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SOUTH AFRICAN LAW COMMISSION

REPORT

PROJECT 82

SENTENCING

(A NEW SENTENCING FRAMEWORK )

ISBN:

Table of Contents

TO DR P MADUNA, MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT

I am honoured to submit to you in terms of section 7(1) of the South African Law Commission Act, 1973 (Act 19 of 1973), for your consideration the Commission’s report on the review of the law of sentencing.

Y MOKGORO
CHAIRPERSON: SA LAW COMMISSION

DECEMBER 2000

INTRODUCTION

The South African Law Commission was established by the South African Law Commission Act, 1973 (Act 19 of 1973).

The members of the Commission are -

The Honourable Madam Justice Y Mokgoro (Chairperson)
The Honourable Mr Justice CT Howie
The Honourable Madam Justice L Mailula
Adv J J Gauntlett SC
Ms Z Seedat
Mr P Mojapelo
Professor C Hoexter (ad hoc member)

The Secretary is Mr W Henegan. The Commission's offices are on the 12th floor, Sanlam Centre C/o Andries and Pretorius Street, Pretoria. Correspondence should be addressed to:

The Secretary
South African Law Commission
Private Bag X 668
PRETORIA
0001

Telephone: (012) 322-6440
Telefax: (012) 320-0936
E-mail: wvvuuren@salawcom.org.za
Internet site: http://www.law.wits.ac.za/salc/salc.html

The project leader responsible for this project is Professor D Van Zyl Smit. The members of the project committee are -

Ms L Camerer
Mr K Govender
Mr JD Kollapen
Professor RT Nhlapo (Commissioner)
Mr V Petersen
Mr PM Shabangu
Ms ME Ramagoshi

The Commission would like to express its appreciation to the Legislative Drafting Project of the GTZ (Deutsche Gesellschaft für Technische Zusammenarbeit) and its project manager, Mr R Pfaff, for technical and financial assistance. With the assistance of the GTZ two parallel empirical studies were conducted on attitudes to the Criminal Law Amendment Act and secondly on sentencing patterns both before and after the introduction of the Act. The research was commissioned to assist the Commission in acquiring data and other information on sentencing practices in South African courts and to provide the Commission with the information it requires to evaluate the impact of the Criminal Law Amendment Act 105 of 1997 on sentencing practices and related court processes. GTZ furthermore provided assistance by contracting the project leader, Professor D Van Zyl Smit to draft the discussion paper and report in this investigation and for Professor SS Terblanche to assist him with the final report.