S v Mtsi

JurisdictionSouth Africa
JudgeGoldstein J and Stegmann J
Judgment Date10 August 1994
Citation1995 (2) SACR 206 (W)
Hearing Date10 August 1994
CounselF J M Bosman for the appellant.P P Stander for the State.
CourtWitwatersrand Local Division

Goldstein J:

The appellant was convicted in the regional court of a B contravention of s 1(b)(i) of the Corruption Act 94 of 1992. She was sentenced to four years' imprisonment of which two years were suspended on certain conditions. She appeals against her sentence.

The appellant pleaded guilty at the trial and a written statement was handed in on her behalf in terms of s 112(2) of the Criminal Procedure Act 51 of 1977. The statement reveals the following admitted facts. I C quote from p 1 of the record:

'I was employed at Allied Bank, Rissik Street, Johannesburg. In the course of my duties as a teller I had access to the account numbers of the bank's clients. During February 1993 I supplied the account number of two clients, namely Delisina Buthelezi Account No 916644223 D and Botemi Mela Account No 9633273030 to an acquaintance C Bongeli who had no right to such information. I received R3 500 from C Bongeli for the exchange of the said information. I knew what I was doing and I knew that it was wrong and unlawful to supply the said account numbers to C Bongeli in exchange for the R3 500 given to me by her in a corrupt manner. During February 1993 R22 000 were (sic) unlawfully E drawn from Botemi Mela's account and during March 1993 R14 500 were (sic) unlawfully drawn from Delisina Buthelezi's account.'

After the appellant was properly found guilty in the court a quo two witnesses gave evidence. The first was Johan Jacques Viljoen, an official in the employ of the Department of Correctional Services. He handed in and confirmed a report compiled in terms of s 276A(1)(a) of the F Criminal Procedure Act. The second witness was a social worker in the employ of the Transvaal Provincial Administration, Ms Makoni Mildred Masia. She too handed in a report which she confirmed. Both these witnesses recommended that the appellant be sentenced to correctional supervision in terms of s 276(1)(h) of Act 51 of 1977, as amended. The G magistrate rejected these recommendations.

It appears from the record that the appellant is 25 years of age, unmarried and that she has a child aged six. She has matriculated and she obtained employment with the complainant as a teller during September 1991. She earned approximately R1 200 per month after deductions and utilised this money to maintain herself, her child, her grandmother and H her mother. Her mother earned approximately R200 per week at all material times and her grandmother was a pensioner but there was no evidence as to the amount of her pension.

The...

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7 practice notes
  • S v Siebert
    • South Africa
    • Invalid date
    ... ... supervision has been considered as an appropriate sentence for more serious crimes than the one now under  D  consideration, including murder ( inter alia S v Potgieter  1994 (1) SACR 61 (A); S v Larsen  1994 (2) SACR 149 (A); S v Ingram  1995 (1) SACR 1 (A)); corruption ( S v Mtsi  1995 (2) SACR 206 (W), incidentally a judgment of Goldstein J); theft ( S v Kruger  1995 (1) SACR 27 (A); S v Kasselman en 'n Ander  1995 (1) SACR 429 (T));  E  and rape (see S v A en 'n Ander  1994 (1) SACR 602 (A)) ... Correctional supervision being a sentencing option which ... ...
  • S v Setlholo
    • South Africa
    • Invalid date
    ...1510 (GNP): compared S v Mogotsi 1999 (1) SACR 604 (W): distinguished 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): S v Pennington and Another 1999 (2) SACR 329 (CC) (1997 (4) SA 1076; 1997 (10) BCLR 14......
  • S v Phillips
    • South Africa
    • Invalid date
    ...2011 (2) SACR 164 (SCA) ([2011] ZASCA 64): dictum in para [26] applied S v Mogotsi 1999 (1) SACR 604 (W): referred to S v Mtsi 1995 (2) SACR 206 (W): referred S v Narker and Another 1975 (1) SA 583 (A): considered D S v Newyear 1995 (1) SACR 626 (A): referred to. Legislation cited The Preve......
  • S v Phillips
    • South Africa
    • Supreme Court of Appeal
    • 1 December 2016
    ...2011 (2) SACR 164 (SCA) ([2011] ZASCA 64): dictum in para [26] applied S v Mogotsi 1999 (1) SACR 604 (W): referred to S v Mtsi 1995 (2) SACR 206 (W): referred S v Narker and Another 1975 (1) SA 583 (A): considered D S v Newyear 1995 (1) SACR 626 (A): referred to. Legislation cited The Preve......
  • Request a trial to view additional results
7 cases
  • S v Siebert
    • South Africa
    • Invalid date
    ... ... supervision has been considered as an appropriate sentence for more serious crimes than the one now under  D  consideration, including murder ( inter alia S v Potgieter  1994 (1) SACR 61 (A); S v Larsen  1994 (2) SACR 149 (A); S v Ingram  1995 (1) SACR 1 (A)); corruption ( S v Mtsi  1995 (2) SACR 206 (W), incidentally a judgment of Goldstein J); theft ( S v Kruger  1995 (1) SACR 27 (A); S v Kasselman en 'n Ander  1995 (1) SACR 429 (T));  E  and rape (see S v A en 'n Ander  1994 (1) SACR 602 (A)) ... Correctional supervision being a sentencing option which ... ...
  • S v Setlholo
    • South Africa
    • Invalid date
    ...1510 (GNP): compared S v Mogotsi 1999 (1) SACR 604 (W): distinguished 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): S v Pennington and Another 1999 (2) SACR 329 (CC) (1997 (4) SA 1076; 1997 (10) BCLR 14......
  • S v Phillips
    • South Africa
    • Invalid date
    ...2011 (2) SACR 164 (SCA) ([2011] ZASCA 64): dictum in para [26] applied S v Mogotsi 1999 (1) SACR 604 (W): referred to S v Mtsi 1995 (2) SACR 206 (W): referred S v Narker and Another 1975 (1) SA 583 (A): considered D S v Newyear 1995 (1) SACR 626 (A): referred to. Legislation cited The Preve......
  • S v Phillips
    • South Africa
    • Supreme Court of Appeal
    • 1 December 2016
    ...2011 (2) SACR 164 (SCA) ([2011] ZASCA 64): dictum in para [26] applied S v Mogotsi 1999 (1) SACR 604 (W): referred to S v Mtsi 1995 (2) SACR 206 (W): referred S v Narker and Another 1975 (1) SA 583 (A): considered D S v Newyear 1995 (1) SACR 626 (A): referred to. Legislation cited The Preve......
  • Request a trial to view additional results

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