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2002
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[2002] ZANCHC 3
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S v Oosthuizen (92/2003) [2002] ZANCHC 3 (21 February 2002)
IN THE HIGH COURT OF
SOUTH AFRICA
(NORTHERN CAPE
DIVISION)
KIMBERLEY
CASE NO.:
92/2003
DATE:
21-02-2002
In the review matter
between:
THE
STATE
and
CONSTANCE
OOSTHUIZEN ACCUSED
CORAM:
MAJIEDT J et WILLIAMS AJ
REVIEW
JUDGMENT
WILLIAMS AJ:
This matter has come
before me on special review. The accused was convicted in the Kathu
Magistrateâs Court of the theft of two
goats and was sentenced to
twelve (12) months imprisonment. In addition she was ordered to
compensate the complainant for his damages
in terms of section 300 of
Act 51 of 1977 in the amount of R600,00 to be paid on or before 30
November 2001.
Magistrate
Mkwentla who was also the presiding officer at the trial realised
during an inspection of the office files that he had
erroneously and
contrary to the provisions of section 300 of Act 51 of 1977 fixed a
date by which the amount of R600,00 had to be
paid to the
complainant, and thus requested that the order be corrected on
review.
The
magistrate is quite right in expressing the view that no date should
have been fixed for such payment, the order for compensation
being
equal to a civil judgment in terms of section 300(3)(a) of Act 51 of
1977.
In such a
case there is no legal justification for the fixing of a date and the
civil rules of execution apply. (See
S
v Nyathi 1978(4) SA 26 TPD)
.
Accordingly
the conviction and sentence are confirmed. The order for
compensation is deleted and replaced by the following.
In
terms of the provisions of section 300 of Act 51 of 1977, the accused
is ordered to compensate the complainant, Mr Markram for
damages
suffered in the amount of R600,00.
__________________________
C.
C WILLIAMS
ACTING
JUDGE
I
concur.
__________________________________________
S.A.
MAJIEDT
JUDGE