R v Zuma

JurisdictionSouth Africa
JudgeShaw J, Selke J
Judgment Date19 June 1952
Citation1952 (3) SA 461 (N)
Hearing Date19 June 1952
CourtNatal Provincial Division

R v Zuma
1952 (3) SA 461 (N)

1952 (3) SA p461


Citation

1952 (3) SA 461 (N)

Court

Natal Provincial Division

Judge

Shaw J, Selke J

Heard

June 19, 1952

Judgment

June 19, 1952

Flynote : Sleutelwoorde

Criminal procedure — Sentence — Offence committed before coming into operation of Act 33 of 1952 but conviction taking place after such date — Provisions of Act in regard to sentences to be applied.

1952 (3) SA p462

Headnote : Kopnota

Where the accused had been charged with an offence committed before the date of the coming into force of Act 33 of 1952 but his conviction had taken place after such date,

Held, that the provisions of the Act in regard to sentences had to be applied. A

Case Information

Review.

Judgment

Selke, J.:

This is an automatic review from the magistrate's court for Umvoti. The accused - a native man of the estimated age of B twenty-five years - was convicted of the offence of robbery, alleged to have been committed on the 19th April, 1952. He was sentenced to serve six months' imprisonment with hard labour, but, as the conviction took place on the 6th June, this sentence appears to be an incompetent one because of Act 33 of 1952, which, it seems, came into C force on the 28th...

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7 practice notes
  • R v Mazibuko
    • South Africa
    • Invalid date
    ...to impose the death sentence in this case; see R v Loots and Another, B 1951 (2) SA 132; R v Dhlamini, 1957 (3) SA 174; R v Zuma, 1952 (3) SA 461; R v Molomo and Another, 1952 (4) SA 748; Director of Public Prosecutions v Lamb, 1941 (2) K.B. at pp. 101, 104 - 5; Steyn, Die Uitleg van Wette ......
  • R v Sillas
    • South Africa
    • Invalid date
    ...the Provincial Divisions on the provision of Act 33 of F 1952 which introduced compulsory whipping in certain cases (see Rex v Zuma, 1952 (3) SA 461 (N); Rex v Rasana, id. 589 (E); Rex v Lebetsa, id. 654 (E); Rex v Molomo and Another, 1952 (4) SA 748 (W)). A case in which an amending Act to......
  • R v Mazibuko
    • South Africa
    • Appellate Division
    • 24 September 1958
    ...to impose the death sentence in this case; see R v Loots and Another, B 1951 (2) SA 132; R v Dhlamini, 1957 (3) SA 174; R v Zuma, 1952 (3) SA 461; R v Molomo and Another, 1952 (4) SA 748; Director of Public Prosecutions v Lamb, 1941 (2) K.B. at pp. 101, 104 - 5; Steyn, Die Uitleg van Wette ......
  • Gumede v African Guarantee & Indemnity Co Ltd
    • South Africa
    • Invalid date
    ...on the ground that it did not contain an allegation that the vehicle concerned and involved in the collision upon which the plaintiff's 1952 (3) SA p461 Shaw claim was based, was, at the time of the collision, insured by the defendant. The learned Judge is reported, at p. 227 of the report,......
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7 cases
  • R v Mazibuko
    • South Africa
    • Invalid date
    ...to impose the death sentence in this case; see R v Loots and Another, B 1951 (2) SA 132; R v Dhlamini, 1957 (3) SA 174; R v Zuma, 1952 (3) SA 461; R v Molomo and Another, 1952 (4) SA 748; Director of Public Prosecutions v Lamb, 1941 (2) K.B. at pp. 101, 104 - 5; Steyn, Die Uitleg van Wette ......
  • R v Sillas
    • South Africa
    • Invalid date
    ...the Provincial Divisions on the provision of Act 33 of F 1952 which introduced compulsory whipping in certain cases (see Rex v Zuma, 1952 (3) SA 461 (N); Rex v Rasana, id. 589 (E); Rex v Lebetsa, id. 654 (E); Rex v Molomo and Another, 1952 (4) SA 748 (W)). A case in which an amending Act to......
  • R v Mazibuko
    • South Africa
    • Appellate Division
    • 24 September 1958
    ...to impose the death sentence in this case; see R v Loots and Another, B 1951 (2) SA 132; R v Dhlamini, 1957 (3) SA 174; R v Zuma, 1952 (3) SA 461; R v Molomo and Another, 1952 (4) SA 748; Director of Public Prosecutions v Lamb, 1941 (2) K.B. at pp. 101, 104 - 5; Steyn, Die Uitleg van Wette ......
  • Gumede v African Guarantee & Indemnity Co Ltd
    • South Africa
    • Invalid date
    ...on the ground that it did not contain an allegation that the vehicle concerned and involved in the collision upon which the plaintiff's 1952 (3) SA p461 Shaw claim was based, was, at the time of the collision, insured by the defendant. The learned Judge is reported, at p. 227 of the report,......
  • Get Started for Free