S v Machaule; S v Mkonto; S v Mahlungu (A279/16) [2016] ZAGPPHC 314 (9 May 2016)

S v Machaule; S v Mkonto; S v Mahlungu (A279/16) [2016] ZAGPPHC 314 (9 May 2016)

The presiding officer in the Magistrate's Court imposed fines of R10,000 on each accused, which exceeded the statutory maximum permitted under section 112 of Act 51 of 1977. Both the Acting Head of the Magistrate's Court and the presiding officer acknowledged the error. The Director of Public Prosecutions concurred that the sentences should be set aside and replaced with competent sentences. The High Court confirmed the convictions but set aside the sentences, substituting them with fines of R5,000 or 3 months imprisonment, wholly suspended for 5 years on condition that the accused are not convicted of similar offences during the suspension period.

Citation
[2016] ZAGPPHC 314
Parties
Applicant: The State; Respondent: Thomas Machaule; Respondent: Sabelo Mkonto; Respondent: Tebogo Mahlangu
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
9 May 2016
Case Number
A279/16
Procedural Posture
Review Application / Special Review
Outcome
Convictions confirmed; sentences set aside and substituted.
Judges
R G Tolmay, C Pretorius
Legal Topics
Sentencing Review, Magistrates Court Procedure, Maximum Fine, Suspended Sentence
Criminal Law Sentencing Review Magistrates Court Procedure Maximum Fine Suspended Sentence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The State

Applicant

Thomas Machaule

Respondent

Sabelo Mkonto

Respondent

Tebogo Mahlangu

Respondent

Procedural Posture

Review Application / Special Review

Legal Issues

  1. 1 Whether the sentences imposed by the magistrate exceeded the statutory maximum fine under section 112 of Act 51 of 1977.
  2. 2 Whether the sentences should be set aside and substituted with competent sentences.

Ratio Decidendi

The presiding officer in the Magistrate's Court imposed fines of R10,000 on each accused, which exceeded the statutory maximum permitted under section 112 of Act 51 of 1977. Both the Acting Head of the Magistrate's Court and the presiding officer acknowledged the error. The Director of Public Prosecutions concurred that the sentences should be set aside and replaced with competent sentences. The High Court confirmed the convictions but set aside the sentences, substituting them with fines of R5,000 or 3 months imprisonment, wholly suspended for 5 years on condition that the accused are not convicted of similar offences during the suspension period.

Court Disposition

Convictions confirmed; sentences set aside and substituted.

Orders

  • The convictions in all three matters are confirmed.
  • The sentences imposed by the Magistrate's Court are set aside.