Jimmale and Another v S

The applicants were convicted in the High Court, Limpopo Local Division, of murder arising from a violent attack on a shopkeeper, committed together with accomplices armed with pangas and a knife. They were sentenced in June 2012 to 25 years’ imprisonment each. In addition, the trial court imposed a non-parole order in terms of section 276B of the Criminal Procedure Act 51 of 1977, directing that they would only be eligible for parole after serving 20 years of their sentences. The applicants unsuccessfully appealed against their conviction and sentence, but sought leave to appeal to the Constitutional Court against the non-parole order, arguing that it was imposed without exceptional circumstances and without affording them an opportunity to make submissions.

Leave to appeal was granted. The appeal against the non-parole order was upheld, and the non-parole order imposed by the High Court under case number CC05/2012 was set aside.

This case confirms and constitutionalises the Supreme Court of Appeal’s jurisprudence on non-parole orders, emphasising that such orders are exceptional, require a proper evidential foundation, and demand procedural fairness. It reinforces the separation of powers by cautioning courts against undue intrusion into parole decisions and protects sentenced prisoners’ constitutional rights to freedom and fair trial in the sentencing context.