Kgwedi and Others S (A898/2013) [2015] ZAGPPHC 995 (6 November 2015)

IN THE HIGH COURT OF SOUTH AFRICA /ES

(GAUTENG DIVISION. PRETORIA)

NOT

REPORTABLE

NOT

OF INTEREST TO OTHER JUDGES

CASE NUMBER: A898/2013

DATE:6/11/2015

IN

THE MATIER BETWEEN

1. ALFRED KGWEDI 1st APPELLANT (Accused Iin court a quo)

2. ELLIOT KOMANI 2nd APPELLANT (Accused 2 in court a quo)

3.

EDDIE BALOYI 4th APPELLANT (Accused 3 incourt a quo)

4.

HERMANDO SIBIYA

3rd APPELLANT(Accused 4 incourt a quo)

AND

THE

STATE

RESPONDENT

CORRECTION : SENTENCE

MSIMEKI. J

[1] The Registrar of the court Ms Beena Bhana on 30 October 2015 brought it to my attention that:

1. The date of sentence should have been antedated to 20 March 1997 instead of 19 March 1997. This is indeed correct.

2. Counts 5 and 6 were not referred to in respect of accused 1 and 2. This is also correct. Ithank the Registrar.

[2] The omissions have necessitated the following amendments to the following pantgrapm of my judgment which I handed down on 21 October 2015;

1. Paragraph [47] which should now read:

"The court a quo' s misdirection on sentence means that the appeal against sentence in respect of counts 1, 3 and 4 should succeed while the sentence in respect of counts 5 and 6 which relate to accused 1 and 2 should be confirmed."

2. Paragraph [48] which should now read:

"[48]1. Having had regard to the triad referred to in S v Zinn, supra, and all the factors relevant to sentence I make the following order:

I. Accused 3's appeal against conviction is dismissed.

2. The appeal against the sentences imposed on the four accused by the court a quo in respect of counts I , 3 and

3. The sentences imposed on the four accused by the court a quo in respect of counts 1, 3 and 4 are set aside and replaced with the following sentences:

ACCUSED I

I. COUNT I : MURDER

You are sentenced to 25 years imprisonment.

2. COUNT 3: HOUSEBREAKING WITH THE INTENTION TO ROB AND ROBBERY WITH

AGGRAVATING

CIRCUMSTANCES

You are sentenced to I 0 years imprisonment.

3. COUNT 4: ATTEMPTED MURDER

You are sentenced to IO years imprisonment.

Effectively you are sentenced to 25 years imprisonment.

ACCUSED 2

You are sentenced to 35 years imprisonment. COUNT 3

You are sentenced to 15 years imprisonment. COUNT 4

You are sentenced to 15 years imprisonment.

Effectively you are sentenced to 35 years imprisonment.

ACCUSED 3

COUNT 1

4. The sentences on cow1ts 5 mid 6 in respettof accused I and 2 are confirmed.

5. It is ordered that the sentences on counts 3, 4, 5 and 6 in respect of accused I and 2 shall run concurrently with the sentence on count 1.

6. It is ordered that the sentences in respect of counts 3 and 4 in respect of accused 3 and 4 shall run concurrently with the sentence on count 1.

7. The sentences are antedated to 20 March 1997.

M

W MSIMEKI

JUDGE OF THE GAUTENG DIVISION, PRETORIA

I agree

S

POTTERILL

N

TUCHTEN

HEARD ON:

FOR THE APPELLANTS: INSTRUCTED BY:

FOR THE RESPONDENT: INSTRUCTED BY: