELO PHEKO
_____________________________________________________
CORAM:
RAMPAI, J
et
MOLOI, AJ
_____________________________________________________
JUDGMENT:
RAMPAI, J
_____________________________________________________
DELIVERED ON:
29 JANUARY 2009
_____________________________________________________
[1] The
matter came to this court on automatic review. The charge against
the accused was that he drove a motor vehicle, a Nissan
Skyline Sedan
with registration number
CNG783FS
at Botshabelo on the 27 September 2008 while he was under the
influence of alcohol. He was convicted on his plea on the
17 October
2008 for contravention of section 65(1)(a),
National Road Traffic Act
No. 93 of 1996
.
[2] Following his
conviction he was sentence to R6 000,00 or twelve months imprisonment
of which half was conditionally suspended
for 4 years. The court
directed in terms of
section 35(3)
that his drivers licence be not
automatically suspended.
[3] Subsequent
to his sentencing the accused applied for and obtained a court order
authorising him to pay the balance of the court
fine by way of
deferred periodic instalments. The relevant court order reads:
“
Uitstelboete
verleen soos volg
:
R600,00
op of voor 15/11/2008
R400,00 op of voor 15/12/2008
R400,00 op of voor 15/01/2009
R400,00 op of voor 15/02/2009
R400,00 op of voor 15/03/2009
R400,00 op of voor 15/04/2009”
[4] Now,
the aforegoing monthly instalments add up to the total sum of
R2
600,00
.
This is inaccurate. The correct balance was R2 400,00. The
original fine was R3 000,00 which the accused reduced by R600,00

leaving a balance of R2 400,00 on the 17
th
October 2008.
[5] In
his response to my query the magistrate confirmed that the accused
made an initial payment of R600,00 on the 17
th
October 2008 and that he was granted deferred payment in respect of
the balance of R2 400,00. The magistrate then continued to
say:
“
Dus, R400.00 X 6
= R2400.00 plus R600.00 = R3000.00.”
I
appreciate the magistrate’s good intentions. However
,
the court order reads differently. It does not reflect his
intention. It reads R600,00 X 1 plus R400,00 x 5 = R2 600 + R600,00

= R3 200,00. This appears to have been an inadvertent error.
Therefore it needs to be rectified on review.
[6] Accordingly I make
the following order:
6.1 The first leg of the
court order dated the 17 October 2008 is hereby set aside;
6.2 It is substituted
therefore the following as the first leg of that order:
R400,00
on or before the 15
th
of November 2008.
6.3 The remainder of the
said court order stands.
______________
M. H. RAMPAI, J
I concur.
________________
K. J. MOLOI, AJ
/em