S v Langa (A800/09) [2009] ZAGPPHC 162; 2010 (1) SACR 47 (GNP) (10 September 2009)
- Citation
- [2009] ZAGPPHC 162
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- MF Legodi, T J Raujlinga
- Case number
- A800/09
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- MF Legodi, T J Raujlinga
- Case number
- A800/09
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The trial court was correct in convicting and sentencing the accused for unlawful possession of suspected stolen property, and in declaring him unfit to possess a firearm. However, the order requiring the accused to attend specific programmes in prison exceeded the trial court's powers, as it is not for the court to dictate to the Department of Correctional Services how rehabilitation should be managed. The appropriate course would have been to obtain a probation officer's report to better understand the accused's background and previous rehabilitation efforts. The order regarding attendance of programmes is therefore set aside.
Court disposition
Conviction and sentence confirmed; declaration of unfitness to possess a firearm confirmed; order to attend programmes in prison set aside.
Orders
- The conviction and sentence are confirmed.
- The declaration of unfitness to possess a firearm is confirmed.
- The order that the accused should attend programmes whilst in prison is set aside.
02
Material facts
Parties
State
ApplicantPiet Langa
Respondent03
Procedural history
Posture
Criminal Review / Review of Magistrate's Conviction and Sentence
04
Questions and positions
Legal issues
- 01
Whether the trial court was empowered to order the accused to attend specific programmes in prison.
- 02
Whether the conviction and sentence imposed by the magistrate were appropriate.
- 03
Whether the declaration of unfitness to possess a firearm was correctly made.
Party arguments
- Applicant
- The State sought confirmation of the conviction, sentence, and the declaration of unfitness to possess a firearm. The State did not specifically address the legality of the order requiring the accused to attend programmes in prison.
- Respondent
- The accused did not make formal submissions on review, but the court considered whether the additional order regarding attendance of programmes was lawful and appropriate.
05
Court’s reasoning
Legal principles
- 01
Section 36 Act 62 of 1955
A trial court cannot dictate to the Department of Correctional Services or the Commissioner regarding the rehabilitation programmes an accused must attend in prison.
- 02
Firearms Control Act
A declaration of unfitness to possess a firearm may be made following a conviction for certain offences.
06
Ratio, limits and disposition
Ratio decidendi
The trial court was correct in convicting and sentencing the accused for unlawful possession of suspected stolen property, and in declaring him unfit to possess a firearm. However, the order requiring the accused to attend specific programmes in prison exceeded the trial court's powers, as it is not for the court to dictate to the Department of Correctional Services how rehabilitation should be managed. The appropriate course would have been to obtain a probation officer's report to better understand the accused's background and previous rehabilitation efforts. The order regarding attendance of programmes is therefore set aside.
Obiter and limits
- The trial court's frustration with the accused's repeated offending is understandable, but sentencing must remain within the bounds of the law.
- Obtaining a probation officer's report could assist the court in understanding the accused's behaviour and rehabilitation needs.
Court disposition
Conviction and sentence confirmed; declaration of unfitness to possess a firearm confirmed; order to attend programmes in prison set aside.
- The conviction and sentence are confirmed.
- The declaration of unfitness to possess a firearm is confirmed.
- The order that the accused should attend programmes whilst in prison is set aside.
Source and reliance status
North Gauteng High Court, Pretoria
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.
North Gauteng High Court, Pretoria
Judgment
IN
THE HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG HIGH, PRETORIA)
Case no. 257/08
Date: 10/09/2009
In the review matter:
STATE
VERSUS PIET LANGA
REVIEW
JUDGMENT
LEGODI J,
The accused initially appeared in the Magistrate court, Hoedspriut on a charge of unlawful possession of goods in contravention of section 36 Act of 62 of 1955.
The accused was found guilty as charged and sentenced to two years imprisonment. The accused's previous convictions seem to have played a role in the sentence imposed. The accused was also declared unfit to possess a firearm after the trial court had held a short enquiry in this regard.
However, the trial court in addition to the two years imprisonment, made an order that the accused should attend programmes whilst in prison in not committing crimes of theft, possession of suspected stolen property and failure to give satisfactory account thereto or receiving property knowing that it had been stolen or be found in possession of suspected stolen property for a period of 12 months.
I then raised a query with the magistrate as follows:
"Is the order to attend programmes not an impediment on correctional services Department, especially with the 12 months period forming part of the order?
In terms of which provisions can such an order be made".
One can understand the trial court's frustration in the previous convictions of the accused. The accused committed previously and
found guilty of similar offences. At one stage, for example, the accused was sentenced to four years imprisonment for house breaking.
It looks like the trial court was frustrated that, the previous jail sentences did not yield anything in the behaviour of the accused.
This might be so, however still the trial court cannot dictate what the commissioner should do. The least, what the trail court could have done was to insist on having a probation officer's report, just to have better understanding of the accused for example, why the accused continues committing similar offences and what programs he had previously attended, if any?
The order relating to the attendance of programs ought to be set aside.
Consequently, I would make an order as follows:
Conviction and sentence confirmed.
Declaration of unfitness to possess a firearm is confirmed.
The order that the accused should attend programs whilst in prison is hereby set aside.
MF
LEGODI
JUDGE
OF THE HIGH COURT
I
AGREE
T
J RAUJLINGA
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