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

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