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South Africa: Free State High Court, Bloemfontein
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South Africa: Free State High Court, Bloemfontein
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2008
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[2008] ZAFSHC 19
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S v Tsoeliane (170/08) [2008] ZAFSHC 19 (4 April 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE
FREE STATE PROVINCIAL DIVISION)
Review
No. : 170/08
In
the review between:-
THE
STATE
versus
LEFA
TSOELIANE
_____________________________________________________
JUDGMENT
BY:
C.J.
MUSI, J
_____________________________________________________
DELIVERED
ON:
4
APRIL 2008
_____________________________________________________
[1] This matter was sent
on special review by the magistrate, Bloemfontein. The accused was
convicted of contravening section 5(b)
of Act 140 of 1992 (Dealing in
dagga). He was sentenced as follows:
â
R400
0,00
(four thousand rand) or 2 (two) years of which R2000,00 (two thousand
rand) or 1 (one) year imprisonment is suspended for a period
of 3
(three) years on condition accused is not again convicted of section
5(b) Act 140/1992, Dealing in drugs, committed during period
of
suspension.â
[2] The
magistrate correctly points out that he imposed an incompetent
sentence. See
S
v MOSOLOTSANE
1993 (1) SASV 502 (O) at 503 e â h. The sentence ought to be set
aside.
[3] The accusedâs legal
representative addressed the magistrate in mitigation of sentence.
That part of the record is not transcribed.
The matter must be
referred back to the magistrate, as per his request, so that he could
impose a competent sentence.
[4] Consequently
the following order is made:
The conviction is
confirmed.
The sentence is set
aside and the matter is remitted to the magistrate so that he could
impose a suitable sentence.
___________
C.J. MUSI, J
/sp