11
exceeding 15 years, where the court is the court of a regional division;18
(b)
by fine, may impose a fine not exceeding the amount determined by the
Minister from time to time by notice in the Gazette for the respective courts referred
to in paragraph (a);
(c)
…
(d)
by correctional supervision, may impose correctional supervision for a period
as contemplated in section 276A (1) (b) of the Criminal Procedure Act, 1977 (Act No.
51 of 1977).’
[12] The general powers of both the high courts and the magistrates’
courts in relation to sentence were affected, in respect of certain common
law crimes, by the provisions of the minimum sentencing legislation,
which introduced requirements for the imposition of minimum sentences
in relation to the offences described in Schedule 2 to that Act, most of
which were common law offences. Courts were empowered to impose
sentences less than the prescribed minimum sentences where there were
substantial and compelling circumstances justifying the imposition of a
lesser sentence and in some other limited circumstances. 19 In its initial
form the legislation did not alter the jurisdiction of regional magistrates’
courts. Instead they were enjoined, in cases where they were satisfied that
a sentence greater than any falling within that court’s jurisdiction should
be imposed for a scheduled offence, to refer the case to the high court for
the purpose of sentencing.20 That has since been altered to extend the
sentencing powers of the regional court in relation to the scheduled
offences, whilst conferring an automatic right of appeal on a person
convicted and sentenced on this basis.
18 This section originally provided for sentences of six months and three years imprisonment
respectively. That was changed in 1977 (Act 61 of 1977) to 12 months and ten years and in 1988 (Act
66 of 1998) to its present limits.
19 This was dealt with by this court in S v Malgas supra and that judgment was endorsed by the
Constitutional Court in S v Dodo supra.
20 Section 52 of Act 105 of 1997.
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