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What Is Life Imprisonment in South Africa

In South Africa, life imprisonment has an indefinite duration and may extend for the rest of the offender’s life. It is a mandatory punishment for premeditated murder, gang rape, serial rape, including rape where the rapist knew the victim was HIV positive, or rape where the rapist knew the victim was under the age of 16 and/or intellectually retarded. Robberies and hijackings (including aircraft hijacking) carry a mandatory life sentence in certain cases.

 

The minimum sentences for other types of murders, rapes, and robberies in South Africa are 25, 15, and 10 years, respectively, according to Section 51 of the Criminal Law Amendment Act of 1997, so parole is almost always granted to prisoners serving life sentences after the minimum sentence for the lesser crime has been served. However, after serving 25 years, a prisoner is entitled to a parole hearing.

 

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In 2012, new legislation went into effect that stated that any prisoner who received a life sentence prior to 2004 might petition for parole after completing at least 13 years and four months of their sentence.

 

In exceptional circumstances, such as the case of serial killer Moses Sithole, life imprisonment without the prospect of release or pardon for an indefinite amount of time (such as 1,000 years) can be inflicted.

 

What offenses are punishable by life in prison?

If you are found guilty of murder, a court must sentence you to life in prison. Other heinous offenses, such as rape or armed robbery, may result in a life sentence imposed by a court. If you are sentenced to life in prison, you will serve it for the remainder of your life.

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What is the distinction between life incarceration and life imprisonment?

Life imprisonment means that the condemned prisoner will be imprisoned for the remainder of his or her life. In the case of Bhagirath & Ors v. Delhi Administration, the Supreme Court of India defined imprisonment for life as imprisonment for the rest of the convict’s natural life.

 

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