Thakeli v The State

The appellants were charged in the regional court with murder, the charge sheet expressly referring to s 51(2) of the Criminal Law Amendment Act 105 of 1997, which prescribes a minimum sentence of 15 years’ imprisonment for first offenders. After the appellants had pleaded and testified, and after all evidence had been led, the trial court amended the charge sheet in terms of s 86 of the Criminal Procedure Act by deleting the reference to s 51(2), without giving the appellants an opportunity to address the issue of prejudice. The appellants were then convicted of murder under s 51(1) (planned or premeditated murder), exposing them to life imprisonment, and were sentenced to 28 years’ imprisonment. Their appeals against conviction and sentence failed in the High Court, but they appealed to the Supreme Court of Appeal against sentence only.

The appeal against sentence was upheld. The sentences imposed by the trial court were set aside and substituted with sentences of 15 years’ imprisonment for each appellant in terms of s 51(2) of the Criminal Law Amendment Act 105 of 1997.

The case reinforces the principle that accused persons must be clearly informed at the outset of the applicable minimum sentencing regime. It confirms that late amendments to a charge sheet which expose an accused to harsher punishment, without an opportunity to address prejudice, constitute a fundamental irregularity and violate the right to a fair trial.