IN THE HIGH COURT OF SOUTH AFRICA

and

JUDGMENT

NDITA, J:

 This is an appeal from the judgment of the magistrate sitting in Goodwood in which the appellant was convicted of theft and sentenced to eight months imprisonment, which was wholly suspended on the regular conditions.

 

In the circumstances the following order will issue. In terms of Section 212 of the Criminal Procedure Act, the conviction and sentence imposed by the magistrate is hereby set aside. The matter is remitted to the magistrate to comply with the provisions of Section 113.

I Agree