Synopsis:
Challenge to section 51(1), read with section 51(3)(a) of the Criminal Law Amendment Act, 105 of 1997 which obliges High Courts to sentence people convicted of certain serious offences to life imprisonment, unless "substantial and compelling circumstances" justify the imposition of a lesser sentence. Held, per Ackermann J in a unanimous decision that there was no infringement of the separation of powers or of the rights contained in sections 12(1)(e) and 35(3)(c) of the Constitution. Order of invalidity by E Cape High Court not confirmed.
