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South Africa Judgment

Free State High Court, Bloemfontein

S v Ntlhola (569/2010) [2012] ZAFSHC 67 (26 March 2012)

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Source document

01

Holding and result

The court found that the sentence imposed by the Magistrate, a fine of R2 000 or sixty days imprisonment, exceeded the statutory limit prescribed by Section 112(1)(a) of the Criminal Procedure Act, which allows for a maximum fine of R1 500. The convictions were confirmed as being in accordance with justice, but the sentence was set aside and replaced with a fine of R1 500 or forty-five days imprisonment, which complies with the statutory requirements.

Court disposition

Convictions confirmed; sentence set aside and replaced with a fine of R1 500 or forty-five days imprisonment.

Orders

  • The convictions of the accused are confirmed.
  • The sentence of the accused is set aside and replaced by payment of a fine of one thousand five hundred rand (R1 500-00) or forty-five (45) days imprisonment.

02

Material facts

Parties

THE STATE

Applicant

MAKHOTSO ELIZABETH NTLHOLA

Respondent

Amounts and remedies

  • Original Fine Imposed: ZAR 2,000
  • Revised Fine Imposed: ZAR 1,500

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The State did not submit separate arguments for the review; the matter was referred by the Magistrate for special review due to the sentence exceeding the statutory limit under Section 112(1)(a) of the Criminal Procedure Act.
Respondent
The respondent pleaded guilty to three charges of theft. The Magistrate submitted that the convictions were in accordance with justice but acknowledged the sentence imposed was outside the statutory parameters.

05

Court’s reasoning

  1. 01

    Criminal Procedure Act 51 of 1977

    Section 112(1)(a) of the Criminal Procedure Act may only be invoked where the fine does not exceed R1 500.

  2. 02

    Government Notice R239 in Government Gazette 24393 of 14 February 2003

    Convictions must be in accordance with justice, and sentences must comply with statutory limits.

06

Ratio, limits and disposition

Ratio decidendi

The court found that the sentence imposed by the Magistrate, a fine of R2 000 or sixty days imprisonment, exceeded the statutory limit prescribed by Section 112(1)(a) of the Criminal Procedure Act, which allows for a maximum fine of R1 500. The convictions were confirmed as being in accordance with justice, but the sentence was set aside and replaced with a fine of R1 500 or forty-five days imprisonment, which complies with the statutory requirements.

Obiter and limits

  • The seriousness of the offences, the personal circumstances of the accused, and the interests of the community were considered in determining the appropriate sentence.

Court disposition

Convictions confirmed; sentence set aside and replaced with a fine of R1 500 or forty-five days imprisonment.

  • The convictions of the accused are confirmed.
  • The sentence of the accused is set aside and replaced by payment of a fine of one thousand five hundred rand (R1 500-00) or forty-five (45) days imprisonment.

Source and reliance status

Free State High Court, Bloemfontein

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Judgment text

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Source document

Free State High Court, Bloemfontein

Judgment

[2012] ZAFSHC 67

FREE STATE HIGH COURT, BLOEMFONTEIN

REPUBLIC

OF SOUTH AFRICA

Review No : 569/2010

In the review between:-

THE STATE

and

MAKHOTSO ELIZABETH NTLHOLA …..............................Respondent

JUDGMENT BY: VAN ZYL, J

_____________

DELIVERED ON: 26 MARCH 2012

[1] This matter served before me as a special review in terms of Section 304(4) of the Criminal Procedure Act, 51 of 1977 (hereinafter referred to as “the Act”).

[2] The accused pleaded guilty to three charges of theft, whereafter the learned Magistrate invoked the provisions of Section 112(1)(a), convicted the accused and then (taking all three counts together for purposes of sentencing) sentenced the accused to a fine of two thousand rand (R2 000-00) or sixty (60) days imprisonment. The Magistrate thereafter referred the matter to this court on special review based on the fact that the fine which was imposed, is not within the parameters of Section 112(1)(a) of the Act.

[3] As also indicated in her letter accompanying the request for special review, the Magistrate submitted that the convictions of the accused were in accordance with justice. I cannot fault this submission and therefore the convictions are to be confirmed.

[4] With regard to the sentence, it is evident from the provisions of Section 112(1)(a) that the said section can only be invoked in, inter alia, circumstances where the fine does not exceed the amount of R1 500-00. See GOVERNMENT NOTICE R239 IN GOVERNMENT GAZETTE 24393 OF 14 FEBRUARY 2003. It is therefore evident that the imposed sentence is in fact outside the aforesaid parameters and has to be set aside.

[5] After having considered the seriousness of the three offences, the personal circumstances of the accused and the interests of the community, I consider a sentence of payment of a fine of one thousand five hundred rand (R1 500-00) or forty-five (45) days imprisonment to be an appropriate sentence.

[6] I consequently make the following order:

The convictions of the accused are confirmed.

The sentence of the accused is set aside and replaced by the following:

“Payment of a fine of one thousand five hundred rand (R1 500-00) or forty-five (45) days imprisonment.”

_____

C. VAN ZYL, J

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Procedure Act 51 of 1977

Legislation

Legislation referenced in the available case record.

Government Notice R239 in Government Gazette 24393 of 14 February 2003

Legislation

Legislation referenced in the available case record.

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