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South Africa: Free State High Court, Bloemfontein
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[2008] ZAFSHC 99
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S v Maloma (420/08) [2008] ZAFSHC 99 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 420/08
In the review between:
THE
STATE
and
ROMEO MALOMA
_____________________________________________________
CORAM:
EBRAHIM,
J
et
VAN
DER MERWE, J
JUDGEMENT:
EBRAHIM,
J
_____________________________________________________
DELIVERED ON:
7 AUGUST 2008
_____________________________________________________
[1] This matter was
referred to this court on special review in terms of
section 304(4)
of the
Criminal Procedure Act 51 of 1977
.
[2] The presiding
officer, an acting magistrate, convicted the accused of the crime of
contravening subsection 27(1)(b) of the Copyright
Act (No. 98 of
1978) and sentenced the accused to undergo 12 (twelve) months
imprisonment or pay a R3 000,00 fine both of which
were wholly
suspended for three years conditionally. The accused was convicted
on the basis of a written statement handed in on
his behalf by his
legal representative in terms of subsection 112(2) of Act 51 of 1977.
[3] In my view the
proceedings were conducted in accordance with justice. Accordingly I
order that the conviction and sentence
be confirmed.
_____________
S. EBRAHIM, J
I
concur.
________________________
C.H.G. VAN DER MERWE,
J
/sp
2008/08/01
12:19 PM