South Africa Case Law

S v Williams , S v Papier (813/05 , 863/05)

S v Williams , S v Papier (813/05 , 863/05) [2006] ZAWCHC 5; 2006 (2) SACR 101 (C) (24 February 2006)

Court

Western Cape High Court, Cape Town

Case number

813/05, 863/05

Judges

HJ Erasmus, Fourie

The magistrate erred in relying on sections 73(6)(a) and 73(7)(c) of the Correctional Services Act to impose minimum periods to be served before parole or correctional supervision. The authority to set a non-parole period resides exclusively in section 276B of the Criminal Procedure Act, which applies only to sentences of two years or longer. The Correctional Services Act regulates the consequences of such orders but does not empower the court to make them. The references to the Correctional Services Act in the sentencing orders were therefore invalid. The sentences were reviewed and replaced…

Source excerpt

• Sentencing Jurisdiction
• Parole Eligibility
• Non Parole Period
• Magistrate Sentencing Powers
• Correctional Services Act

S v Mokgadi and Others (14/2001)

S v Mokgadi and Others (14/2001) [2001] ZANWHC 14 (15 March 2001)

Court

North West High Court, Mafikeng

Case number

14/2001

Judges

M M Leeuw, M T R Mogoeng

High Court review of a stock theft matter confirmed the conviction but set aside the sentence and compensatory order, remitting the case for resentencing.

• Stock Theft
• Compensatory Order
• Magistrate Sentencing Powers
• Section 300 Criminal Procedure Act
• Section 15 Stock Theft Act
• Stock-theft