REPUBLIC
OF NAMIBIA

CASE NO.:
CR 54/2010

IN
THE HIGH COURT OF NAMIBIA

In the matter
between: STATE

versus

WAKUNUMA
WAKUNUMA

(HIGH
COURT REVIEW CASE NO.: 1467/10)

CORAM: VAN
NIEKERK, J et
NDAUENDAPO,
J

Delivered on:
28 September 2010

REVIEW
JUDGMENT

VAN
NIEKERK, J [1]
The accused was convicted in the magistrate's

court
at Katima Mulilo on a charge of contravening section 14(1)(a) of the
Custom and Excise Act, 20 of 1998, in that he failed to declare goods
in his possession which he brought into Namibia. However, there is a
problem with the formulation of the suspended sentence imposed, in
that the magistrate made it a condition of suspension that the
accused should not be convicted of a contravention of "S.(4)(5)
of Act 20 of 1998", which does not make sense. The relevant
statutory provision is section 14(1)(a) of Act 20 of 1998.
Furthermore, she described the offence as being one of not declaring
"property", whereas section 14(1)(a) uses the word "goods".

[2] The
result is that the following order is made:

1. The
conviction is confirmed.

2. The
sentence imposed is substituted with the following sentence: "N$1000
(One Thousand Namibia Dollars) or 1(one) year imprisonment of which
N$500 (Five Hundred Namibia Dollars) or 6 (six) months is suspended
for 4 (four) years on condition that the accused is not found guilty
of not declaring goods in contravention of section 14(1)(a) of the
Customs and Excise Act, 20 of 1998, committed during the period of
suspension".

VAN
NIEKERK, J

I concur.

NDAUENDAPO,
J