| (1) |
In hearing any appeal to him under the provisions of section 20 of the Black Administration Act, 1927 (Act No. 38 of 1927), the magistrate shall hear and record such available evidence as may be relevant to any question in issue and shall thereupon either— |
| (a) |
confirm or vary the conviction and— |
| (i) |
confirm the sentence imposed by the chief, headman or chief’s deputy and order that the said sentence be satisfied forthwith; or |
| (ii) |
set aside the sentence imposed by the chief, headman or chief’s deputy and in lieu thereof impose such other sentence as in his opinion ought to have been imposed; and |
| (iii) |
impose a sentence of imprisonment for a period not exceeding three months on default of compliance forthwith with the order or sentence made or imposed under subparagraph (i) or (ii); or |
| (iv) |
set aside the sentence imposed by the chief, headman or chief’s deputy and in lieu thereof impose a sentence of imprisonment for a period not exceeding three months without the option of a fine; or |
| (b) |
uphold the appeal and set aside the conviction and sentence. |
| (2) |
The magistrate shall issue in respect of any person who has been sentenced to imprisonment under subsection (1), a warrant for his detention in a prison. |
[Section 309A inserted by section 2 of Act No. 34 of 1986]
South African Institute for Drug Free Sport Act, 1997
