THE SUPREME COURT OF APPEAL OF SOUTH AFRICA
JUDGMENT

Not reportable
Case No: 180/2018
In the matter between:

WILLEM JAKOBUS ALBERTUS
OOSTHUIZEN                                                                 FIRST APPELLANT
THEO MARTINUS JACKSON

SECOND APPELLANT

and

THE STATE

RESPONDENT

Neutral citation: Oosthuizen & another v The State (180/2018) [2020]
ZASCA 1 (21 January 2020)
Coram:  Van der Merwe, Plasket and Mbatha JJA and Tsoka and Dolamo
AJJA
Heard:
Disposed of without oral hearing in terms of s 19(a) of the Superior
Courts Act 10 of 2013
Delivered:  21 January 2020
Summary: Correction of patent error in order.

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AMENDED ORDER
________________________________________________________________
On appeal from: Gauteng Division of the High Court, Pretoria, functioning as
Mpumalanga Division, Middelburg (Mphalele J sitting as court of first instance):

1 The appeal succeeds.
2 The order of the court a quo is set aside and replaced with the following order:
‘(a) Both accused are found guilty of the offences of assault with intent to do
grievous bodily harm (count 5) and of kidnapping (count 4).
(b) Accused 2 is found guilty of defeating the ends of justice (count 7).
(c) The accused are each sentenced to five years imprisonment on the conviction
of assault with intent to do grievous bodily harm (count 5).
(d) The accused are each sentenced to 1 year imprisonment on the conviction of
kidnapping (count 4).
(e) Accused 2 is sentenced to 1 year imprisonment on the conviction of defeating
the ends of justice (count 7).
(f) It is ordered that the sentence in respect of count 4 is to run concurrently with
the sentence imposed on (count 5).
(g) It is ordered that the sentence in respect of count 7 is to run concurrently with
the sentence imposed in count 5.
(h) The sentences are antedated to 27 October 2017.’

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JUDGMENT
________________________________________________________________
Mbatha JA (Van der Merwe and Plasket JJA and Tsoka and Dolamo AJJA
concurring):
[1] On 2 December 2019, this court made an order in this appeal. This court
upheld the appeal, set aside the order of the trial court and replaced it with an
order imposing substituted convictions and sentences. In terms of para (h) of the
order, these sentences were antedated to 25 August 2017. The fixing of this date
was an error. The intention of this court was to antedate the sentences to          27
October 2017, in keeping with s 282 of the Criminal Procedure Act 51 of 1977.
In the result the error should be corrected so as to give effect to the true intention
of this court. (See Firestone SA (Pty) Ltd v Gentiruco AG 1977 (4) SA 298 (A) at
307D)

[2] In the result the following amended order is made:
1 The appeal succeeds.
2 The order of the court a quo is set aside and replaced with the following order:
‘(a) Both accused are found guilty of the offences of assault with intent to do
grievous bodily harm (count 5) and of kidnapping (count 4).
(b) Accused 2 is found guilty of defeating the ends of justice (count 7).
(c) The accused are each sentenced to five years imprisonment on the conviction
of assault with intent to do grievous bodily harm (count 5).
(d) The accused are each sentenced to 1 year imprisonment on the conviction of
kidnapping (count 4).
(e) Accused 2 is sentenced to 1 year imprisonment on the conviction of defeating
the ends of justice (count 7).
(f) It is ordered that the sentence in respect of count 4 is to run concurrently with
the sentence imposed on (count 5).

(g) It is ordered that the sentence in respect of count 7 is to run concurrently with
the sentence imposed in count 5.
(h) The sentences are antedated to 27 October 2017.’

__________________
Y T Mbatha
Judge of Appeal

Appearances:
For the Appellants:
No appearance

For the Respondent:
No appearance