1887

oa Article 40 - The Mpofu case - sentencing of child offenders in serious cases

Volume 15, Issue 1
  • ISSN : 1562-4382

 

Abstract

Sentencing of child offenders in serious cases came under consideration by the Constitutional Court in the recent appeal of Mandla Trust Mpofu v the Minister of Justice and Constitutional Development and Others (Centre for Child Law as amicus curiae) CCT 124/11 [2013] ZACC 15. Mpofu had been sentenced to a term of life imprisonment, coupled with 28 years imprisonment (to run concurrently). His crime was a serious one - he had killed a man in the course of a house robbery. He also had a prior conviction for robbery. The sentence was handed down in 2001, and his appeal rested on his claim that he had been below the age of 18 years at the time of the commission of the offence, an issue to which the court had paid little attention. His appeal rested on a violation of his rights under section 28 of the Constitution. The Centre for Child Law entered as amicus curiae in the Mpofu case, in order to reiterate the different approach to sentencing of child offenders required by the Constitution and international law.

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/content/art40/15/1/EJC160527
2013-05-01
2020-08-07

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