S v Zali

• Jurisdiction: South Africa
• Citation: 1991 (1) SACR 413 (Tk)

S v Zali
1991 (1) SACR 413 (Tk)

1991 (1) SACR p413

Citation	1991 (1) SACR 413 (Tk)
Court	Transkei General Division
Judge	Hancke J
Heard	August 2, 1990
Judgment	August 2, 1990

Flynote : Sleutelwoorde H

Appeal — From chief's court established in terms of Chief's Court Act 6 of 1983 (Tk) to magistrate's court — Jurisdiction of magistrate's court as court of appeal as to sentence — Magistrate's court may, in terms of s 5(4)(ii) of Act 6 of 1983, set aside chief's sentence and impose such other sentence as in its opinion chief ought to have imposed, but may I not on appeal impose a sentence in excess of jurisdiction of chief's court — Such limitation not applicable when magistrate proceeds in terms of s 5(4)(iii) or (iv) — Maximum jurisdiction as to sentence of chief's court is, in terms of s 3, a fine of R400 and magistrate may, in terms of s 5(4)(iii) or (iv), impose a sentence of three months' imprisonment in default of payment of fine or impose such imprisonment J without the option of a fine in lieu of chief's

1991 (1) SACR p414

A sentence — Such the maximum jurisdiction of magistrate's court as court of appeal, subject to maximum sentence for particular offence prescribed by applicable statute.

Review — Automatic review — In what cases — Of a sentence imposed by magistrate on appeal from chief's court in terms of s 5(4)(ii) of Chief's Court Act 6 of 1983 (Tk) — Maximum jurisdiction of magistrate's B court as such court of appeal is, in terms of s 3 and s 5(4)(iii) and (iv) of Act, a fine of R400 or three months' imprisonment — Such maximum jurisdiction falling within limits set for reviews in Decree 16 of 1989 (Tk) and thus not automatically reviewable by Supreme Court — But Supreme Court entitled to alter sentence in terms of s 310(4) of Criminal Procedure Act 13 of 1983 (Tk). C

Headnote : Kopnota

Section 5(4)(ii) of the Chief's Court Act 6 of 1983 (Tk) gives the magistrate's court, sitting as a court of appeal from a chief's court, jurisdiction 'to set aside the sentence imposed by the chief and in lieu thereof impose such other sentence as in its opinion the chief ought to have imposed', but the magistrate's court as a court of appeal does not D have the jurisdiction to impose a sentence on appeal in excess of the penal jurisdiction of the court which originally sentenced the offender. However, this principle does not apply when the magistrate proceeds in terms of s 5(4)(iii) or (iv) (which authorises the magistrate either to impose a sentence of imprisonment not exceeding three months should the accused not comply with a sentence of a chief as confirmed by the E magistrate or a sentence imposed by the magistrate in lieu of the chief's sentence, or to impose imprisonment of not exceeding three months in lieu of the chief's sentence). It follows from the aforegoing and from s 3 of the Act that the maximum jurisdiction which the magistrate's court has as a court of appeal is a fine of R400 or three...