Makgoba v S (A12/2016)
Makgoba v S (A12/2016) [2016] ZAGPPHC 796 (7 September 2016)
The court held that the sentencing court's recommendation that the appellant not be released on parole before serving 45 years was unlawful. At the time of sentencing, section 276B of the Criminal Procedure Act had not yet come into force and does not apply retrospectively. The recommendation constituted an impermissible intrusion into the executive's domain, as the determination of parole eligibility is the prerogative of the Department of Correctional Services, guided by the Correctional Services Act and its regulations. The court confirmed that sentencing jurisdiction is statutory and cour…
Source excerpt
- Parole Recommendation
- Sentencing Jurisdiction
- Minimum Sentence
- Executive Vs Judiciary
- Retrospective Application
- Correctional Services Act