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Mehlape v S (AA08/2019) [2020] ZALMPPHC 59 (17 June 2020)
Appeal against an indefinite sentence under the dangerous criminal provisions was dismissed. The High Court held the trial court properly exercised its sentencing discretion.
S v Bull and Another; S v Chavulla and Others (221/2000) [2001] ZASCA 105; 2002 (1) SA 535 (SCA); 2002 (6) BCLR 551 (SCA); 2001 (2) SACR 681 (SCA) (26 September 2001)
Sections 286A and 286B of the Criminal Procedure Act are not unconstitutional. The provisions do not compel courts to act in contravention of constitutional rights and include sufficient procedural safeguards, such as psychiatric evaluation and judicial discretion, to ensure proportionality and legality. The criteria for declaring an accused a dangerous criminal, while broad, are not unconstitutionally vague and require a predictive judgment based on personal characteristics, history of violence, and expert evidence. The sentences imposed by the trial courts were excessive and amounted to cru…
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