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South Africa Case Law

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Criminal Law [2001] ZACC 11

S v Niemand (CCT 28/00)

S v Niemand (CCT 28/00) [2001] ZACC 11; 2002 (1) SA 21 (CC); 2002 (3) BCLR 219 (CC); 2001 (2) SACR 654 (CC); 2001 (11) BCLR 1181 (CC) (8 October 2001)

Court
Constitutional Court
Case number
CCT 28/00
Judges
Madala, Chaskalson, Ackermann, Goldstone, Kriegler, Mokgoro, Ngcobo, Sachs, Yacoob, Madlanga

The Constitutional Court held that section 286 of the Criminal Procedure Act read with section 65(4)(b)(iv) of the Correctional Services Act is unconstitutional because it permits the indefinite detention of habitual criminals without a statutory maximum period. This indeterminacy exposes prisoners to the risk of lifelong incarceration for non-violent offences, which is grossly disproportionate and constitutes cruel, inhuman, or degrading punishment under section 12(1)(e) of the Constitution. The absence of a maximum period is not cured by departmental practice or inferred limits. The appropr…

Source excerpt

  • Indeterminate Sentencing
  • Cruel Inhuman Or Degrading Punishment
  • Habitual Criminals
  • Reading In Remedy
  • Section 12 Rights
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Criminal Law [1994] ZASCA 157

S v Smith (26/94)

S v Smith (26/94) [1994] ZASCA 157 (17 November 1994)

Court
Supreme Court of Appeal
Case number
26/94
Judges
Hefer, Vivier, Nicholas

The court found that the appellants were correctly identified as the perpetrators of the murder based on the direct and corroborated evidence of the State witnesses. The murder was committed in the context of gang warfare within the prison, but the appellants, as high-ranking gang members, acted on their own volition and planned the killing with deliberation. Their extensive criminal records and the brutality of the offence indicated that they were hardened criminals beyond redemption, posing a threat to society and fellow prisoners. The aggravating factors far outweighed any mitigating circu…

Source excerpt

  • Murder
  • Death Sentence
  • Gang Related Offences
  • Habitual Criminals
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.