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dc.date.accessioned 2017-04-08T17:10:58Z
dc.date.available 2017-04-08T17:10:58Z
dc.date.created 2008-12-02 en
dc.identifier.citation [2009] ZACC 18
dc.identifier.citation 2009 (2) SACR 477 (CC)
dc.identifier.citation 2009 (6) SA 632 (CC)
dc.identifier.citation 2009 (11) BCLR 1105 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3570
dc.title Centre for Child Law v Minister of Justice and Constitutional Development and Others (National Institute for Crime Prevention and the Re-Integration of Offenders as Amicus Curiae) en
dc.title.alternative CCT98/08 en
dc.identifier.casenumber CCT98/08 en
dc.date.hearing 5 March 2009
dc.contributor.judge Cameron J Majority judgment
dc.contributor.judge Yacoob J dissenting judgment
dc.date.judgment 15 July 2009
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3570/Full%20judgment%20Official%20version%20%28249%20Kb%29-13669.pdf?sequence=15&isAllowed=y
dc.concourt.synopsis Amendment Act 105 of 1997 (CLAA), as amended by Criminal Law (Sentencing) Amendment Act 38 of 2007 (the Amendment Act) (the Amendment Act) invalid. This statute made minimum sentences for certain serious crimes applicable to 16 and 17 year old children. The majority found that, limiting the children's rights provisions in the Bill of Rights (section 28), the minimum sentencing regime constrains the discretion of sentencing officers by orientating the sentencing officer away from options other than incarceration, by de-individuating sentencing, and by conducing to longer and heavier sentences. Since no adequate justification was provided for the limitation, the Court confirmed the order of invalidity in its essential respects. The minority held that that the Amendment Act is not inconsistent with the Constitution, because the sentencing regime must be interpreted on the basis that all children are the beneficiaries of the rights conferred by section 28(1)(g) of the Constitution, to which all courts must give effect during the sentencing process. Majority: Cameron J (Langa CJ, Moseneke DCJ, Mokgoro J, O'Regan J, Sachs J and Van der Westhuizen J concurring). Minority: Yacoob J (Ngcobo J, Nkabinde J and Skweyiya J concurring)
dc.concourt.casehistory Application for confirmation of declarations of statutory invalidity made by the North Gauteng High Court, Pretoria: Centre for Child Law v Minister for Justice and Constitutional Development and Others, Case No 11214/08, 4 November 2008, as yet unreported


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