NOT REPORTABLE

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

	Case No: CR 28/2016 

THE STATE	

versus

SWARTBOOI REVIVAL 
AFRIKANER IVAN

(HIGH COURT MAIN DIVISION REVIEW REF NO. 52/2016)
(MAGISTRATE’S REVIEW NO.: 95/2015)

Neutral citation:  S v Swartbooi and Another (CR 28/2016) [2016] NAHCMD 103 (8
                             April 2016)

Coram:	LIEBENBERG, J et SHIVUTE, J

Delivered:	8 April 2016

ORDER

1.	Each accused is sentenced to N$1000 (one thousand) fine in default of payment three months imprisonment.
2.	Sentence antedated to 30 November 2015.

REVIEW JUDGMENT

SHIVUTE J (LIEBENBERG, J concurring):

[1]	The accused persons were convicted of drunk, violent or disorderly conduct in a public place contravening s 71(1)(h)(i) read with ss1, 57, 71(2), 71(3) and 72 Act 6 of the Liquor Act 1998 upon their own bare plea of guilty

[2]	The conviction is in order.  However, the problem lies with the sentence which reads:
‘Fined N$1000 (one thousand) in default 3 three months imprisonment.’

[3]	I directed a query to the magistrate what she meant by the sentence and whether the sentence would have to be shared.

[4]	In response to the query the learned magistrate said he intended to mean that each accused is sentenced to a fine of N$1000 (one thousand) or 3 months imprisonment.  

[5]	The concession is correctly made, and the sentence will be amended accordingly.  The sentence must be clear and concisely framed for it not to create uncertainty. 

[6]	In the result the sentence is altered to read:
1.	Each accused is sentenced to N$1000 (one thousand) fine in default of payment three months imprisonment.
2.	Sentence antedated to 30 November 2015.

_________________________
N N Shivute
Judge

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J C Libenberg
Judge