S v Moiketsi and Another [2010] ZAFSHC 131 (7 October 2010)

S v Moiketsi and Another [2010] ZAFSHC 131 (7 October 2010)

The magistrate erred in imposing a sentence of imprisonment without the option of a fine under section 112(1)(a) of the Criminal Procedure Act. The law restricts sentencing powers in summary guilty pleas to fines not exceeding the prescribed amount or other competent sentences excluding imprisonment without the option of a fine. The convictions are confirmed, but the sentences of imprisonment are set aside and substituted with a fine of R20 or, failing payment, twenty days imprisonment, predated to the date of original sentence.

Citation
[2010] ZAFSHC 131
Parties
Applicant: The State; Respondent: Sakia Moiketsi; Respondent: Rethabile Raliile
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 October 2010
Case Number
492/2010
Procedural Posture
Review Application / Special Review After Conviction and Sentence
Outcome
Convictions confirmed; sentences of imprisonment set aside and substituted with a fine or imprisonment.
Judges
Moloi
Legal Topics
Immigration Act Offence, Unlawful Entry, Sentencing Powers, Section 112 Procedure
Criminal Law Immigration Act Offence Unlawful Entry Sentencing Powers Section 112 Procedure

Case Brief

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Parties

The State

Applicant

Sakia Moiketsi

Respondent

Rethabile Raliile

Respondent

Procedural Posture

Review Application / Special Review After Conviction and Sentence

Legal Issues

  1. 1 Whether the magistrate was empowered to impose a sentence of imprisonment under section 112(1)(a) of the Criminal Procedure Act.
  2. 2 Whether the convictions and sentences were in accordance with the law.

Ratio Decidendi

The magistrate erred in imposing a sentence of imprisonment without the option of a fine under section 112(1)(a) of the Criminal Procedure Act. The law restricts sentencing powers in summary guilty pleas to fines not exceeding the prescribed amount or other competent sentences excluding imprisonment without the option of a fine. The convictions are confirmed, but the sentences of imprisonment are set aside and substituted with a fine of R20 or, failing payment, twenty days imprisonment, predated to the date of original sentence.

Court Disposition

Convictions confirmed; sentences of imprisonment set aside and substituted with a fine or imprisonment.

Orders

  • In both cases the convictions are confirmed.
  • The sentence of twenty days imprisonment in each case is set aside.