4
[4]
Central to the appeal is the construction to be placed on s51 of the
Criminal Law Amendment Act 105 of 1997 ('the Act'), which provides:
'51
Minimum sentences for certain serious offences
(1) Notwithstanding any other law but subject to subsections (3) and (6), a High
Court shall –
(a) if it has convicted a person of an offence referred to in Part I of Schedule 2; or
(b) If the matter has been referred to it under s 52(1) for sentence after the
person concerned has been convicted of an offence referred to in Part I of
Schedule 2,
sentence the person to imprisonment for life.
(2) Notwithstanding any other law but subject of subsections (3) and (6), a regional
court or a High Court, including a High Court to which a matter has been referred
under section 52(1) for sentence, shall in respect of a person who has been
convicted of an offence referred to in –
(a) Part II of Schedule 2, sentence the person, in the case of –
(i) a first offender, to imprisonment for a period not less than 15 years;
(ii) a second offender of any such offence, to imprisonment for a period not
less than 20 years; and
(iii) a third or subsequent offender of any such offence, to imprisonment for a
period not less than 25 years;
(b) Part III of Schedule 2, sentence the person, in the case of –
(i) a first offender, to imprisonment for a period not less than ten years;
(ii) a second offender of any such offence, to imprisonment for a period not
less than 15 years; and
(iii) a third or subsequent offender of any such offence, to imprisonment for a
period not less than 20 years; and