CMY3704 FORMALREACTIONTOCRIME
ASSESSMENT 1 SEMESTER 2 2025
, Sentencing in the Spotlight: A Human-Centred Critique of Imprisonment in the Case of
Thabo Mokoena
The South African criminal justice system stands at a crossroads. Amid rising public
concerns about prison overcrowding, socioeconomic inequality, and repeat offending,
the question of how justice should be served has become more urgent than ever. The
sentencing of Thabo Mokoena, a 34-year-old man convicted of multiple violent offences
including armed robbery provides a compelling case for exploring the suitability,
fairness, and broader societal impact of different forms of imprisonment in South Africa.
Drawing from the CMY3704 study guide and additional scholarly literature, this essay
critically evaluates the forms of imprisonment available to South African courts, applies
them to Mokoena’s case, and reflects on whether justice was truly served.
Understanding the Legal Framework of Imprisonment in South Africa
South African courts are empowered by legislation such as the Criminal Procedure Act
51 of 1977, the Correctional Services Act 111 of 1998, and the Criminal Law
Amendment Act 105 of 1997 (commonly known as the Minimum Sentencing Act).
These laws provide for a range of sentencing options including ordinary imprisonment,
life imprisonment, suspended sentences, periodic imprisonment, correctional
supervision, and indeterminate sentences.
Ordinary imprisonment is the most direct and frequently applied sanction, involving the
physical confinement of an offender in a correctional facility. This is the sentence Thabo
Mokoena received 18 years’ direct imprisonment for his involvement in three armed
robberies, possession of an unlicensed firearm, and assault with intent to do grievous
bodily harm. The court justified the sentence on the basis of the violent nature of the
offences and Mokoena’s prior criminal record. However, alternative sentencing options
such as correctional supervision or partial suspension were not applied, despite
evidence of personal hardship and a willingness to reform (CMY3704, 2023).
ASSESSMENT 1 SEMESTER 2 2025
, Sentencing in the Spotlight: A Human-Centred Critique of Imprisonment in the Case of
Thabo Mokoena
The South African criminal justice system stands at a crossroads. Amid rising public
concerns about prison overcrowding, socioeconomic inequality, and repeat offending,
the question of how justice should be served has become more urgent than ever. The
sentencing of Thabo Mokoena, a 34-year-old man convicted of multiple violent offences
including armed robbery provides a compelling case for exploring the suitability,
fairness, and broader societal impact of different forms of imprisonment in South Africa.
Drawing from the CMY3704 study guide and additional scholarly literature, this essay
critically evaluates the forms of imprisonment available to South African courts, applies
them to Mokoena’s case, and reflects on whether justice was truly served.
Understanding the Legal Framework of Imprisonment in South Africa
South African courts are empowered by legislation such as the Criminal Procedure Act
51 of 1977, the Correctional Services Act 111 of 1998, and the Criminal Law
Amendment Act 105 of 1997 (commonly known as the Minimum Sentencing Act).
These laws provide for a range of sentencing options including ordinary imprisonment,
life imprisonment, suspended sentences, periodic imprisonment, correctional
supervision, and indeterminate sentences.
Ordinary imprisonment is the most direct and frequently applied sanction, involving the
physical confinement of an offender in a correctional facility. This is the sentence Thabo
Mokoena received 18 years’ direct imprisonment for his involvement in three armed
robberies, possession of an unlicensed firearm, and assault with intent to do grievous
bodily harm. The court justified the sentence on the basis of the violent nature of the
offences and Mokoena’s prior criminal record. However, alternative sentencing options
such as correctional supervision or partial suspension were not applied, despite
evidence of personal hardship and a willingness to reform (CMY3704, 2023).
