S v Oosthuizen (92/2003) [2002] ZANCHC 3 (21 February 2002)

S v Oosthuizen (92/2003) [2002] ZANCHC 3 (21 February 2002)

The fixing of a date for payment of compensation under section 300 of Act 51 of 1977 was procedurally incorrect. The compensation order should be treated as a civil judgment, subject to civil execution rules, and not require a specific payment date. The conviction and sentence are confirmed, but the compensation order is amended to comply with the statutory requirements.

Citation
[2002] ZANCHC 3
Parties
Applicant: The State; Respondent: Constance Oosthuizen
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
21 February 2002
Case Number
92/2003
Procedural Posture
Review Application / Special Review After Conviction and Sentence in Magistrate's Court
Outcome
Conviction and sentence confirmed; compensation order amended.
Judges
C C Williams, S A Majiedt
Legal Topics
Theft, Compensation Order, Section 300 Criminal Procedure Act, Civil Judgment Execution
Criminal Law Civil Procedure Theft Compensation Order Section 300 Criminal Procedure Act Civil Judgment Execution

Case Brief

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Parties

The State

Applicant

Constance Oosthuizen

Respondent

Procedural Posture

Review Application / Special Review After Conviction and Sentence in Magistrate's Court

Legal Issues

  1. 1 Whether the magistrate was correct in fixing a date for payment of compensation under section 300 of Act 51 of 1977.
  2. 2 Whether the compensation order should be amended to comply with the law.

Ratio Decidendi

The fixing of a date for payment of compensation under section 300 of Act 51 of 1977 was procedurally incorrect. The compensation order should be treated as a civil judgment, subject to civil execution rules, and not require a specific payment date. The conviction and sentence are confirmed, but the compensation order is amended to comply with the statutory requirements.

Court Disposition

Conviction and sentence confirmed; compensation order amended.

Orders

  • The conviction and sentence are confirmed.
  • The previous compensation order is deleted.