S v Ntame (ECJ 2004/025) [2004] ZAECHC 16 (10 June 2004)

S v Ntame (ECJ 2004/025) [2004] ZAECHC 16 (10 June 2004)

The suspended sentence imposed in case number 720/02 was unlawfully brought into operation in case number 22/03 because the offence triggering the suspension had already been committed before the suspension period commenced. The High Court retains review jurisdiction over proceedings that commenced prior to the transfer of Noupoort to the Northern Cape Division, as per section 2(3) of the Interim Rationalisation of Jurisdiction of High Courts Act 41 of 2001. The review jurisdiction runs parallel to the criminal proceedings and is not extinguished by the change in territorial jurisdiction. Accordingly, the order bringing the suspended sentence into operation is set aside.

Citation
[2004] ZAECHC 16
Parties
Applicant: The State; Respondent: Sidwell Ntame
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
10 June 2004
Case Number
ECJ 2004/025
Procedural Posture
Special Review / Review Determination
Outcome
The suspended sentence brought into operation in case number 22/03 is set aside.
Judges
C Plasket, JC Froneman
Legal Topics
Suspended Sentence, Review Jurisdiction, Interim Rationalisation of Jurisdiction Act
Criminal Law Civil Procedure Suspended Sentence Review Jurisdiction Interim Rationalisation of Jurisdiction Act

Case Brief

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Parties

The State

Applicant

Sidwell Ntame

Respondent

Procedural Posture

Special Review / Review Determination

Legal Issues

  1. 1 Whether the suspended sentence imposed in case number 720/02 was lawfully brought into operation in case number 22/03.
  2. 2 Whether the High Court retains jurisdiction to review the matter after Noupoort was transferred to the Northern Cape Division.

Ratio Decidendi

The suspended sentence imposed in case number 720/02 was unlawfully brought into operation in case number 22/03 because the offence triggering the suspension had already been committed before the suspension period commenced. The High Court retains review jurisdiction over proceedings that commenced prior to the transfer of Noupoort to the Northern Cape Division, as per section 2(3) of the Interim Rationalisation of Jurisdiction of High Courts Act 41 of 2001. The review jurisdiction runs parallel to the criminal proceedings and is not extinguished by the change in territorial jurisdiction. Accordingly, the order bringing the suspended sentence into operation is set aside.

Court Disposition

The suspended sentence brought into operation in case number 22/03 is set aside.

Orders

  • The bringing into operation, in case number 22/03, of the condition of the suspension of sentence imposed on the accused in case number 720/02 is set aside.