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IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

DATE: 3 September 2008

MAGISTRATE OBERHOLZER

Case No: B2340/07/07

Magistrate's serial no: 67/07 |

High Court Ref No: 32

THE STATE VS MOLEFE ABINAAR SEHUME

REVIEW JUDGMENT

BOTHA J:

The accused was found guilty of forgery and uttering and sentenced to a fine of R4 000.00 or six months' imprisonment of which half was suspended for five years.

According to the form J15 the accused was declared unfit to posses a firearm. Annexure C, which is a pro forma used by the magistrate when holding an enquiry in terms of section 103(1) of Act 60 of 2000, creates the impression that the magistrate did not declare the accused unfit to posses a firearm.

W.A.J VAN ZYL

ACTING JUDGE OF THE HIGH COURT

The magistrate has explained, in response to a query by a review judge, that it was not his intention to declare the accused unfit to posses a firearm.

The state advocates agree that the sentence should be altered accordingly. I may add that it does not seem to me that the crime committed by the accused falls within the purview of section 103(1) or schedule 2 of Act 60 of 2000.

The following order is made:

1. The conviction is confirmed.

2 The sentence is confirmed, except that the order declaring the accused unfit to posses a firearm is set aside.

C BOTHA

JUDGE OF THE HIGH COURT

I agree

W.A.J VAN ZYL

ACTING JUDGE OF THE HIGH COURT

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