Issued by: Ministry of Justice
COMMENCEMENT OF SECTIONS 51 TO 53 OF THE CRIMINAL LAW AMENDMENT ACT, 1997
It is hereby announced that another important measure has been taken in respect of the combatting of crime, to wit the imposition of minimum sentences as provided for in Section 51 to 53 of the Criminal Law Amendment Act, 1997 (Act 105 of 1997), witch will come into operation with effect from 1 May 1998.
Section 51 of the Act provides for the imposition of minimum sentences by a High Court or regional court in respect of certain serious offences. The regional court can under certain circumstances now, for example, impose a sentence of up to 25 years. Provision is, however, made for the imposition of lighter sentences if the court is satisfied that extraordinary circumstances exist and if the accused is a child who was under the age of 18 years at the time of the offence. It also provides that the operation of a sentence imposed shall not be suspended.
Section 52 of the Act provides for the committal of an accused for sentence by the High Court after a plea of guilty or a trial in the regional court. If a regional court is of the opinion, after conviction but before sentence of an accused of a serious offence, that punishment in excess of the jurisdiction of a regional court in terms of section 51 should be imposed, the court shall commit the accused for sentencing in the High Court. The section further deals with the powers of the High Court if the Court is not satisfied with the plea of guilty or any admission made by the accused or the conviction of the accused.
Section 53 of the Act provides that sections 51 and 52 shall cease to have effect after the expiry of two years from the commencement of the said sections. If there is still no decline in the crime rate in this period, the operation of this sections can be extended by the President for one year at a time, with concurrence of Parliament, by proclamation in the Gazette. It is trusted that the imposition of minimum sentences will serve as a deterrent factor for offenders.
ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATION SERVICES OF THE DEPARTMENT OF JUSTICE ON BEHALF OF THE MINISTER OF JUSTICE.
30 APRIL 1998 PRETORIA
ENQUIRIES: HEINRICH AUGUSTYN / AMANDA HAASBROEK TEL: (012) 323 9302 X 2190 / X2184 CELL: 082 460 7922