South Africa Case Law

Sibiya and Others v Director of Public Prosecutions (CCT45/04B)

Sibiya and Others v Director of Public Prosecutions (CCT45/04B) [2006] ZACC 22; 2006 (2) BCLR 293 (CC); 2007 (1) SACR 347 (CC) (30 November 2006)

Court

Constitutional Court

Case number

CCT45/04B

Judges

Yacoob, Langa, Moseneke, Madala, Mokgoro, O'Regan, Sachs, Nkabinde, Van der Westhuizen

The Constitutional Court reviewed compliance with its supervision of death-sentence substitution and recorded that all outstanding sentences had been replaced.

• Death Penalty Substitution
• Supervisory Jurisdiction
• Mandamus
• Constitutional Invalidity
• Criminal Sentencing
• Death-penalty

Sibiya and Others v Director of Public Prosecutions: Johannesburg High Court and Others (CCT 45/04)

Sibiya and Others v Director of Public Prosecutions: Johannesburg High Court and Others (CCT 45/04) [2005] ZACC 16; 2006 (2) BCLR 293 (CC); [2005] JOL 15699 (CC) (7 October 2005)

Court

Constitutional Court

Case number

CCT 45/04

Judges

Yacoob, Langa, Mokgoro, Ngcobo, O'Regan, Sachs, Skweyiya, Van der Westhuizen

The Constitutional Court held that the respondents' explanation for the delay in complying with the previous order was, on the whole, satisfactory. The complexity and magnitude of the information required, the progress made in collating files, and the reasonable assurance of compliance within the extended period justified the grant of an extension. The Court emphasised that the interests of justice required balancing the explanation for delay against potential prejudice to affected individuals. The Court found substantial compliance with its order in the report and affidavit submitted, subjec…

Source excerpt

• Death Penalty Substitution
• Court Supervision Of Orders
• Extension Of Time
• Interests Of Justice
• Criminal Law Amendment Act
• Constitutional Compliance

S v Kgabo and Others (CC 11/1994)

S v Kgabo and Others (CC 11/1994) [2005] ZANWHC 63 (13 September 2005)

Court

North West High Court, Mafikeng

Case number

CC 11/1994

Judge

A A Landman

The High Court recommended substitute sentences after death sentences were invalidated, imposing 25 years for Meisie Kgomo and life imprisonment for Petrus Legong.

• Death Penalty Substitution
• Minimum Sentence Legislation
• Domestic Violence
• Compelling Circumstances
• Sentencing Guidelines
• Death-penalty

Sibiya and Others v Director of Public Prosecutions: Johannesburg High Court and Others (CCT45/04)

Sibiya and Others v Director of Public Prosecutions: Johannesburg High Court and Others (CCT45/04) [2005] ZACC 6; 2005 (5) SA 315 (CC); 2005 (8) BCLR 812 (CC); 2006 (1) SACR 220 (CC); [2005] JOL 14514 (CC) (25 May 2005)

Court

Constitutional Court

Case number

CCT45/04

Judges

Yacoob, Chaskalson, Langa, Madala, Mokgoro, Moseneke, Ngcobo, O'Regan, Sachs, Skweyiya, Van der Westhuizen

Constitutional Court upheld the death-sentence substitution mechanism and ordered the state to complete outstanding substitutions and report back.

• Death Penalty Substitution
• Fair Trial Rights
• Separation Of Powers
• Presidential Conduct Review
• Section 12 Constitution
• Section 35 Constitution

S v Mashinini and Another (CC 75/85)

S v Mashinini and Another (CC 75/85) [2003] ZANWHC 3 (28 January 2003)

Court

North West High Court, Mafikeng

Case number

CC 75/85

Judge

M.T.R. Mogoeng

Advice to the President under the Criminal Law Amendment Act substituted death sentences with 20 and 18 years’ imprisonment, antedated to 18 December 1985.

• Death Penalty Substitution
• Sentencing Discretion
• Murder
• Criminal Appeal
• Criminal Law Amendment Act
• Death-penalty-substitution