To make provision for the setting aside of all sentences of death in accordance with law and their substitution by lawful punishments; to amend certain laws so as to repeal provisions relating to capital punishment; to provide for minimum sentences for certain serious offences; and to provide for matters connected therewith.
The Minister of Justice shall, as soon as practicable after the commencement of this Act, refer the case of every person who has been sentenced to death and has in respect of that sentence exhausted all the recognised legal procedures pertaining to appeal or review, or no longer has such procedures at his or her disposal, to the court in which the sentence of death was imposed.
The court shall consist of the judge who imposed the sentence in question or, if it cannot be so constituted, the Judge President of the court in question shall designate any other judge of that court to deal with the matter in terms of subsection (3).
The court shall be furnished with written argument on behalf of the person sentenced to death and the prosecuting authority.
may, if necessary, hear oral argument on such written arguments, and shall advise the President, with full reasons therefor, on the appropriate sentence to be substituted in the place of the sentence of death and, if applicable, on the date to which the sentence shall be antedated.
[Para. (b) substituted by s. 25 (a) of Act 34 of 1998.
The President shall set aside the sentence of death and substitute for the sentence of death the punishment advised by the court.
No appeal shall lie in respect of any aspect of the proceedings, finding or advice of the court in terms of subsection (3).
Pending the commencement of the Legal Aid Guide as contemplated in section 3 of the Legal Aid Act, 1969 (Act 18 of 1969), and to the extent that the Legal Aid Guide as it exists at the commencement of this Act does not regulate the position of the granting of legal aid or legal representation in respect of the proceedings referred to in subsections (1) to (5), the Legal Aid Board may issue directives, in consultation with the Minister of Justice, in terms of which legal aid or legal representation may be rendered or made available for purposes of subsections (1) to (5).
The directives contemplated in paragraph (a) shall be published in the Gazette by the Minister of Justice.
Parliament and tabled as soon as possible.
The appeal of every person who has been sentenced to death and who has appealed to the Supreme Court of Appeal against that sentence and not against conviction, shall be heard by the full court of the division which would have heard such an appeal if a direction in terms of section 315 (2) (a) of the Criminal Procedure Act, 1977 (Act 51 of 1977), had, at the time the appeal was noted, been competent and been made by the trial court.
The registrar of the Supreme Court of Appeal shall, as soon as practicable after the commencement of this Act, remit the record of every appeal referred to in subsection (7) to the registrar of the court which will hear such appeal.
The full court shall, in hearing an appeal referred to it in terms of subsection (7), set aside the sentence of death and thereafter have the same powers it would have had if the appeal had been referred to it in terms of section 315 (2) (a) of the Criminal Procedure Act, 1977 (Act 51 of 1977).
All other appeals in cases where the sentence of death was imposed and which are not disposed of by the Supreme Court of Appeal shall be disposed of by that Court: Provided that the said Court shall, if the Court confirms the conviction, set aside the sentence of death and impose such punishment as it considers to be proper.
[Sub-s. (10) substituted by s. 25 (b) of Act 34 of 1998.
A sentence of imprisonment substituted for the sentence of death in terms of this section, may be antedated by the court to a specified date, which shall not be earlier than the date on which the sentence of death was imposed.
For the purposes of this section, any provision of the Criminal Procedure Act, 1977 (Act 51 of 1977), amended or repealed by this Act, shall be deemed not to be so amended or repealed.
2 to 24 inclusive [Ss. 2 to 24 inclusive repealed by s. 106 (1) of Act 42 of 2002.
25 Amends section 30 of the Mental Health Act 18 of 1973 , as follows: paragraph (a) substitutes subsections (1) and (2) respectively; and paragraph (b) deletes subsection (7).
26 Repeals section 3 of the Second General Law Amendment Act 94 of 1974.
27 (1) Substitutes section 18 of the Criminal Procedure Act 51 of 1977.
This section shall be deemed to have come into operation on 27 April 1994.
28 Amends section 79 (1) of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes paragraph (a) ; and paragraph (b) substitutes the words preceding paragraph (b) (i).
