CCT28/00

[2001] ZACC 11

2002 (1) SA 21 (CC)

2002 (3) BCLR 219 (CC)

Madala J

22 February 2001

8 October 2001

http://hdl.handle.net/20.500.12144/2118

Application for leave to appeal to the Supreme Court of Appeal failed. Application to Constitutional Court on the issue of Constitutionality of s 286 the Criminal Procedure Act 51 of 1977 and s 65(4)(b)(iv) of the Correctional Services Act 8 of 1959.

Appeal concerning constitutional validity of indeterminate sentence imposed on habitual criminals in terms of section 286 of the Criminal Procedure Act of 1977 read with section 65(4)(b)(iv) of the Correctional Services Act of 1959. Such treatment or punishment alleged to be cruel, inhuman and degrading. The Court declared section 65(4)(b)(iv) of the Correctional Services Act read with section 286 of the Criminal Procedure Act to be inconsistent with the Constitution. Madala J wrote for unanimous Court.