S v Maneela and Another (411/2011) [2012] ZAFSHC 16 (16 February 2012)

S v Maneela and Another (411/2011) [2012] ZAFSHC 16 (16 February 2012)

The magistrate's order declaring the money found in the possession of the accused forfeited to the State was a material irregularity, as Section 35(1) of the Criminal Procedure Act only permits forfeiture of items used in the commission of the offence. The money was not used in the commission of the offences for which the accused were convicted. Therefore, the forfeiture order was set aside, but the sentences imposed for trespassing and immigration offences were confirmed.

Citation
[2012] ZAFSHC 16
Parties
Applicant: The State; Defendant: Thabo Maneela; Defendant: Tsietsi Thibela
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
16 February 2012
Case Number
411/2011
Procedural Posture
Criminal Review / Review
Outcome
The sentences imposed on the accused for trespassing and immigration offences are confirmed. The order declaring the money forfeited to the State is set aside.
Judges
N.W. Phalatsi, B.C. Mocumie
Legal Topics
Forfeiture of Property, Sentencing Irregularity, Trespassing, Immigration Offences
Criminal Law Forfeiture of Property Sentencing Irregularity Trespassing Immigration Offences

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Parties

The State

Applicant

Thabo Maneela

Defendant

Tsietsi Thibela

Defendant

Procedural Posture

Criminal Review / Review

Legal Issues

  1. 1 Whether the magistrate was entitled to declare the money found in the possession of the accused forfeited to the State.
  2. 2 Whether Section 35(1) of the Criminal Procedure Act applies to the money found in the accused's possession.
  3. 3 Whether the sentences imposed on the accused for trespassing and immigration offences were correct.

Ratio Decidendi

The magistrate's order declaring the money found in the possession of the accused forfeited to the State was a material irregularity, as Section 35(1) of the Criminal Procedure Act only permits forfeiture of items used in the commission of the offence. The money was not used in the commission of the offences for which the accused were convicted. Therefore, the forfeiture order was set aside, but the sentences imposed for trespassing and immigration offences were confirmed.

Court Disposition

The sentences imposed on the accused for trespassing and immigration offences are confirmed. The order declaring the money forfeited to the State is set aside.

Orders

  • The sentences imposed on the accused for trespassing and immigration offences are confirmed.
  • The order declaring the amount of R10,200 found in the possession of the accused forfeited to the State is set aside.