S v Ramaketekete (54/2009) [2009] ZAFSHC 13 (12 February 2009)

S v Ramaketekete (54/2009) [2009] ZAFSHC 13 (12 February 2009)

The magistrate erred in imposing a sentence of imprisonment, even though wholly suspended, under section 112(1)(a) of the Criminal Procedure Act, as this section does not permit imprisonment or detention without the option of a fine exceeding the prescribed amount. The correct approach is to impose a fine not exceeding R1 500,00 or, alternatively, a wholly suspended sentence of imprisonment, provided it is coupled with the option of a fine within the prescribed limit. The conviction is confirmed, but the sentence is set aside and replaced with a fine of R1 500,00 or three months imprisonment wholly suspended for three years, conditional on no further contravention of section 49(1)(a) of...

Citation
[2009] ZAFSHC 13
Parties
Applicant: The State; Respondent: Alphoncy Mokitjima Ramaketekete
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 February 2009
Case Number
54/2009
Procedural Posture
Special Review / Review of Magistrate's Sentence Under Section 304(4) of the Criminal Procedure Act
Outcome
Conviction confirmed; sentence set aside and replaced with a competent sentence under section 112(1)(a) of the Criminal Procedure Act.
Judges
K.J. Moloi, M.B. Molemela
Legal Topics
Immigration Act Offence, Sentencing Powers of Magistrate, Competent Sentence, Review Procedure
Criminal Law Immigration Act Offence Sentencing Powers of Magistrate Competent Sentence Review Procedure

Case Brief

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Parties

The State

Applicant

Alphoncy Mokitjima Ramaketekete

Respondent

Procedural Posture

Special Review / Review of Magistrate's Sentence Under Section 304(4) of the Criminal Procedure Act

Legal Issues

  1. 1 Whether the magistrate was competent to impose a sentence of imprisonment under section 112(1)(a) of the Criminal Procedure Act.
  2. 2 What is the appropriate sentence for contravention of section 49(1)(a) of the Immigration Act when dealt with under section 112(1)(a).

Ratio Decidendi

The magistrate erred in imposing a sentence of imprisonment, even though wholly suspended, under section 112(1)(a) of the Criminal Procedure Act, as this section does not permit imprisonment or detention without the option of a fine exceeding the prescribed amount. The correct approach is to impose a fine not exceeding R1 500,00 or, alternatively, a wholly suspended sentence of imprisonment, provided it is coupled with the option of a fine within the prescribed limit. The conviction is confirmed, but the sentence is set aside and replaced with a fine of R1 500,00 or three months imprisonment wholly suspended for three years, conditional on no further contravention of section 49(1)(a) of...

Court Disposition

Conviction confirmed; sentence set aside and replaced with a competent sentence under section 112(1)(a) of the Criminal Procedure Act.

Orders

  • The conviction on the charge of contravening section 49(1)(a) of Act No. 13 of 2002 is confirmed.
  • The sentence imposed by the magistrate is set aside.