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S v Abacrombie (200/2014) [2014] ZAFSHC 216 (6 December 2014)

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IN THE HIGH COURT OF SOUTH AFRICA


FREE STATE DIVISION, BLOEMFONTEIN


Case No: 200/2014


DATE: 06 NOVEMBER 2014


In the matter between:-


THE STATE

And


RONALDO PAUL DIETA ABACROMBIE...............................Respondent


CORAM: VAN DER MERWE, J et TSATSI, AJ


JUDGMENT BY: TSATSI, AJ


DELIVERED ON: 6 NOVEMBER 2014


[1] This matter was referred to this court for special review.


[2] On 18 September 2014, after an enquiry in terms of section 35 of the Prevention of and Treatment for Substance Abuse Act 70 of 2008, the magistrate made an order referring the respondent for detoxification and rehabilitation. After making the order it came to the notice of the magistrate that the Department of the Correctional Services had revoked the respondent’s parole and that at the time of the order the respondent had already commenced serving a sentence of imprisonment of 831 days. The magistrate reports that he ascertained that respondent will undergo a rehabilitation program at Grootvlei Prison. In the circumstances the request of the magistrate that the order be set aside, must be acceded to.


[3] In the result the order that the respondent be referred to a rehabilitation centre for detoxification and rehabilitation is set aside.


E. K. TSATSI, AJ


I agree.


C. H. G. VAN DER MERWE, J


Ebeket