26 April 2001
The Judicial Matters Amendment Act, 2000 (Act 62 of 2000), hereafter the Act, commenced on 23 March 2001, and will be extending the application of legislation dealing with minimum sentences, as provided for in the Criminal Law Amendment Act, 1997 (Act 105 of 1997), hereafter the Amendment Act. This extension will take effect from 1 May 2001. The Proclamation will be published in the Government Gazette of 30 April 2001.
Section 51 of the Amendment Act provides for the circumstances under which a High Court of a Regional Court shall impose certain minimum sentences for serious offences. Section 52 provides for the committal of an accused for sentencing by the High Court under certain circumstances.
Section 53(1) of the Amendment Act provides that sections 51 and 52 shall cease to have effect after the expiry of two years from commencement of the Amendment Act, unless extended by the President with the concurrence of Parliament for one year at a time.
The Act was put into operation in order to eliminate problems experienced in practice with the application of the Amendment Act, and the terms of Section 36 of the Act, the period of the Amendment Act may be extended from one year to two years at a time.
The need for minimum sentencing is great, for the incidence of serious crime in this country is still unacceptably high. Further, there is a public demand for more stringent punishment for convicted offenders. The introduction of minimum sentences help to restore confidence in the ability of the criminal justice system to protect the public against crime, and will confirm the Government's policy which aims to curb the increasing crime rate and to protect the community against criminals.
ISSUED BY THE CHIEF DIRECTORATE: COMMUNICATION SERVICES OF THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT.