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South Africa: Free State High Court, Bloemfontein
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2008
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[2008] ZAFSHC 101
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S v Hlatswayo (422/08) [2008] ZAFSHC 101 (7 August 2008)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 422/08
In the review between:
THE
STATE
and
MEMEL JEREMIAH
HLATSWAYO
_____________________________________________________
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 contravening
the provisions of subsection 65(2)(a) &
(b) of the
National Road
Traffic Act 93 of 1996
to wit driving a vehicle whilst the
concentrate of alcohol in his blood was not less than 0,05 grams per
100 millilitre and sentenced
him to undergo 6 (six) months
imprisonment or pay a fine of R3 000,00 both of which were wholly
suspended conditionally for three
years. 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 the
Criminal
Procedure 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
12:30 PM