Phaahla v Minister of Justice and Correctional Services Another (Tlhakanye Intervening)

Case Number:
CCT44/18
Citations:
[2019] ZACC 18
Citations:
2019 (2) SACR 88 (CC)
Citations:
2019 (7) BCLR 795 (CC)
Judge:
Dlodlo AJ Majority judgment
Judge:
Froneman J separate judgment
Judge:
Cameron J separate judgment
Hearing Date:
8 November 2018
Judgment Date:
3 May 2019
Case History:
Application for confirmation of a declaration of constitutional invalidity by the Pretoria High Court: Phaahla v Minister of Justice and Correctional Services and Another (97569/15) [2017] ZAGPPHC 617; 2018 (1) SACR 218 (GP) (3 October 2017). See also the leave to appeal judgment of the Pretoria High Court: Phaahla v Minister of Justice and Correctional Services and Another (97569/15) [2017] ZAGPPHC 1271 (24 October 2017).
Synopsis:
Section 136(1) of the Correctional Services Act 111 of 1998 declared invalid — parole eligibility is part of punishment — section 35(3)(n) of the Constitution — right to least severe punishment Section 9(1) of the Constitution — equality before the law — legitimate government purpose — purpose at odds with rule of law never legitimate
Judgment:
Full judgment

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