South Africa: High Courts - Eastern Cape

FORM A

FILING SHEET FOR EASTERN CAPE JUDGMENT

PARTIES:

THE STATE

AND

LULAMILE PHILLEMON MADOLWANA

• Case Number: Review No: 20070692

• High Court: Eastern Cape Division, Grahamstown

DATE HEARD:

DATE DELIVERED: 16 November 2007

JUDGE(S): E REVELAS & JJ NEPGEN

CASE INFORMATION –

• Nature of proceedings: Contravening the National Traffic Regulations of 2000.

IN THE HIGH COURT OF SOUTH AFRICA

(EASTERN CAPE DIVISION)

CA&R No:

Review No: 20070692

Date Delivered: 16/11/07

In the matter between

THE STATE

and

LULAMILE PHILLEMON MADOLWANA

REVIEW JUDGMENT

REVELAS J

[1] The accused was charged with and convicted of two counts of contravening the National Road Traffic Regulations of 2000. In the first count he was charged with failure to register his motor vehicle (“to licence it”). In the second count he was charged with failing to affix the relevant number plate to his vehicle. He was sentenced to pay a fine of R400.00 or undergo imprisonment for a term of 150 days.

[2] In response to a query raised by a judge before whom the matter came in automatic review proceedings, the magistrate in question conceded that he should not have convicted the accused on count 2. The magistrate further reported that he did not intend to sentence the accused on count 2, and the sentence imposed was only in respect of count 1. Therefore, even though the conviction in respect of count 2 falls to be set aside, the sentence referred to in paragraph [1] remains operative.

[3] Accordingly, the following order is made:

The conviction on count 2 is set aside.

__________________

E REVELAS

Judge of the High Court

NEPGEN J: I agree.

_________________

J J NEPGEN

Judge of the High Court