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Mbhele v S (A107/2021) [2022] ZAGPJHC 269 (28 April 2022)
Appeal against sentence dismissed. The High Court confirmed 15 years for robbery with aggravating circumstances and 5 years for kidnapping, to run consecutively.
Makhokha v S (CCT170/18) [2019] ZACC 19; 2019 (7) BCLR 787 (CC); 2019 (2) SACR 198 (CC) (3 May 2019)
The Constitutional Court held that the Regional Magistrate's order denying parole eligibility for the entire 15-year sentence was both statutorily and constitutionally invalid. Section 276B(1)(b) of the Criminal Procedure Act limits non-parole periods to two-thirds of the sentence or 25 years, whichever is shorter, and the order exceeded this limit. Furthermore, the direction that the 15-year sentence would run consecutively to a life sentence contravened section 39(2)(a)(i) of the Correctional Services Act, which requires that determinate sentences run concurrently with life sentences. Both…
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