29 Amends section 121 (5) (b) of the Criminal Procedure Act 51 of 1977 by deleting the proviso.
30 Amends section 140 (2) (b) of the Criminal Procedure Act 51 of 1977 by deleting the proviso.
31 Amends section 145 (2) of the Criminal Procedure Act 51 of 1977 by deleting the proviso.
32 Amends section 255 (1) of the Criminal Procedure Act 51 of 1977 by substituting paragraph (a).
33 Amends section 257 of the Criminal Procedure Act 51 of 1977 by deleting the second proviso.
34 Amends section 276 (1) of the Criminal Procedure Act 51 of 1977 by deleting paragraph (a).
35 Repeals sections 277, 278 and 279 of the Criminal Procedure Act 51 of 1977.
36 Substitutes section 282 of the Criminal Procedure Act 51 of 1977.
37 Amends section 286 (2) of the Criminal Procedure Act 51 of 1977 by substituting paragraph (c).
38 Amends section 309 (3) of the Criminal Procedure Act 51 of 1977 by substituting the words preceding the proviso.
39 Amends section 315 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (2) (a) ; and paragraph (b) substitutes subsection (4).
40 Repeals section 316 of the Criminal Procedure Act 51 of 1977.
41 Substitutes section 320 of the Criminal Procedure Act 51 of 1977.
42 Amends section 322 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) deletes subsection (2A); and paragraph (b) substitutes subsection (6).
43 and 44 Repeal respectively sections 323 and 325A and 326 of the Criminal Procedure Act 51 of 1977.
45 Amends section 327 of the Criminal Procedure Act 51 of 1977 , as follows: paragraph (a) substitutes subsection (1); paragraph (b) substitutes subsections (3) and (4); and subsection (c) deletes subsection (6) (a) (iii).
46 Amends section 1 of the Criminal Law Amendment Act 1 of 1988 by substituting subsection (1).
47 Repeals sections 19 and 20 of the Criminal Law Amendment Act 107 of 1990.
48 Substitutes section 3 of the Corruption Act 94 of 1992.
49 Repeals section 19 of the General Law Amendment Act 139 of 1992.
The laws mentioned in the second column of Schedule 1 are hereby amended to the extent set out in the third column of that Schedule.
Notwithstanding any other law, but subject to subsections (3) and (6), a regional court or a High Court shall sentence a person it has convicted of an offence referred to in Part I of Schedule 2 to imprisonment for life.
Provided that the maximum term of imprisonment that a regional court may impose in terms of this subsection shall not exceed the minimum term of imprisonment that it must impose in terms of this subsection by more than five years.
(a) If any court referred to in subsection (1) or (2) is satisfied that substantial and compelling circumstances exist which justify the imposition of a lesser sentence than the sentence prescribed in those subsections, it shall enter those circumstances on the record of the proceedings and must thereupon impose such lesser sentence: Provided that if a regional court imposes such a lesser sentence in respect of an offence referred to Part 1 of Schedule 2, it shall have jurisdiction to impose a term of imprisonment for a period not exceeding 30 years.
any relationship between the accused person and the complainant prior to the offence being committed.
[Sub-s. (4) omitted by s. 1 of Act 38 of 2007.
Subject to paragraph (b) , the operation of a minimum sentence imposed in terms of this section shall not be suspended as contemplated in section 297 (4) of the Criminal Procedure Act, 1977 (Act 51 of 1977).
Not more than half of a minimum sentence imposed in terms of subsection (2) may be suspended as contemplated in section 297 (4) of the Criminal Procedure Act, 1977, if the accused person was 16 years of age or older, but under the age of 18 years, at the time of the commission of the offence in question.
This section does not apply in respect of an accused person who was under the age of 16 years at the time of the commission of an offence contemplated in subsection (1) or (2).
If in the application of this section the age of an accused person is placed in issue, the onus shall be on the State to prove the age of that person beyond reasonable doubt.
The amounts mentioned in respect of the offences referred to in Part II of Schedule 2 to the Act, may be adjusted by the Minister from time to time by notice in the Gazette.
a correctional official of the Department of Correctional Services or a person authorised under the Correctional Services Act, 1998 (Act 111 of 1998).
[S. 51 amended by s. 33 of Act 62 of 2000 and by s. 36 (1) of Act 12 of 2004 and substituted by s. 1 of Act 38 of 2007.
[Date of commencement of s. 51: 1 May 1998.
[S. 52 amended by s. 34 (a) , (b) , (c) , (d) , (e) and (f) of Act 62 of 2000 and repealed by s. 2 of Act 38 of 2007.
[Date of commencement of s. 52: 1 May 1998.
52A and 52B.
[Ss. 52A and 52B inserted by s. 35 of Act 62 of 2000 and repealed by s. 2 of Act 38 of 2007.
