South Africa Case Law

Zono v S (20182/2014)

Zono v S (20182/2014) [2014] ZASCA 188 (27 November 2014)

Court

Supreme Court of Appeal

Case number

20182/2014

Judges

Cachalia, Leach, Theron

The Supreme Court of Appeal held that the fixing of a non-parole period constitutes an increase in penalty and cannot operate retrospectively. At the time the offences were committed in July 1995, there was no legislative provision authorising courts to stipulate non-parole periods; parole was within the discretion of the executive under the Correctional Services Act 8 of 1959. Section 276B of the Criminal Procedure Act, which empowers courts to fix non-parole periods, was only introduced in 2004 and does not apply to offences committed prior to its commencement. The full court's order fixing…

Source excerpt

• Non Parole Period
• Retrospective Penalty
• Criminal Procedure Act
• Sentencing Powers

Mchunu and Another v S (825/2012)

Mchunu and Another v S (825/2012) [2013] ZASCA 126 (25 September 2013)

Court

Supreme Court of Appeal

Case number

825/2012

Judges

Maya, Shongwe, Pillay, Willis, Zondi

The Supreme Court of Appeal set aside a non-parole period imposed for murders committed before section 276B came into force, finding the order retrospectively punitive.

• Non Parole Period
• Retrospective Penalty
• Sentencing Principles
• Murder
• Attempted Robbery
• Non-parole-period