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S v Magagula (R17/2022) [2022] ZAMPMBHC 87 (30 November 2022)
High Court review of a magistrate’s sentence for dagga dealing held that a fine alone was incompetent under section 17(e) of the Drugs Act.
S v Gcoba (2011 (2) SACR 231 (KZP)) [2010] ZAKZPHC 75; R952/10 (18 November 2010)
The court held that section 17(e) of the Drugs and Drug Trafficking Act obliges the sentencing court to impose a sentence of imprisonment without the option of a fine. In addition, the court may impose a fine, and in terms of section 287(1) of the Criminal Procedure Act, may add an alternative term of imprisonment in default of payment of the fine. The sentence imposed by the Magistrate, which included both a direct term of imprisonment and a fine with an alternative imprisonment term, was found to be competent as it complied with the statutory requirements and the interpretation established…
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