S v Abacrombie (200/2014) [2014] ZAFSHC 183 (6 November 2014)
- Citation
- [2014] ZAFSHC 183
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- E. K. Tsatsi, C. H. G. van der Merwe
- Case number
- 200/2014
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- E. K. Tsatsi, C. H. G. van der Merwe
- Case number
- 200/2014
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that since the respondent's parole had been revoked and he was already serving a sentence of imprisonment, the magistrate's order referring him to an external rehabilitation centre for detoxification and rehabilitation was inappropriate. The respondent would instead undergo a rehabilitation program within Grootvlei Prison. Therefore, the order must be set aside.
Court disposition
Order referring respondent to rehabilitation centre set aside.
Orders
- The order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.
02
Material facts
Parties
The State
ApplicantRonaldo Paul Dieta Abacrombie
RespondentAmounts and remedies
- Sentence of Imprisonment (days): 831
03
Procedural history
Posture
Review Application / Special Review of Magistrate's Order
04
Questions and positions
Legal issues
- 01
Whether the magistrate's order referring the respondent to a rehabilitation centre for detoxification and rehabilitation should be set aside.
- 02
Whether the respondent, already serving a sentence of imprisonment due to parole revocation, can be referred for rehabilitation outside the correctional facility.
Party arguments
- Applicant
- The magistrate requested that the order referring the respondent to a rehabilitation centre be set aside, as the respondent was already serving a sentence of imprisonment following the revocation of his parole and would undergo a rehabilitation program within Grootvlei Prison.
- Respondent
- No separate argument from the respondent is recorded; the matter was referred for special review based on the magistrate's report.
05
Court’s reasoning
Legal principles
- 01
Prevention of and Treatment for Substance Abuse Act 70 of 2008, section 35
A person already serving a sentence of imprisonment due to parole revocation should undergo rehabilitation within the correctional facility, not at an external rehabilitation centre.
06
Ratio, limits and disposition
Ratio decidendi
The court held that since the respondent's parole had been revoked and he was already serving a sentence of imprisonment, the magistrate's order referring him to an external rehabilitation centre for detoxification and rehabilitation was inappropriate. The respondent would instead undergo a rehabilitation program within Grootvlei Prison. Therefore, the order must be set aside.
Court disposition
Order referring respondent to rehabilitation centre set aside.
- The order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.
Source and reliance status
Free State High Court, Bloemfontein
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Free State High Court, Bloemfontein
Judgment
IN THE HIGH
COURT OF SOUTH AFRICA
FREE STATE DIVISION, BLOEMFONTEIN
Case No: 200/2014
In the matter between:-
THE
STATE
and
RONALDO
PAUL DIETA ABACROMBIE …....................................................................Respondent
CORAM: VAN DER MERWE, J et TSATSI, AJ
JUDGMENT BY: TSATSI,
AJ
DELIVERED ON: 6 NOVEMBER 2014
[1] This matter was referred to this court for special review.
[2] On 18 September 2014, after an enquiry in terms of section 35 of the Prevention of and Treatment for Substance Abuse Act 70 of 2008, the magistrate made an order referring the respondent for detoxification and rehabilitation. After making the order it came to the notice of the magistrate that the Department of the Correctional Services had revoked the respondent’s parole and that at the time of the order the respondent had already commenced serving a sentence of imprisonment of 831 days. The magistrate reports that he ascertained that respondent will undergo a rehabilitation program at Grootvlei Prison. In the circumstances the request of the magistrate that the order be set aside, must be acceded to.
[3] In the result the order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.
_____
E. K. TSATSI, AJ
I agree.
________
C. H. G. VAN DER MERWE, J
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