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2006
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[2006] ZAFSHC 78
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S v Mashinini (475 2006) [2006] ZAFSHC 78 (29 June 2006)
IN THE HIGH COURT
OF SOUTH AFRICA
(ORANGE FREE STATE
PROVINCIAL DIVISION)
Review No.: 475/2006
In the matter between:
THE STATE
and
SAINENTE MASHININI
_____________________________________________________
CORAM:
BECKLEY,
J
et
KRUGER, J
_____________________________________________________
JUDGMENT:
BECKLEY, J
_____________________________________________________
DELIVERED ON:
29 JUNE 2006
_____________________________________________________
[1] The accused was
convicted of contravening section 72(4) of Act 51 of 1977 in that he
failed to appear in court. A warrant was
authorised for the arrest
of the accused, subsequent to which he appeared in court. After he
was convicted of contravening section
72(4) of the Criminal Procedure
Act, he was sentenced to fine of R600,00 or 3 months imprisonment.
Subsequent to sentencing the
accused, the matter was referred to this
Court for special review as the magistrate was of the opinion that a
pre-sentencing report
was required, having regard to the fact that
the accused was only 17 years of age. The presiding officer has
therefore requested
that the sentence be set aside and the matter be
referred back for purposes of sentencing.
[2] It is clear that the
request of the presiding magistrate has to be acceded to. There is,
however, a further matter that should
be brought to the attention of
the presiding officer, namely, firstly, the fact that, despite the
fact that the guardian of the accused
was present and testified, the
accused was not afforded the opportunity to testify or present any
argument. This is clearly an irregularity,
and also justifies
setting aside the proceedings.
[3] In the result, the
proceedings regarding the accused failure to appear in court, are set
aside.
_________________
A.P.
BECKLEY, J
I
concur.
______________
A. KRUGER, J
/em