South Africa: High Courts - Gauteng

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IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)

Date: 10 SEPTEMBER 2007

Magistrate BOLOBEDU

Case number:

High Court reference number:

B597/2006 91/07

THE STATE VERSUS MASALE JOHANNES RAMALOTSOA

REVIEW JUDGEMENT

Pretorius J

This matter came before me as a review.

The accused was convicted in the magistrate's court Bolobedu, on 3 counts of robbery and sentenced to three years imprisonment on each count - an

effective sentence of 9 years.

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The accused was charged in terms of section 51 (2) of the Criminal Law Amendment Act, No 105 of 1997. This section only applies to matters heard in the regional or the High Court and not to the district court.

The Director of Public Prosecutions conceded that the accused should have been charged in the regional court. However the Director of Public Prosecutions argued that the court may amend the charge in terms of section 86 (1) of Act 51 of 1977. Furthermore it is clear that the accused will not be prejudiced if the court amends the charges as the essentials of the charges, the evidence tendered and accused's evidence will not be affected.

The court therefore amends all three charges by deletion of al references to section 51 (2) of Act 105 of 1997 and the convictions on all counts of robbery

are confirmed.

At a query from Bosielo J as to the severity of the sentence having regard to the accused's youth and that he was a first offender the learned magistrate replied as follows: "It was the court's intention that the words should have been 'the sentences should run concurrently"'.

The court therefore make the following order:

1. The three charges of robbery are amended by deleting all reference

to section 51 (2) of Act 105 of 1997.

2. The convictions on all three counts of robbery are confirmed.

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3. The sentences of three years imprisonment on each count are

amended as follows:

Three (3) years imprisonment on each of the three counts. It is

ordered that the sentences on the three counts run concurrently. An effective sentence of 3 (three) years imprisonment.

C. Pretorius

Judge of the High Court

I agree,

RD. Claassen

Judge of the High Court