10 Compensatory fine (1) In any case in which a person is convicted of any contravention of subsection (2) of section 114 of the Criminal Law Code, the court may impose a fine upon the person convicted by way of compensation, in addition to any sentence which it may have imposed upon him, if— (a) the person convicted is of or above the age of eighteen years and is unable to satisfy the court that he has not or is unable to obtain the means of satisfying any fine which may be imposed under this section; and (b) the court is satisfied that the stock or produce which forms the subject-matter of the charge is the property of some other person; and (c) the stock or produce has not been recovered or, if recovered, is worth less than its market value at the time of the theft; and (d) the owner of such stock or produce does not apply under the Criminal Procedure and Evidence Act [Chapter 9:07] for compensation. (2) The fine imposed in terms of subsection (1) shall not exceed— (a) where the stock or produce has not been recovered, an amount equal to the market value of such stock or produce at the time of the theft; (b) where the stock or produce has been recovered, an amount equal to the difference between the market value thereof at the time of the theft and the value of such stock or produce when it was recovered; less, in either case, the amount of any compensation which may have been paid to the owner by or on behalf of the person convicted. (3) A fine imposed in terms of this section may be recovered in the manner provided by section 348 of the Criminal Procedure and Evidence Act [Chapter 9:07], and any amount so recovered shall be paid to the owner of the stolen stock or produce, subject to the owner giving security de restituendo in case the judgment of the court is reversed on appeal or review. (4) If the court imposes a fine in terms of this section it shall, at the same time, sentence the person convicted to a term of imprisonment not exceeding twelve months in default of payment thereof or recovery thereof in terms of subsection (3). (5) If some other sentence of imprisonment for the offence has been imposed upon the person convicted, then any sentence of imprisonment imposed in terms of subsection (4) shall be served after the expiration of such other sentence of imprisonment. (6) In addition to the special jurisdiction conferred in terms of section nine, a magistrate shall have special jurisdiction to impose a fine and sentence of imprisonment in terms of this section. [Section amended by Act 6/2004, and Act 23/2004. The reference to section 9 in subsection (6) is now otiose, section 9 having been repealed by Act 9/2006.] 11 … and 12 ... Sections repealed by Act 23/2004 . -4-