Synopsis:
Application for leave to appeal against two sentences imposed in separate cases resulting in a cumulative sentence of 70 years’ imprisonment. The applicant complained that if he had been sentenced to life imprisonment on one set of charges, the result would have been that the sentence on the second would automatically have run cumulatively with the prior life sentence. A life sentence would, therefore have entitled him to consideration for parole much earlier. The Court found that there was no unfairness in the two sentencing processes themselves, and thus that there were no grounds to appeal. The Court noted that the applicant did not challenge the constitutionality of the parole policies.
Judgment of the Court: (Mogoeng CJ, Moseneke DCJ, Froneman J, Jafta J, Khampepe J, Mhlantla AJ, Nkabinde J, Skweyiya J, Van der Westhuizen J and Zondo J).
