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S v Tladi (138/2008) [2008] ZAGPHC 436 (8 April 2008)

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IN THE HIGH COURT OF SOUTH AFRICA

(WITWATERSRAND LOCAL DIVISION)







REFERENCE NUMBERS:

JHS 2008/18

Magistrates ref. no: 3/7089/2007 (RANDBURG)

High Court Review No:138/2008

Magistrate’s Serial No:05/2008

DATE:08/04/2008




THE STATE



versus



JOHN PITSO TLADI …........................................Accused




REVIEW JUDGMENT




WILLIS J:


This matter originally came before Molemela AJ on 13th March, 2008 and then Kgomo AJ on 4th April, 2008 by way of automatic review.


The accused, who was 36 years of age, was charged with assault with intent to commit grievous bodily harm. It was alleged that he unlawful and intentionally assaulted Edgar Sithole in Bryanston on New Year’s Day in 2007. He conducted his own defence and, having pleaded guilty, was indeed found guilty on 13th November, 2007. He was sentenced on 18th January, 2008.


The sentence reads a follows:


“ Six months imprisonment which in terms of Section 280(2) Act 51/1977 which term of imprisonment must be served concurrently with any period of imprisonment accused is presently serving.”


Questions have been raised as to the formulation of the sentence. The office of the Deputy Director of Public Prosecutions has, in response to thereto, noted that the sentence is in order but has been worded clumsily and has recommended that the sentence be amended to read as follows:


“Six months’ imprisonment. In terms of Section 280(2) Act 51/1977, it is ordered that this term of imprisonment must be served concurrently with any period of imprisonment the accused person is presently serving.”


I am pleased to oblige.


The following order is made:


  1. The conviction is confirmed;


  1. The sentence of the learned magistrate is ameded to read as follows:


“Six months’ imprisonment. In terms of Section 280(2) of Act 51/1977, it is ordered that this term of imprisonment must be served concurrently with any period of imprisonment the accused person is presently serving.”


DATED AT JOHANNESBURG THIS 8th DAY OF APRIL, 2008.





N.P. WILLIS

JUDGE OF THE HIGH COURT



I agree.





M. JAJBHAY

JUDGE OF THE HIGH COURT