NOT REPORTABLE

 

REPUBLIC OF NAMIBIA

HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

	Case no: CR 14/2013  

THE STATE                                                                                       
Versus
NXAU TSAMKXAO HEIDEN
(HIGH COURT MAIN DIVISION REF. NO 922/2012)
(MAGISTRATE SERIAL NO. :3/2012)
Neutral citation:       The State v Heiden (CR 14/2013) [2013] NAHCMD 49 (26 February 2013) 
                                                                                                                                                 
Coram:	SHIVUTE, J et UNENGU, AJ
	
Delivered:	 26 February 2013

ORDER

1.	The conviction and sentence are confirmed.

2.	The order of forfeiture of N$97.00 to the state is set aside and substituted with 
the forfeiture of N$10.00 to the state.

REVIEW JUDGMENT

SHIVUTE J (UNENGU, A J concurring):

[1]	The accused appeared in the magistrate’s court Grootfontein on a charge of possession of dependence producing substance contravening s 2 (b) of Act 41 of 1971 as amended.  He was convicted as charged after the state led evidence.	 

[2] 	I am satisfied with the conviction, however, an order was made that N$97.00 was forfeited to the state.  According to the record the amount of N$97.00 was not featured anywhere.

[3]	I directed a query to the magistrate as to how did the amount of N$97.00 get involved in the matter?	
	
[4]	The learned magistrate responded to the query that, the accused was found with N$10.00 in his pocket and not N$97.00.  Therefore the order should have read N$10.00 forfeited to the state.

[5]	I fully agree with the magistrate’s explanation that N$10.00 was supposed to be forfeited to the state and not N$97.00.	
	  
[6]	In the result the following order is made:

1.	The conviction and sentence are confirmed.

2.	The order of forfeiture of N$97.00 to the state is set aside and substituted with
the forfeiture of N$10.00 to the state.

  

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N N Shivute
Judge

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E P Unengu
Acting Judge