Veldman v Director of Public Prosecutions (Witwatersrand Local Division)

The applicant, Donald Veldman, was convicted in a regional magistrate’s court of murder and other offences and sentenced to 15 years’ imprisonment for murder. At the time the offence was committed and when the applicant pleaded not guilty, the regional court’s maximum penal jurisdiction for murder under section 92(1)(a) of the Magistrates’ Courts Act 32 of 1944 was 10 years. After the plea but before sentencing, legislation was enacted increasing the regional court’s sentencing jurisdiction for murder to 15 years. The applicant appealed unsuccessfully to the High Court and sought leave to appeal to the Supreme Court of Appeal, which was refused without reasons. He then approached the Constitutional Court, arguing that the retrospective application of the increased sentencing jurisdiction infringed his right to a fair trial.

The appeal was upheld. The sentence of 15 years’ imprisonment for murder was set aside and replaced with a sentence of 10 years’ imprisonment, being the maximum sentence applicable at the time the offence was committed and the plea was entered.

The case clarifies the constitutional limits on the retrospective application of legislation increasing sentencing jurisdiction. It distinguishes between prescribed punishments and penal jurisdiction under section 35(3)(n), while affirming that the broader fair trial right can still invalidate retrospective application of ostensibly procedural sentencing provisions where substantive fairness is undermined. The judgment provides authoritative guidance on sentencing changes enacted mid-trial.