R v September [1880] ZASCCGH 2 (12 January 1880)

The Vagranay Act (No. 23 of 1879), §§ 2, 9, & 11-Wandering
Abroad.
A Magistrate is not empowered by § ll of the Vagraney Act
to give an alternative sentence of employment.

S., a native was found lying in front of a hut at 0. He did not live at 0., and had been there three days without employment, though there was plenty to be had, and though he had no means of support. He was charged before the Resident Magistrate of 0., under the 2nd seetion of the Vagraney Act, found guilty, and sentenced to three months' hard labour, unless other employment should be sooner obtained, for the unexpired portion of the sentence. Held, upon review, that S. was rightly convicted under the 2nd section of the Act, but that the Magistrate had no power to inflict upon him an alternative sentenee of employment under the 11th section.