S v Muridzo; S v Ramafikeng (325/2022;324/2022)
S v Muridzo; S v Ramafikeng (325/2022;324/2022) [2023] ZAWCHC 32 (20 February 2023)
The sentences imposed by the magistrate in both cases—fines with alternative imprisonment, without a direct term of imprisonment—were incompetent and not in accordance with section 17(e) of the Drugs and Drug Trafficking Act. The law requires that a sentence for dealing in drugs must include a term of imprisonment, which may be wholly or partially suspended, and may be coupled with a fine. The review court is obliged to set aside the incompetent sentences and replace them with sentences that comply with the statutory requirements, even if this results in a more onerous sentence for the accuse…
Source excerpt
- Drug Sentencing
- Drugs And Drug Trafficking Act
- Competent Sentence
- Review Powers
- Imprisonment And Fine