THE HIGH COURT OF SWAZILAND
AT MBABANE .
the matter between:
DVUBE KING NKAMBULE
OF SHISELWENI 15 APRIL 1994
two accused were charged with the theft of a motor vehicle before the
Senior Magistrate, Nhlangano. At the conclusion of the trial accused
No. 1 was found not guilty. Accused No. 2. was convicted as charged
and was sentenced to 5 years imprisonment. He was sentenced to a
further 12 months imprisonment which was conditionally suspended for
3 years. The case is before me on automatic review.
evidence led at the trial amply justified the conviction of accused
No. 2. The accused was one of 3 persons who were arrested by members
of the Umbutfo Swaziland Defence Force as they crossed illegally into
Swaziland from the Republic of South Africa in the stolen motor
vehicle. The conviction is accordingly confirmed on review.
to the question of sentence the Senior Magistrate came to the
conclusion that "the proper sentence would be one that is partly
custodial and partly suspended". The Senior Magistrate gave full
reasons for the conclusion he reached. Due consideration was given to
the personal circumstances of the accused and the menace that car
thieves have become. When the matter was placed before me I enquired
from the Senior Magistrate as to whether any consideration had been
given to suspending a portion of the 5 years sentence as opposed to
the imposition of a further 12 months suspended sentence. The Senior
Magistrate has replied to the effect that he concedes that it would
have been proper in the circumstances of this case, to suspend a
portion of the 5 year sentence.
in cases of car theft are generally in the region of 3 to 5 years.
This is clearly as a result of the continued increase of cases of car
theft. People who steal cars must be made to realise that this is a
serious offence and that they will be dealt with appropriately if
detected and convicted. I will proceed to suspend a position of the
5. year sentence with this consideration in mind.
sentence imposed by the Senior Magistrate is altered to read-
years imprisonment. 2 years of the sentence are suspended for a
period of 3 years on condition that the accused is not convicted of
any offence of which theft is an element and for which the accused is
sentenced to a term of imprisonment without the option of a fine,
committed within the period of suspension.
accused is to be produced before the Senior Magistrate to have the
effect of this order explained to him and his committal warrant