IN THE HIGH COURT OF SOUTH AFRICA
(NORTH GAUTENG HIGH COURT, PRETORIA)
DATE:
MAGISTRATE: L. TSENGIWE
High Court Reference no. 241
Magistrate Serial No. 02.09
Review Case No.01/115/09
THE STATE VS VUYO MATYANA

REVIEW JUDGMENT

LEGODI (J):

. When this matter was initially laid before me on automatic review, I raised certain queries with the magistrate regarding one of the condition of suspension of the sentence

The accused was found guilty on his plea of guilty for contravention of section 65 (2), read with section 65 (3) of Act 93 of 1996, the allegations being that on or about the 15 February 200S at or near Mongalaki and Kgotso street a public road in the district of Klerksdorp the accused did wrongfully and unlawfully drive a vehicle to wit Mercedez 

I raised the issue whether with a condition for suspension on the main count, being contravention of section 65 (1) was appropriate. In his response, the magistrate commented as following;

This is understandable because renoed form was used in recording the sentence.

I therefore make the following order:
[1] A Conviction on Contravention of section 65 (2) (a) of Act 93 of 1996 is hereby confirmed.
[2] A condition for the sentence on contravention of section 65 (1) (a) is set aside and sentence is substituted as follows:
“The accused is sentenced to R4000-00 or six (6) months imprisonment wholly suspended for a period of five (5) years on condition that the accused is not found guilty of contravention of section 65 (2) (a) of Act 93 of 1996 committed during the period of suspension "
F. M LEGODI
JUDGE OF THE HIGH COURT

I agree

W. L SERITI
JUDGE OF THE HIGH COUR