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[2008] ZANCHC 4
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S v Olifant and Others (96/07, 97/07, 98/07) [2008] ZANCHC 4 (15 February 2008)
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IN THE HIGH
COURT OF SOUTH AFRICA
(Northern Cape
Division)
Case
number:
96/07;
97/07; 98/07
Date
delivered:
15/02/2008
In
the matter between:
THE
STATE
and
OLIFANT,
EDGAR
DE
BRUIN, LAWRENCE
VAALTYN,
BENNET
Coram:
Lacock
J et Williams J
JUDGMENT on
REVIEW
LACOCK
J:
All three accused in these matters
were convicted of driving a motor vehicle on a public road without a
valid licence in contravention
of sec.12 (a) of the
National Road
Traffic Act, no. 93 of 1996
, and were sentenced to payment of a fine
of R500.00 or 5 months imprisonment which sentences were suspended
for 3 years
âon
condition accused is not convicted of driving a motor vehicle
without a drivers licence committed during the period of
suspensionâ
. In
the matter of Vaaltyn, the words
âwithout
a drivers licenceâ
were inadvertently omitted.
The magistrate now requests this
Court to rectify on special review the condition of suspension of
the sentences to include therein
a reference to
sec. 12
(a) of Act
93 of 1996. This is a proper request.
Since the convictions are in order,
as well as the gist of the sentences imposed, the sentences in all
three matters are set aside
and substituted for the following:
â
R500.00
or 5 (five) months imprisonment wholly suspended for a period of 3
(three) years on condition that the accused is not convicted
of
driving a motor vehicle on a public road in contravention of
sec. 12
(a) of the
National Road Traffic Act, no. 93 of 1996
committed during
the period of suspension.â
The sentences are ante dated to 19
July 2007.
_______________
HJ Lacock
JUDGE
I
concur.
_______________
CC Williams
JUDGE