S v Monaheng and Others (22/2012) [2012] ZAFSHC 87 (3 May 2012)

S v Monaheng and Others (22/2012) [2012] ZAFSHC 87 (3 May 2012)

The sentences imposed by the Welkom Magistrates’ Court for both trespass and contravention of the Immigration Act exceeded the statutory maximum penalties. The sentence for trespass was not in line with the law, as the Trespass Act prescribes a maximum fine of R2,000 or imprisonment not exceeding two years. The sentence for contravention of the Immigration Act also exceeded the prescribed limit, which is a fine or imprisonment not exceeding three months, and the Adjustment of Fines Act applies. The convictions themselves were found to be in accordance with justice, but the sentences were a nullity and had to be set aside and substituted with sentences within the statutory limits. The...

Citation
[2012] ZAFSHC 87
Parties
Applicant: The State; Respondent: Thabiso Monaheng and Two Others
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 May 2012
Case Number
22/2012
Procedural Posture
Criminal Review / Special Review Under Section 304(4) of the Criminal Procedure Act
Outcome
Convictions confirmed; sentences set aside and substituted with sentences within statutory limits.
Judges
Lekale, Mhlambi
Legal Topics
Sentencing Jurisdiction, Trespass Act, Immigration Act, Adjustment of Fines Act
Criminal Law Civil Procedure Sentencing Jurisdiction Trespass Act Immigration Act Adjustment of Fines Act

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Parties

The State

Applicant

Thabiso Monaheng and Two Others

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the sentences imposed for trespass and contravention of the Immigration Act exceeded the penal jurisdiction prescribed by statute.
  2. 2 Whether the convictions were in accordance with justice.
  3. 3 What appropriate sentences should be substituted for the invalid sentences imposed.

Ratio Decidendi

The sentences imposed by the Welkom Magistrates’ Court for both trespass and contravention of the Immigration Act exceeded the statutory maximum penalties. The sentence for trespass was not in line with the law, as the Trespass Act prescribes a maximum fine of R2,000 or imprisonment not exceeding two years. The sentence for contravention of the Immigration Act also exceeded the prescribed limit, which is a fine or imprisonment not exceeding three months, and the Adjustment of Fines Act applies. The convictions themselves were found to be in accordance with justice, but the sentences were a nullity and had to be set aside and substituted with sentences within the statutory limits. The...

Court Disposition

Convictions confirmed; sentences set aside and substituted with sentences within statutory limits.

Orders

  • Each accused is sentenced for charge 1 (trespass) to a fine of R2,000 or 2 years imprisonment and a further 2 years imprisonment suspended for 3 years on condition of not violating specified provisions of the Trespass Act and Criminal Procedure Act.
  • Each accused is sentenced for charge 3 (contravention of Immigration Act) to a fine of R500 or 10 days imprisonment.