Court name
High Court Main Division
Case number
CRIMINAL 24 of 2013
Title

S v Tjizu (CRIMINAL 24 of 2013) [2013] NAHCMD 84 (28 March 2013);

Media neutral citation
[2013] NAHCMD 84
Coram
Ndauendapo J
Unengu AJ












NOT
REPORTABLE





REPUBLIC
OF NAMIBIA


HIGH
COURT OF MAIN DIVISION, WINDHOEK





REVIEW
JUDGMENT





Case
no: CR 24/2013


In
the matter between:





THE
STATE
......................................................................................................APPLICANT


And


ISMAEL
TJIZU
.............................................................................................RESPONDENT





(HIGH
COURT MAIN DIVISION CASE NO 1004/2012)





Neutral
citation: The State v Tjizu (CR 24/2013) [2013] NAHCNLD 84 (28
MARCH 2013)





Coram:
NDAUENDAPO J et UNENGU ACTING


Delivered:
28 March 2013


___________________________________________________________________
JUDGMENT


___________________________________________________________________





NDAUENDAPO
J (UNENGU acting, concurring)





[1]
The accused, Ismael Tjizu, appeared in the magistrate’s court
at Swakopmund on a charge of theft.


He
pleaded guilty and was convicted as charged and the matter was
disposed of in terms of section 112 (1) (b) of Act 51 of 1977. He was
sentenced as follows:





[2]
‘Fined N$1000 (one thousand Namibian dollars) of which
N$1000 (one thousand Namibian dollars) is suspended for a period of 2
(two) years on the following conditions.


1.
That the accused is not convicted of theft or attempted theft
committed during the period of suspension or


4
(four) months imprisonment of which 4 (four) months is suspended for
a period of 2 (two) years on the following condition.


[3]
That the accused is not convicted of theft or attempted theft
committed during the period of suspension’.





[4]
The sentence is confusing and not in accordance with the law and
cannot be allowed to stand.





[5]
In the result, I make the following order





(1)
The conviction is confirmed


(2)
The sentence is set aside and substituted with the following:


Fined
N$1000 (one thousand Namibian dollars) or in default of payment four
months imprisonment wholly suspended for a period of 2 years on
condition that the accused is not convicted of theft or attempted
theft committed during the period of suspension.











___________________


GN
NDAUENDAPO


JUDGE











___________________


EP
UNENGU


ACTING
JUDGE