The applicant, Mr Gaolatlhe Senwedi, was convicted in the High Court (Northern Cape Division, Kimberley) in May 2002 for murder committed during an armed robbery in April 2001, as well as related offences. He was sentenced to life imprisonment for murder, with other sentences running concurrently. The High Court further ordered that he and a co-accused not be considered for parole until they had each served at least 25 years of their life sentences. At the time of sentencing, section 276B of the Criminal Procedure Act, which authorises courts to fix non-parole periods, was not yet in force. After unsuccessful appeals and petitions, the applicant approached the Constitutional Court, challenging the validity of the imposed 25-year non-parole period and alleging constitutional infringements.
Leave to appeal was granted and the 25-year non-parole period imposed by the High Court was set aside. The Registrar was directed to bring the judgment to the attention of the applicant’s co-accused, who was similarly affected.
The case reaffirms the principle of legality and the non-retrospectivity of sentencing provisions that increase punishment, particularly in relation to parole eligibility. It confirms that courts had no power to impose fixed non-parole periods before section 276B came into operation on 1 October 2004 and underscores both the substantive and procedural constitutional protections against arbitrary deprivation of liberty.