Recent Case: Constitutional application

• Jurisdiction: South Africa
• Date: 24 May 2019
• Pages: 143-157
• Published date: 24 May 2019
• Author: Anashri Pillay

Recent Cases • Vonnisse

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143

Constitutional Application

ANASHRI PILLAY

University of Cape Town

Interpretation

Interpretation—cruel, inhuman or degrading treatment or punish-

ment

In

S v Niemand

(case CCT 28/00, delivered on 8 October 2001), the

Constitutional Court considered the constitutional validity of s 286 of the

Criminal Procedure Act 1977 read with s 65(4)(b)(iv) of the Correctional

Services Act 1959. These sections effectively provided for the preventive

detention of a person declared to be a habitual criminal for a minimum

period of seven years before he or she could be considered for parole (at [3D.

The appellant did not challenge the correctness of the finding that he was a

habitual criminal but argued that the sections violated certain constitutional

rights (at [4] and [6]). The only right discussed by the court was the right not

be treated or punished in a cruel, inhuman or degrading way in s 12(1)(e) of

the Constitution. Certain pre-requisites exist for a declaration that a person is

(2002) 15 SACJ 143

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