Life imprisonment in South Africa: yesterday, today, and tomorrow

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Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Juta Law

Abstract

Life imprisonment has been part of South Africa's penal regime for decades. This article analyses how this form of punishment has changed in meaning in since 1906. The author looks at life imprisonment during the death penalty period ; life imprisonment in the aftermath of the abolition of the death penalty ; life imprisonment under the Criminal Law Amendment Act, when it could only be imposed by the High Courts ; and life imprisonment during the Criminal Law Amendment Act, when the regional courts were also empowered to impose this sentence. The author discusses the laws and circumstances which prevailed in the above four periods. With life imprisonment now being the severest sentence that can be imposed in South Africa, the author highlights the challenges associated with it and calls upon the government, courts and civil society to think seriously about how this form of punishment should be administered so as to avoid confusing inmates and exposing the government to litigation.

Description

Keywords

Sentencing, Life imprisonment, Death penalty, South Africa, Criminal Law Amendment Act, Life sentence, Punishment

Citation

Mujuzi, J. (2009). Life imprisonment in South Africa: yesterday, today, and tomorrow. South African Journal of Criminal Justice, 22(1): 1-38