S v Mogotsi

JurisdictionSouth Africa
JudgeCloete J and Serobe AJ
Judgment Date30 November 1998
Citation1999 (1) SACR 604 (W)
Hearing Date30 November 1998
CounselJ Muir for the appellant J Ferreira for the State
CourtWitwatersrand Local Division

S v Mogotsi
1999 (1) SACR 604 (W)

1999 (1) SACR p604


Citation

1999 (1) SACR 604 (W)

Court

Witwatersrand Local Division

Judge

Cloete J and Serobe AJ

Heard

November 30, 1998

Judgment

November 30, 1998

Counsel

J Muir for the appellant
J Ferreira for the State

Flynote: Sleutelwoorde

H Corruption — Sentence — Imprisonment — Appellant a 30-year-old first offender, employed as a traffic officer, had accepted R100 from motorist for cancelling a traffic summons — Appellant had attempted to cover his tracks by falsifying copies of summons — Sentence of four years' imprisonment, of which two years suspended, upheld on appeal.

Headnote: Kopnota

I The appellant was a 30-year-old first offender who was employed as a traffic officer. He had been convicted in a magistrate's court of contravening s 11(b) of the Corruption Act 94 of 1992. The evidence was to the effect that the appellant had stopped a motorist for a traffic offence and began writing out a summons but then accepted R100 from the motorist and wrote the words 'cancelled' between two lines across the top entry of the summons which J was then handed to the motorist. The appellant then changed the motorist's

1999 (1) SACR p605

registration number and address details on the other copies of the summons A in order to cover his tracks and ensure that the motorist could not be traced either through his address or the registration number of his vehicle. In the magistrate's court the appellant was sentenced to four years' imprisonment, of which two years were suspended for two years. On appeal against the sentence, the Court emphasised that the appellant had abused his position of trust for personal financial gain: his conduct was calculated to undermine B public trust in government officials and he had subsequently set about covering his tracks. The Court noted that corruption was still on the increase and in the light of all the circumstances imprisonment was the only suitable sentence in the present matter. Although the sentence was somewhat higher than the Court itself would have imposed, it did not induce a sense of shock and in the absence of a misdirection the Court could not interfere on appeal. C Appeal dismissed.

Case Information

Appeal from a sentence imposed in a magistrate's court.

J Muir for the appellant.

J Ferreira for the State.

Judgment

Cloete J:

The appellant was convicted of contravening s 1(1)(b) of the Corruption Act D 94 of 1992 and sentenced to four years' imprisonment, of which two years were suspended for two years. The appellant has, wisely in my view, not persisted with the appeal against conviction, but appeals against sentence only.

The circumstances of the offence were as follows. E

The appellant stopped the complainant, Orr, who was driving a vehicle in Sauer Street in the centre of Johannesburg and began writing out what is colloquially called a 'traffic ticket'. The appellant then accepted R100 from Orr and wrote 'cancelled' between two lines across the top entry, which he handed to Orr. The remaining four copies did not have this notation. F Subsequently the appellant altered the street number of Orr's address from 3 Curtland Street, Newcastle to 13 Curtland Street, Newcastle and changed the registration number of Orr's motor vehicle from NN 3328 to NN 8328 on the remaining four copies. These latter alterations were obviously to ensure that Orr could not be traced, either to the address on the ticket or through the registration number of his vehicle. G

The personal circumstances of the appellant are the following: he was apparently 30 years...

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7 practice notes
  • S v Setlholo
    • South Africa
    • Invalid date
    ...(2) SA 1222; [2001] 3 All SA 220; [2001] ZASCA 30): dictum at 478d – g applied S v Mogale 2010 JDR 1510 (GNP): compared S v Mogotsi 1999 (1) SACR 604 (W): S v Moswathupa 2012 (1) SACR 259 (SCA): referred to S v Mtsi 1995 (2) SACR 206 (W): distinguished E S v Newyear 1995 (1) SACR 626 (A): d......
  • S v Phillips
    • South Africa
    • Invalid date
    ...at 200E – H applied S v Mahlangu and Another 2011 (2) SACR 164 (SCA) ([2011] ZASCA 64): dictum in para [26] applied S v Mogotsi 1999 (1) SACR 604 (W): referred S v Mtsi 1995 (2) SACR 206 (W): referred to S v Narker and Another 1975 (1) SA 583 (A): considered D S v Newyear 1995 (1) SACR 626 ......
  • S v Shaik and Others
    • South Africa
    • Invalid date
    ...(1) SA 118 (A) S v Maphanga 2004 (1) SACR 96 (N) at 98c - d S v Mbanjwa and Another 2000 (2) SACR 100 (D) at 112f - i S v Mogotsi 1999 (1) SACR 604 (W) S v Moumbaris and Others 1974 (1) SA 681 (T) at 685H - 686A D S v Mpofu 1993 (2) SACR 109 (N) S v Mukwezva 1993 (1) SACR 694 (ZS) S v Narke......
  • S v Dampies
    • South Africa
    • Invalid date
    ...algemeen, neem ek in ag dat die verdere getuienis kort en onbetwis is, en dat dit slegs op vonnis betrekking het. Kriegler Hiemstra J 1999 (1) SACR p604 Erasmus Suid - Afrikaanse Strafproses 5de uitg op 801 noem dat getuienis ter strafversagting die mees algemeenste soort getuienis is wat b......
  • Request a trial to view additional results
7 cases
  • S v Setlholo
    • South Africa
    • Invalid date
    ...(2) SA 1222; [2001] 3 All SA 220; [2001] ZASCA 30): dictum at 478d – g applied S v Mogale 2010 JDR 1510 (GNP): compared S v Mogotsi 1999 (1) SACR 604 (W): S v Moswathupa 2012 (1) SACR 259 (SCA): referred to S v Mtsi 1995 (2) SACR 206 (W): distinguished E S v Newyear 1995 (1) SACR 626 (A): d......
  • S v Phillips
    • South Africa
    • Invalid date
    ...at 200E – H applied S v Mahlangu and Another 2011 (2) SACR 164 (SCA) ([2011] ZASCA 64): dictum in para [26] applied S v Mogotsi 1999 (1) SACR 604 (W): referred S v Mtsi 1995 (2) SACR 206 (W): referred to S v Narker and Another 1975 (1) SA 583 (A): considered D S v Newyear 1995 (1) SACR 626 ......
  • S v Shaik and Others
    • South Africa
    • Invalid date
    ...(1) SA 118 (A) S v Maphanga 2004 (1) SACR 96 (N) at 98c - d S v Mbanjwa and Another 2000 (2) SACR 100 (D) at 112f - i S v Mogotsi 1999 (1) SACR 604 (W) S v Moumbaris and Others 1974 (1) SA 681 (T) at 685H - 686A D S v Mpofu 1993 (2) SACR 109 (N) S v Mukwezva 1993 (1) SACR 694 (ZS) S v Narke......
  • S v Dampies
    • South Africa
    • Invalid date
    ...algemeen, neem ek in ag dat die verdere getuienis kort en onbetwis is, en dat dit slegs op vonnis betrekking het. Kriegler Hiemstra J 1999 (1) SACR p604 Erasmus Suid - Afrikaanse Strafproses 5de uitg op 801 noem dat getuienis ter strafversagting die mees algemeenste soort getuienis is wat b......
  • Request a trial to view additional results

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