Zono v The State

The appellant was convicted in June 1996 in the High Court, Klerksdorp, of murder, attempted murder, robbery with aggravating circumstances, and unlawful possession of a firearm and ammunition arising from an incident on 24 July 1995. He was sentenced to an effective 60 years’ imprisonment, with a recommendation that he not be considered for parole before serving 40 years. On appeal, the full court of the North Gauteng High Court reduced the sentence to an effective 45 years’ imprisonment but fixed a non-parole period of 25 years. The appellant was granted special leave to appeal to the Supreme Court of Appeal only against the imposition of the non-parole period.

The appeal was upheld and the order of the full court fixing a non-parole period of 25 years was set aside.

The case reaffirms the principle that non-parole periods constitute an increase in punishment and cannot be imposed retrospectively. It confirms that courts lack authority to fix non-parole periods for offences committed before the commencement of s 276B of the Criminal Procedure Act, reinforcing separation of powers and legality in sentencing.