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South Africa Judgment

Free State High Court, Bloemfontein

S v Jara (413/2005) [2005] ZAFSHC 48 (12 May 2005)

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Source document

01

Holding and result

The sentence imposed by the magistrate was not in accordance with the mandatory provisions of section 17E of Act 140/1992, which compels a sentence of imprisonment for dealing in dagga. The magistrate conceded the error, and the court set aside the original sentence and substituted it with a sentence that complies with the statutory requirements: eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravening section 5(b) of Act 140/1992 during the suspension period, and a further fine of R5,000 or eighteen months imprisonment.

Court disposition

The original sentence is set aside and substituted with a competent sentence in accordance with the statute.

Orders

  • The sentence imposed by the magistrate is set aside.
  • The following sentence is substituted: Eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravention of section 5(b) of Act 140 of 1992 committed during the period of suspension and a further R5,000 or eighteen months imprisonment.

02

Material facts

Parties

The State

Applicant

Sivuyile Sidwell Jara

Respondent

Amounts and remedies

  • Fine Imposed: ZAR 5,000

03

Procedural history

  1. Posture

    Review Application / Ordinary Review

04

Questions and positions

Legal issues

Party arguments

Applicant
The State did not make formal submissions but the review was initiated due to the improper sentence imposed by the magistrate, which did not comply with the mandatory imprisonment required by section 17E of Act 140/1992.
Respondent
The magistrate conceded that the sentence was not competent and agreed that it should be set aside and substituted with a proper sentence in accordance with the statute.

05

Court’s reasoning

  1. 01

    Section 17E, Abuse of Dependence Producing Substances Act 140 of 1992

    Section 17E of Act 140/1992 requires that a sentence of imprisonment be imposed for an offence of dealing in dagga.

06

Ratio, limits and disposition

Ratio decidendi

The sentence imposed by the magistrate was not in accordance with the mandatory provisions of section 17E of Act 140/1992, which compels a sentence of imprisonment for dealing in dagga. The magistrate conceded the error, and the court set aside the original sentence and substituted it with a sentence that complies with the statutory requirements: eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravening section 5(b) of Act 140/1992 during the suspension period, and a further fine of R5,000 or eighteen months imprisonment.

Court disposition

The original sentence is set aside and substituted with a competent sentence in accordance with the statute.

  • The sentence imposed by the magistrate is set aside.
  • The following sentence is substituted: Eighteen months imprisonment wholly suspended for three years on condition that the accused is not convicted of contravention of section 5(b) of Act 140 of 1992 committed during the period of suspension and a further R5,000 or eighteen months imprisonment.

Source and reliance status

Free State High Court, Bloemfontein

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Judgment text

The complete available source text.

Source document

Free State High Court, Bloemfontein

Judgment

[2005] ZAFSHC 48

IN THE HIGH COURT

OF SOUTH AFRICA

(ORANGE FREE STATE PROVINCIAL DIVISION)

Review No. : 413/2005

In the review between:

THE

STATE

versus

SIVUYILE

SIDWELL JARA

_____________

CORAM: CILLIé J et

EBRAHIM J

JUDGEMENT: EBRAHIM

J

DELIVERED ON: 12 MAY 2005

[1] This matter was placed before me by way of ordinary review procedure.

[2] On consideration, it became apparent that the sentence imposed by the learned magistrate was improper in that it did not comply with the provisions of section 17E of Act 140/1992 - (The Abuse of Dependence Producing Substances Act 1992) which compels a sentence of imprisonment to be imposed on an offender convicted of the offence of dealing in dagga (section 5(b) of Act 40/1992).

[3] The learned magistrate has conceded that the sentence is not competent and that it ought to be set aside.

[4] It is accordingly ordered that the sentence imposed be set aside and substituted with the following sentence:

18 (Eighteen) months imprisonment wholly suspended for 3 (three) years on conditions that accused is not convicted of contravention of Section 5(b) Act 140 of 1992 committed during period of suspension and a further R5 000,00 (Five thousand Rand) or 18 (eighteen) months imprisonment.

_____

S. EBRAHIM, J

I concur.

____

C.B. CILLIé, J

/sp

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Abuse of Dependence Producing Substances Act 140 of 1992

Legislation

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