South Africa: Free State High Court, Bloemfontein

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S v Hlatswayo (422/08) [2008] ZAFSHC 101 (7 August 2008)

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IN THE HIGH COURT OF SOUTH AFRICA

(ORANGE FREE STATE PROVINCIAL DIVISION)

Review No.: 422/08


In the review between:


THE STATE

and


MEMEL JEREMIAH HLATSWAYO

_____________________________________________________


CORAM: EBRAHIM, J et VAN DER MERWE, J



JUDGEMENT: EBRAHIM, J

_____________________________________________________


DELIVERED ON: 7 AUGUST 2008

_____________________________________________________


[1] This matter was referred to this court on special review in terms of section 304(4) of the Criminal Procedure Act 51 of 1977.


[2] The presiding officer, an acting magistrate, convicted the accused of contravening the provisions of subsection 65(2)(a) & (b) of the National Road Traffic Act 93 of 1996 to wit driving a vehicle whilst the concentrate of alcohol in his blood was not less than 0,05 grams per 100 millilitre and sentenced him to undergo 6 (six) months imprisonment or pay a fine of R3 000,00 both of which were wholly suspended conditionally for three years. The accused was convicted on the basis of a written statement handed in on his behalf by his legal representative in terms of subsection 112(2) of the Criminal Procedure Act 51 of 1977.


[3] In my view the proceedings were conducted in accordance with justice. Accordingly I order that the conviction and sentence be confirmed.



_____________

S. EBRAHIM, J



I concur.





________________________

C.H.G. VAN DER MERWE, J


/sp

2008/08/01 12:30 PM