CASE NO. CR. 107/2008

IN THE
HIGH COURT OF NAMIBIA

In
the matter between:

THE STATE

and

CLAYTON
MPEDZISI

HIGH COURT
REVIEW CASE NO.: 290/2008

CORAM: HOFF,
J et SILUNGWE, AJ

Delivered
on: 2008.10.06

REVIEW
JUDGMENT:

HOFF,
J:

[1] The
accused had been correctly convicted in the magistrate’s court
in Gobabis of the offence of remaining in Namibia after expiration of
a temporary visitors entry permit in contravening of the provisions
of section 29(5) of the Immigration Control Act 7 of 1993. He was
sentenced as follows:

“N$4 000.00
or 12 months imprisonment of which half is suspended for 5 years on
condition that the accused is not convicted of C/s 29(5) of Act 7 of
1993 committed during the period of suspension.”

[2] I
directed a query to the magistrate requesting him to explain what he
meant with “of
which half is suspended”.

[3] The
magistrate replied and stated that the sentence should read as
follows:

“N$4 000.00
or 12 months imprisonment of which N$2 000.00 or 6 months
imprisonment are suspended for 5 years on condition that accused is
not convicted of C/s 29(5) of Act 7 of 1993 committed during the
period of suspension.”

[4] I agree that this is how the sentence should
have been framed in the first instance.

[5] In
the result the conviction is confirmed and the sentence is rectified
to read as follows:

N$4 000.00 or 12
months imprisonment of which N$2 000.00 or 6 months imprisonment are
suspended for a period of 5 years on condition that the accused is
not convicted of contravening section 29(5) of Act 7 of 1993
committed during the period of suspension.

____________

HOFF,
J

I
agree

________________

SILUNGWE,
AJ