S v Ralepanyana (R193-2019) [2019] ZAFSHC 221 (28 November 2019)
- Citation
- [2019] ZAFSHC 221
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- Free State High Court, Bloemfontein
- Panel
- AF Jordaan, M Opperman
- Case number
- R193/2019
More details
- Court
- Free State High Court, Bloemfontein
- Panel
- AF Jordaan, M Opperman
- Case number
- R193/2019
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The conviction of the accused for receiving stolen property under section 37 of the General Law Amendment Act was irregular because stock or produce as defined in the Stock Theft Act is explicitly excluded from the ambit of section 37. The accused admitted to receiving sheep, which are stock, and therefore the conviction was not competent. The proper charge, based on the plea explanation, should have been under the Stock Theft Act, specifically section 11(1)(b), as the accused knew the sheep were stolen. The irregularity in the conviction and sentence necessitates that both be set aside and the matter be remitted to the regional court for a fresh hearing.
Court disposition
Conviction and sentence set aside; matter remitted to regional court for de novo hearing.
Orders
- The conviction and sentence are set aside.
- The matter is remitted to the regional court to be dealt with de novo.
02
Material facts
Parties
The State
ApplicantMoeketsi Petrus Ralepanyane
Respondent03
Procedural history
Posture
Review Application / Special Review Under Section 304 of the Criminal Procedure Act
04
Questions and positions
Legal issues
- 01
Whether the conviction for receiving stolen property under section 37 of the General Law Amendment Act was competent given the exclusion of stock theft from its ambit.
- 02
Whether the conviction should have been under the Stock Theft Act based on the admitted facts.
- 03
Whether the sentence and conviction were irregular and should be set aside.
Party arguments
- Applicant
- The prosecution accepted the accused's plea of guilty to receiving stolen property under section 37 of the General Law Amendment Act, based on his admission to receiving 11 sheep, despite the charge originally being stock theft. The plea explanation was submitted and accepted.
- Respondent
- The acting regional court magistrate submitting the matter for review argued that the conviction was irregular because section 37 explicitly excludes stock or produce as defined in the Stock Theft Act. It was suggested that the charge should have been under section 2 of the Stock Theft Act, or alternatively section 11(1)(b) based on the accused's knowledge that the sheep were stolen.
05
Court’s reasoning
Legal principles
- 01
General Law Amendment Act 62 of 1955, section 37
A conviction for receiving stolen property under section 37 of the General Law Amendment Act is not competent where the property is stock or produce as defined in the Stock Theft Act, as such property is explicitly excluded from section 37.
- 02
Stock Theft Act 57 of 1959, section 11(1)(b)
Where an accused admits knowledge that stock was stolen, the appropriate conviction is under section 11(1)(b) of the Stock Theft Act.
- 03
Criminal Procedure Act 51 of 1977, section 304
Special review under section 304 of the Criminal Procedure Act allows the High Court to set aside irregular convictions and sentences.
06
Ratio, limits and disposition
Ratio decidendi
The conviction of the accused for receiving stolen property under section 37 of the General Law Amendment Act was irregular because stock or produce as defined in the Stock Theft Act is explicitly excluded from the ambit of section 37. The accused admitted to receiving sheep, which are stock, and therefore the conviction was not competent. The proper charge, based on the plea explanation, should have been under the Stock Theft Act, specifically section 11(1)(b), as the accused knew the sheep were stolen. The irregularity in the conviction and sentence necessitates that both be set aside and the matter be remitted to the regional court for a fresh hearing.
Obiter and limits
- The learned regional court magistrate correctly identified the statutory exclusion and the appropriate charge under the Stock Theft Act.
- The acceptance of the plea by the prosecution did not cure the statutory defect in the conviction.
Court disposition
Conviction and sentence set aside; matter remitted to regional court for de novo hearing.
- The conviction and sentence are set aside.
- The matter is remitted to the regional court to be dealt with de novo.
Source and reliance status
Free State High Court, Bloemfontein
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Free State High Court, Bloemfontein
Judgment
IN THE HIGH COURT OF SOUTH AFRICA,
FREE STATE DIVISION, BLOEMFONTEIN
Case number: R193/2019
In the matter between:
THE
STATE
and
MOEKETSI
PETRUS RALEPANYANE
CORAM:
JORDAAN, J et OPPERMAN,
J
JUDGMENT BY: JORDAAN, J
DELIVERED ON: 28 NOVEMBER 2019
REVIEW JUDGMENT
[1] This matter was submitted for special review in terms of section 304 of the Criminal Procedure Act 51 of 1977.
[2] The accused was charged with stock theft in contravention of the
Stock Theft Act 57 of 1959, allegedly having stolen 14 sheep. He was legally represented and pleaded guilty of receiving stolen property in contravention of section 37 of the General Law
Amendment Act 62 of 1955. The plea was accepted by the prosecution on the basis of the plea explanation that was submitted. However, he admitted to receiving only 11 sheep.
[3] The presiding magistrate convicted the accused of contravention
of section 37(2) of the General Law Amendment Act and sentenced him to 6 years imprisonment, wholly suspended for a period of five years.
[4] First of all, a conviction of receiving stolen property contravenes
section 37(1) and not (2). Secondly, stock or produce as defined in the Stock Theft Act is explicitly excluded from the ambit of
section 37. The conviction was therefore irregular as correctly pointed out by the acting regional court magistrate who submitted the matter for special review.
[5] The learned regional court magistrate suggested that the charge should have been contravention of section 2 of the Stock Theft Act. However, on the basis of the plea explanation the accused knew that the sheep were stolen, which would have justified a conviction in terms of section 11(1)(b) of the Stock Theft Act.
[6] As aforesaid, the conviction was not competent and must be set
aside.
[7] In the result the following orders are made:
1. The conviction and sentence are set aside.
2. The matter is remitted to the regional court to be dealt with de novo.
AF JORDAAN, J
I concur
M OPPERMAN, J
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