[Sub-s. (1) substituted by s. 16 (a) of Act 42 of 2001 and deleted by s. 3 (a) of Act 38 of 2007.
[Sub-s. (2) deleted by s. 3 (a) of Act 38 of 2007.
[Sub-s. (2A) inserted by s. 16 (b) of Act 42 of 2001 and deleted by s. 3 (b) of Act 38 of 2007.
a sentence imposed in terms of section 51 or 52A, as the case may be, shall be continued and concluded as if sections 51 and 52A had at all relevant times been in operation.
Sections 51 and 52 shall not derogate from the provisions of section 89 (2) of the Magistrates' Courts Act, 1944 (Act 32 of 1944).
Matters Amendment Act, 2000, had not been passed.
[S. 53 substituted by s. 36 of Act 62 of 2000.
[Date of commencement of s. 53: 1 May 1998.
not committed an accused for sentence by a High Court under this Act, then the regional court must dispose of the matter in terms of this Act, as amended by the Criminal Law (Sentencing) Amendment Act, 2007.
[S. 53A inserted by s. 4 of Act 38 of 2007.
This Act shall be called the Criminal Law Amendment Act, 1997, and shall come into operation on a date fixed by the President by proclamation in the Gazette.
Page 8 of 21 may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court, such lighter sentence shall not exceed a fine of R40 000 or imprisonment for a period of two years.'.
First Schedule by the deletion of the definition of 'capital offence'.
by the substitution for the words following upon paragraph (h) of the following words: 'shall be guilty of an offence and liable on conviction to imprisonment for a period not exceeding 30 years.'.
Page 9 of 21 jurisdiction which is provided for in this Code in respect of any offence, not being a more severe penalty than the maximum penalty so prescribed.'.
Code or any other prescribed offence, may be arrested by any person subject to this Code in whose presence he or she is so engaged or commits any such offence.'.
A person subject to this Code may be tried by a military court having jurisdiction for any civil offence (other than treason, murder, rape or culpable homicide committed by him or her within the Republic), and may in respect of such offence be sentenced to any penalty within the jurisdiction of the court convicting him or her.'.
Code may be tried by a military court at any time after the commission of the offence.'.
Page 10 of 21 officers of the Defence Force who have held commissioned rank for not less than two years, and shall be constituted and convened as may be prescribed.'.
by the deletion of the proviso to subsection (2).
First Schedule by the deletion of paragraph (a) of subsection (1).
Amendment of section 87 of the First Schedule by the deletion of subsection (1).
Repeal of sections 96 and 97 of the First Schedule.
Subject to the provisions of section 95, any sentence shall be executed as soon as possible after it has been confirmed.'.
CRIMINAL LAW AMENDMENT ACT 105 OF 1997 Page 11 of 21 the issues in the case.'.
'The chief disciplinary officer or any assistant disciplinary officer may under warrant take such steps as may be prescribed for the execution of any sentence of imprisonment or detention imposed by a military court.'.
(1) Whenever it appears to the Minister that a convicted prisoner in a prison is mentally ill to such a degree that he or she should be detained in an institution or in a hospital prison for psychopaths, he or she may order the magistrate of the district in which the prison is situated to cause the mental condition of the prisoner to be enquired into.
Whenever it appears to the officer in charge of the prison in which a convicted prisoner is in custody that the prisoner is mentally ill to the degree referred to in subsection (1), he or she shall report the matter to the magistrate of the district in which the prison is situated.'
Amendment of section 49 by the deletion of paragraph (i).
'(3) Any person convicted of any offence under subsection (1) shall be liable on conviction to be sentenced to such sentence as the court may deem fit.'.
'(6) Any person who, with aggravating circumstances as defined in section 8 of this Code, commits housebreaking or attempted housebreaking with intent to commit an offence in contravention of this section shall be liable on conviction to be sentenced to such sentence as the court may deem fit.'.
Code shall be liable on conviction to be sentenced to such sentence as the court may deem fit.'.
Amendment of section 30 by the deletion of subsection (7).
Amendment of section 41 by the deletion of paragraph (a) of subsection (4).
CRIMINAL LAW AMENDMENT ACT 105 OF 1997 Page 13 of 21 by this section, it shall enter those circumstances on the record of the proceedings and may thereupon impose such lighter sentence on the person so convicted: Provided further that in the case of a magistrate's court, such lighter sentence shall not exceed a fine of R40 000 or imprisonment for a period of two years.'.
