proceedings in this matter originate from the subordinate court at
Lubombo held at Tshaneni.
accused was charged with two counts of housebreaking and the trial
was conducted on the basis of these two counts. Indeed the Magistrate
found that the accused was guilty of two counts. When the question of
sentence arose he seems to have dealt with only one count. This is
clearly incorrect and I am setting aside the proceedings in so far as
the sentencing is concerned and remitting the matter to the
Magistrate for imposition of the sentence on both counts on which the
accused was found guilty.
magistrate may reconsider the imposition of a more severe sentence.1