What Is A Life Sentence In South Africa?
While a life sentence should ideally stretch for the rest of a person’s life, some sentences are fair enough and may see offenders reclaim their freedoms. An excellent example of such rulings includes a sentence of about three decades to life with parole chances. Court ruling often attracts applause or outrage depending on the side of the ruling one finds themselves. In the current standing, a life sentence in South Africa is not static but rather a product of critical factors in the realms of the case.
How Long Is A Life Sentence In South Africa?
Before disclosing the exact period of life sentence imprisonment in South Africa, it is essential to note that the severity of a crime in itself does not entirely inform the length of a life sentence. Instead, judges consider the relevant personal circumstances surrounding the case, considering that the offenders are also humans.Another important consideration is the public interest, which determines the final ruling and the span of a life sentence. South African life imprisonment has an undetermined length, which may last as long as the offender’s remaining life.
Some of the actions that may attract life sentencing include gang rape, premeditated murder, farm murder, gang and serial rape, especially when the offender had prior consent about their positive HIV status. It is also a matter of concern, especially when the victims were mentally disabled or underage when committing the offence. Other circumstances that can attract a mandatory life sentence include hijacking and robberies. Section 51 of the Criminal Law Amendment Act of 1997 provides the following varying sentencing options in South Africa.
- Murder offenders: about 25 years
- Rape offenders: about 15 years
- Robbery offenders: about 10 years
Recent Cases Review Of Life Sentences In South Africa
The best way to learn more about this is to analyse certain outspoken cases. Some exceptional cases attract life imprisonment extending to long periods of 1,000 years with no possibility of parole. Moses Sithole case is a perfect example of a ruling that gives no room for pardon.
Parole meaning in this application encompasses temporary or permanent releases of offenders ahead of completing their sentence term on the grounds of improved behaviours. Here is a review of a recent criminal case in South Africa that ended up or could end up in life imprisonment.
Mosimanegape Moleta’s case In one of the most compelling cases in South Africa, Mosimanegape Moleta was sentenced to life imprisonment, an additional five years for rape, and 15 years for robbery. The North West High Court imposed the sentence.
The convicted criminal’s series of crimes started on April 26, 2012, at Phatsima village in Molopo District. According to court records, he broke into a house with the intent of committing a crime. While inside, Mosimanegape Moleta raped Goitseone Ramakepe and choked her to death. Also, according to the National Prosecuting Authority (NPA), the culprit committed another crime on August 18, 2012, of a similar nature. This time, he rapped an older woman with a mental disability after breaking into her house.
And that is not all, back in 2016, Mosimanegape Moleta raped another woman in Phatsima village, who he ordered to undress at gunpoint. He also robbed the lady R40. Police captured Mosimanegape Moleta in Mocoseng village on October 18, 2017, after getting a tip-off from a police informer. He was caught with two unlicensed firearms and ammunition. During Mosimanegape Moleta’s sentencing, the judge stated that the suspect had no respect for women and that his offences deserve sentencing.
And Judge Tebogo sentenced Moleta to three years for every count of housebreaking, 15 for robbery, five years for the firearm, five for sexual offences, three counts each for having illegal guns and two years for ammunition. These sentences would run concurrently with the life sentence he was also given.
Factors That Determine The Length Of Life Imprisonment In South Africa
Are you wondering how are days counted in jail in South Africa? As aforementioned, South African trial courts are responsible for sentencing criminal offenders. For this reason, they establish the type of crime and its weight before proving the verdict based on discretion.Various principles are acceptable and suitable for determining appropriate punishment and sentences. However, the three central tenets commonly applied are called the Triad of Zinn, including public interest, the gravity of the offence, and circumstances confronting the offender, as further discussed.
i. The severity of the crime The court takes a comprehensive approach to determine the offence’s seriousness on trial and its resulting impacts. Of interest also are mitigating and aggravating factors. Fairness of the punishment concerning the crime is core in establishing a ruling on the length of a life sentence. Cases that involve violent crimes require that the court considers the extent of violence, the brutality, weaponry used, and level of harm on attack victims, among other relevant factors.
ii. Offenders’ circumstances Courts understand that offenders have human characteristics such as age, criminal record, health status, employment status, and motives. It is also essential to the courts regarding if the offender has dependents.
Mosimanegape Moleta’s case cites that he didn’t respect women and repeated the same offence multiple times. Such circumstances inform the judge’s opinion when giving a sentence.
iii. Public interest Courts are keen to render proper community sentences purposely to serve as a warning and deterrent to criminals. Sometimes, increased punishment aims to teach the public without necessarily implying the proportion of crime. However, the social and economic costs accompanying long incarcerations are significant before arriving at a verdict. Parties that believe that the decision was disproportionate can always appeal for remedies.
Questions on minimum sentences for ordinary crimes remain unanswered for most parts. Judges can deviate from these fixed minimums only when the offender is underage or a circumstance compelling enough to validate such a verdict. Another cause of interest is the unpredictability of the law contrary to public expectations. For this reason, court processes drag in an attempt to include as many factors as possible ahead of a fairly delivered verdict.
