S v Moholo (76/2013) [2013] ZAFSHC 58 (1 April 2013)

S v Moholo (76/2013) [2013] ZAFSHC 58 (1 April 2013)

The magistrate imposed a fine of R3 000,00 under section 112(1)(a) of the Criminal Procedure Act, which exceeded the statutory limit of R1 500,00 applicable at the time of the offence. The presiding officer correctly conceded the error. The conviction stands, but the sentence must be set aside and the matter remitted for the imposition of a sentence in accordance with the statutory limit as determined by the relevant ministerial notice.

Citation
[2013] ZAFSHC 58
Parties
Applicant: The State; Respondent: Tsietsi Benjamin Moholo
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
1 April 2013
Case Number
76/2013
Procedural Posture
Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction confirmed; sentence set aside and remitted for proper sentencing.
Judges
P.U. Fischer, F. Jordaan
Legal Topics
Criminal Procedure Act Section 112, Magistrates Sentencing Powers, Ministerial Notice Limitations
Criminal Law Criminal Procedure Act Section 112 Magistrates Sentencing Powers Ministerial Notice Limitations

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Parties

The State

Applicant

Tsietsi Benjamin Moholo

Respondent

Procedural Posture

Review Application / Special Review Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the fine imposed exceeded the statutory limit under section 112(1)(a) of the Criminal Procedure Act.
  2. 2 Whether the sentence should be set aside and remitted for proper sentencing in accordance with the applicable ministerial notice.

Ratio Decidendi

The magistrate imposed a fine of R3 000,00 under section 112(1)(a) of the Criminal Procedure Act, which exceeded the statutory limit of R1 500,00 applicable at the time of the offence. The presiding officer correctly conceded the error. The conviction stands, but the sentence must be set aside and the matter remitted for the imposition of a sentence in accordance with the statutory limit as determined by the relevant ministerial notice.

Court Disposition

Conviction confirmed; sentence set aside and remitted for proper sentencing.

Orders

  • The conviction is confirmed.
  • The sentence is set aside and the record is remitted back to the Magistrate for the imposition of an appropriate sentence in accordance with the legislation imposed by the Minister in terms of Government Notice R289, Government Gazette 2393 of 14 February 2003.