Zono v S (20182/2014) [2014] ZASCA 188 (27 November 2014)

Zono v S (20182/2014) [2014] ZASCA 188 (27 November 2014)

The Supreme Court of Appeal held that the fixing of a non-parole period constitutes an increase in penalty and cannot operate retrospectively. At the time the offences were committed in July 1995, there was no legislative provision authorising courts to stipulate non-parole periods; parole was within the discretion of the executive under the Correctional Services Act 8 of 1959. Section 276B of the Criminal Procedure Act, which empowers courts to fix non-parole periods, was only introduced in 2004 and does not apply to offences committed prior to its commencement. The full court's order fixing a non-parole period was therefore impermissible and must be set aside.

Citation
[2014] ZASCA 188
Parties
Appellant: Thabang Sidwell Zono; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 2014
Case Number
20182/2014
Procedural Posture
Criminal Appeal / Appeal From Full Court Decision on Sentence
Outcome
Appeal upheld; order fixing non-parole period set aside.
Judges
Cachalia, Leach, Theron
Legal Topics
Non Parole Period, Retrospective Penalty, Criminal Procedure Act, Sentencing Powers
Criminal Law Civil Procedure Non Parole Period Retrospective Penalty Criminal Procedure Act Sentencing Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Thabang Sidwell Zono

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Full Court Decision on Sentence

Legal Issues

  1. 1 Whether a court may fix a non-parole period for offences committed before the promulgation of section 276B of the Criminal Procedure Act 51 of 1977.
  2. 2 Whether the imposition of a non-parole period constitutes an impermissible retrospective increase in penalty.

Ratio Decidendi

The Supreme Court of Appeal held that the fixing of a non-parole period constitutes an increase in penalty and cannot operate retrospectively. At the time the offences were committed in July 1995, there was no legislative provision authorising courts to stipulate non-parole periods; parole was within the discretion of the executive under the Correctional Services Act 8 of 1959. Section 276B of the Criminal Procedure Act, which empowers courts to fix non-parole periods, was only introduced in 2004 and does not apply to offences committed prior to its commencement. The full court's order fixing a non-parole period was therefore impermissible and must be set aside.

Court Disposition

Appeal upheld; order fixing non-parole period set aside.

Orders

  • The appeal is upheld.
  • The order of the full court fixing a non-parole period is set aside.