R NOT REPORTABLE
HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK
Case no: CR 14/2013
THE STATE
Versus
NXAU TSAMKXAO HEIDEN
(HIGH COURT MAIN DIVISION REF. NO 922/2012)
(MAGISTRATE SERIAL NO. :3/2012)
Neutral citation: The State v Heiden (CR 14/2013) [2013] NAHCMD 49 (26 February 2013)
Coram: SHIVUTE, J et UNENGU, AJ
Delivered: 26 February 2013
ORDER
The conviction and sentence are confirmed.
The order of forfeiture of N$97.00 to the state is set aside and substituted with
the forfeiture of N$10.00 to the state.
REVIEW JUDGMENT
SHIVUTE J (UNENGU, A J concurring):
[1] The accused appeared in the magistrate’s court Grootfontein on a charge of possession of dependence producing substance contravening s 2 (b) of Act 41 of 1971 as amended. He was convicted as charged after the state led evidence.
[2] I am satisfied with the conviction, however, an order was made that N$97.00 was forfeited to the state. According to the record the amount of N$97.00 was not featured anywhere.
[3] I directed a query to the magistrate as to how did the amount of N$97.00 get involved in the matter?
[4] The learned magistrate responded to the query that, the accused was found with N$10.00 in his pocket and not N$97.00. Therefore the order should have read N$10.00 forfeited to the state.
[5] I fully agree with the magistrate’s explanation that N$10.00 was supposed to be forfeited to the state and not N$97.00.
[6] In the result the following order is made:
The conviction and sentence are confirmed.
The order of forfeiture of N$97.00 to the state is set aside and substituted with
the forfeiture of N$10.00 to the state.
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N N Shivute
Judge
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E P Unengu
Acting Judge