S v Thabethe and Another (641/15 , 1342/15, A368/2016) [2016] ZAGPPHC 513 (24 May 2016)

S v Thabethe and Another (641/15 , 1342/15, A368/2016) [2016] ZAGPPHC 513 (24 May 2016)

The Magistrate failed to comply with the statutory requirements of Section 297(1)(a)(ii) of the Criminal Procedure Act by omitting the order for the accused to appear before the court if called upon before the expiry of the postponement period. This omission rendered the sentence incomplete and improper. The High Court held that sentencing under statutory provisions must adhere strictly to the prescribed wording and requirements. Consequently, the sentence imposed was set aside and the matter remitted to the Magistrate's Court for proper sentencing in accordance with Section 297(1)(a)(ii).

Citation
[2016] ZAGPPHC 513
Parties
Applicant: State; Defendant: G Thabethe; Defendant: T Sindane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 May 2016
Case Number
641/15
Procedural Posture
Criminal Review / Special Review From Magistrate's Court
Outcome
Sentence set aside and matter remitted for proper sentencing.
Judges
S P Mothle, N Kollapen
Legal Topics
Postponement of Sentence, Section 297 Criminal Procedure Act, Sentencing Procedure
Criminal Law Postponement of Sentence Section 297 Criminal Procedure Act Sentencing Procedure

Case Brief

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Parties

State

Applicant

G Thabethe

Defendant

T Sindane

Defendant

Procedural Posture

Criminal Review / Special Review From Magistrate's Court

Legal Issues

  1. 1 Whether the Magistrate correctly applied Section 297(1)(a)(ii) of the Criminal Procedure Act in postponing sentence unconditionally.
  2. 2 Whether the sentence imposed was complete and proper in terms of the statutory requirements.
  3. 3 Whether the accused were properly ordered to appear before the court if called upon before the expiry of the postponement period.

Ratio Decidendi

The Magistrate failed to comply with the statutory requirements of Section 297(1)(a)(ii) of the Criminal Procedure Act by omitting the order for the accused to appear before the court if called upon before the expiry of the postponement period. This omission rendered the sentence incomplete and improper. The High Court held that sentencing under statutory provisions must adhere strictly to the prescribed wording and requirements. Consequently, the sentence imposed was set aside and the matter remitted to the Magistrate's Court for proper sentencing in accordance with Section 297(1)(a)(ii).

Court Disposition

Sentence set aside and matter remitted for proper sentencing.

Orders

  • The sentence imposed by the Additional Magistrate P Muruba on the accused dated 23 June 2015 is set aside.
  • The matter is remitted to the Magistrate’s Court Nelspruit for proper sentencing of the accused in terms of Section 297(1)(a)(ii).