Amendment of section 1 by the deletion of the definition of 'capital offence'.
' (c) The commission of any officer shall be deemed to have been cancelled on the date on which any sentence of cashiering or dismissal from the Defence Force, which may have been imposed on him or her, is confirmed under the Code.'.
'Any court martial shall have jurisdiction to try any person subject to the Code for any offence other than treason, murder, rape or culpable homicide and may subject to the provisions of the Code, impose in respect of any such offence-'.
by the deletion of subparagraph (i) of paragraph (c) of subsection (1).
by the substitution for the words following upon paragraph (h) of the following words: 'shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding 30 years.'.
The court convicting any person of any offence under this Code may, instead of imposing upon that person any penalty prescribed herein in respect of such offence, impose upon him or her any other penalty within the court's jurisdiction which is provided for in this Code in respect of any offence, not being a more severe penalty than the maximum penalty so prescribed.'.
'(2) Any person who is engaged in any mutiny or riotous or unseemly behaviour or who commits any offence under section 4 of this Code or any other prescribed offence, may be arrested by any person subject to this Code in whose presence he or she is so engaged or commits any such offence: Provided that an officer shall not be liable to arrest by any person other than an officer.'.
Amendment of section 73 of the First Schedule by the deletion of subsection (1).
Repeal of sections 77 and 78 of the First Schedule.
In any case in which a sentence of 12 months imprisonment or more or of cashiering has been imposed, or where application has been made by any accused under section 79 for the review of the proceedings of his or her case, the Council of Review shall, at the request of the accused, allow the accused or his or her counsel and the officer who prosecuted at the trial or any other person appointed for the purpose by the Convening Authority in his or her stead, to appear before it and hear argument on the issues in the case.'.
'The chief disciplinary officer or any assistant disciplinary officer may under warrant take such steps as prescribed for the execution of any sentence of imprisonment, detention or field punishment imposed by any court martial or military court, as the case may be.'.
[NB: The Schedule has been amended by s. 14 (1) of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act 27 of 2006, a provision which will be put into operation by proclamation. See PENDLEX.
PART I[Part I amended by s. 37 of Act 62 of 2000 and by s. 27 (1) of Act 33 of 2004, substituted by s. 68 of Act 32 of 2007 and amended by s. 5 (a) of Act 38 of 2007 and by s. 22 of Act 66 of 2008.
[Para. (e) added by s. 5 (a) of Act 38 of 2007.
the death of the victim resulted from, or is directly related to, any offence contemplated in section 1 (a) to (e) of the Witchcraft Suppression Act, 1957 (Act 3 of 1957).
[Para. (f) added by s. 5 (a) of Act 38 of 2007.
involving the infliction of grievous bodily harm.
created a serious public emergency situation or a general insurrection.
Rome Statute of the International Criminal Court Act, 2002 (Act 27 of 2002).
[NB: An item has been added by s. 14 (1) of the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act 27 of 2006, a provision which will be put into operation by proclamation. See PENDLEX.
[Part II amended by s. 36 (1) of Act 12 of 2004 and by s. 27 (1) of Act 33 of 2004.
Murder in circumstances other than those referred to in Part I.
involving the taking of a motor vehicle.
the offence was committed by any law enforcement officer.
the possession of an automatic or semi-automatic firearm, explosives or armament.
as a member of a group of persons, syndicate or any enterprise acting in the execution or furtherance of a common purpose or conspiracy.
4 or 13.
[Part III substituted by s. 68 of Act 32 of 2007.
Rape or compelled rape as contemplated in section 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively in circumstances other than those referred to in Part I.
Sexual exploitation of a child or sexual exploitation of a person who is mentally disabled as contemplated in section 17 or 23 or using a child for child pornography or using a person who is mentally disabled for pornographic purposes, as contemplated in section 20 (1) or 26 (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.
Assault with intent to do grievous bodily harm on a child under the age of 16 years.
Any offence in contravention of section 36 of the Arms and Ammunitions Act, 1969 (Act 75 of 1969), on account of being in possession of more than 1000 rounds of ammunition intended for firing in an arm contemplated in section 39 (2) (a) (i) of that Act.
[Part IV substituted by s. 5 (b) of Act 38 of 2007.
Escaping from lawful custody.
Regulation of Certain Activities in Country of Armed Conflict Act, 2006.