Issued by: The Ministry of Justice
MEDIA RELEASE BY DR A M OMAR MP, MINISTER OF JUSTICE PERTAINING TO THE CONVERSION OF DEATH SENTENCES IN TERMS OF THE CRIMINAL LAW AMENDMENT ACT, 1997
Following the decision of the Constitutional Court declaring capital punishment unconstitutional it was necessary to promote legislation to convert the sentences of those prisoners who were under sentence of death at the time to appropriate sentences. The Criminal Law Amendment Act, 1997 was passed by Parliament and brought into operation on 13 November 1998.
The Act provides for the following procedure to be followed:
(a) The cases of those who have been sentenced to death and have exhausted all the recognised legal procedures pertaining to appeal of review, must be referred to the court in which the sentences were imposed.
(b) The matter must be considered by the Judge who imposed the original sentence or, if he or she is not available, the Judge President of the particular court must designate another judge of that court to deal with the matter.
(c) The court must consider written argument on behalf of those persons and the prosecuting authority.
(d) The court may, however, if necessary, hear oral argument on the written arguments.
(e) The court must thereafter advise the President on an appropriate sentence and, if applicable, on the date to which the sentence must be antedated.
(f) The President must then set aside the death sentence and substitute therefor the punishment advised by the court.
The Minister has already had discussions with the Chief Justice and the Judges President on the implementation of the procedure. We are therefore in a position to begin with the process of resentencing. As a matter of fact the Registrars of the various High Courts have already been activated to doe the necessary.
The Chairperson of the General Council of the Bar has indicated that members of the Bar would be prepared to represent the relevant prisoners on a pro Amoco basis. The gesture is appreciated since it will enable all those prisoners to be properly represented during the proceedings.
We hope to have all these matters disposed of as soon as possible. It will bring an end to the uncertainty which currently exists in respect of the sentences which need to be served by the relevant prisoners and will also ease the task of the Department of Correctional Services.
The position in relation to Messrs Walus and Derby-Lewis is that the final disposal of their appeals against the death sentence imposed upon them in respect of their convictions for murder has been postponed. This matter is still pending in the Supreme Court of Appeal. It has in the meantime been postponed to a date still to be determined.
ISSUED BY PAUL SETSETSE ON BEHALF OF MINISTER OMAR
Tel: 012 - 323 8581/2
Cell: 082 2425770
PRETORIA
8 April 1999