Michael Mafoho v The State

The appellant pleaded guilty in the regional magistrates’ court to 60 counts including robbery with aggravating circumstances, attempted murder, kidnapping, rape, attempted rape and pointing a firearm. He acted as the leader of a gang that, between May 1998 and May 2000, posed as law enforcement officers along the N1 highway, stopping vehicles, robbing victims, shooting one victim, and raping female victims. The trial court found no substantial and compelling circumstances under the Criminal Law Amendment Act 105 of 1997 and imposed multiple sentences, some to run concurrently, resulting in an effective determinate sentence of 275 years’ imprisonment. The North Gauteng High Court upheld the sentence. The appellant appealed to the Supreme Court of Appeal against sentence only, contending that the sentence was cruel and that it should be substituted with life imprisonment to improve parole eligibility.

The appeal against sentence was dismissed.

The case is significant for clarifying the parole eligibility of offenders serving extremely long determinate sentences imposed before the commencement of the Correctional Services Act 111 of 1998. It confirms that the Parole and Correctional Supervision Amendment Act 87 of 1997 limits parole consideration to a maximum of 25 years for determinate sentences, ensuring parity and avoiding unconstitutional retrospective deprivation of rights. The judgment also reaffirms the principle that appellate courts cannot substitute sentences that were not competent for trial courts at the time of conviction.