South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION. PRETORIA

HIGHCOURTREF.NO. 173/2016

CASE SERIAL NO. All 11/2015

REVIEW CASE NO. 18/2015

CASE NO: A349/2016

In the matter between

THE STATE

And

THEMBEKILE TSHABALALA

REVIEW JUDGMENT

VORSTER AJ

1. This is a special review in terms of section 304(4) of the Criminal Procedure Act 51 of 1977.

2. The accused was convicted of a charge fraud in the district court of Benoni and sentenced to two years imprisonment wholly suspended for two years.

3. In terms of section 297(1 )(b) of Act 51 of 1977 a sentence may be wholly or partly suspended for a period not exceeding five years on conditions referred to in section 297(1 )(a)(i).

4. The sentence in this case was suspended unconditionally, which is clearly irregular. It should read “2 years imprisonment wholly suspended for 5 years on condition that the accused is not convicted of fraud or any attempt thereto, which offence is committed during the time of suspension”.

5. Consequently the sentence is set aside and replaced with a sentence of two years imprisonment, wholly suspended for five years on condition that the accused is not convicted of fraud or any attempt thereto, which offence is committed during the time of suspension.

VORSTER AJ

JUDGE OF THE HIGH COURT

I agree

VAN NIEKERK AJ

JUDGE OF THE HIGH COURT