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Mkhatshwa v S (A112/21) [2021] ZAGPPHC 354 (27 May 2021)
High Court appeal against refusal of bail on alleged new facts under the Criminal Procedure Act was dismissed.
Senwedi v S (CCT 225/20) [2021] ZACC 12; 2022 (1) SACR 229 (CC); 2023 (4) BCLR 449 (CC) (21 May 2021)
The Constitutional Court held that the High Court was not empowered to impose a non-parole period of 25 years at the time of sentencing, as section 276B of the Criminal Procedure Act only came into operation on 1 October 2004, after the applicant's conviction and sentence. The imposition of the non-parole period constituted an increased sentence not permitted by law at the relevant time and was therefore invalid. The Court further found that the applicant and his co-accused were not afforded an opportunity to address the fixing of the non-parole period, which amounted to a fatal procedural mi…
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