CMY3704
Assignment 1
Semester 2
2025
, 1. Introduction
The South African criminal justice system incorporates a variety of sentencing options to
promote justice, deter future offending, and facilitate the rehabilitation of offenders.
Among these, imprisonment remains the most prominent form of punishment, reflecting
its historical and legal centrality. However, sentencing is not a one-size-fits-all process; it
must be guided by several factors, including the seriousness of the offence, the
offender’s criminal history, and the broader socio-economic and institutional context. In
South Africa, these contextual factors include persistent challenges such as prison
overcrowding, limited rehabilitation programmes, and the high costs of incarceration.
This paper critically examines the different forms of imprisonment recognised under
South African law. It will do so through the lens of the case involving Thabo Mokoena,
alongside current public debates about the effectiveness and fairness of custodial
sentences. The discussion will explore the statutory and constitutional framework
regulating imprisonment, evaluate the appropriateness of the sentence imposed in
Mokoena’s case, and consider whether alternative sentencing mechanisms such as
correctional supervision might have been more suitable to achieve justice while
balancing societal and rehabilitative needs.
2. Definition of Key Concepts
2.1 Imprisonment
Imprisonment refers to the lawful deprivation of an individual’s liberty by detaining them
in a correctional facility following a criminal conviction. According to S v Dodo 2001 (3)
SA 382 (CC), imprisonment serves several purposes, including deterrence, retribution,
prevention of further harm, and rehabilitation. The length and conditions of
imprisonment vary according to the offence and the sentencing objectives identified by
the court.
2.2 Sentencing
Sentencing is the judicial process of determining the legal consequences for a person
found guilty of a criminal offence. Snyman (2014:12) defines sentencing as the phase in
criminal proceedings where the court imposes a punishment that is proportionate to the
Assignment 1
Semester 2
2025
, 1. Introduction
The South African criminal justice system incorporates a variety of sentencing options to
promote justice, deter future offending, and facilitate the rehabilitation of offenders.
Among these, imprisonment remains the most prominent form of punishment, reflecting
its historical and legal centrality. However, sentencing is not a one-size-fits-all process; it
must be guided by several factors, including the seriousness of the offence, the
offender’s criminal history, and the broader socio-economic and institutional context. In
South Africa, these contextual factors include persistent challenges such as prison
overcrowding, limited rehabilitation programmes, and the high costs of incarceration.
This paper critically examines the different forms of imprisonment recognised under
South African law. It will do so through the lens of the case involving Thabo Mokoena,
alongside current public debates about the effectiveness and fairness of custodial
sentences. The discussion will explore the statutory and constitutional framework
regulating imprisonment, evaluate the appropriateness of the sentence imposed in
Mokoena’s case, and consider whether alternative sentencing mechanisms such as
correctional supervision might have been more suitable to achieve justice while
balancing societal and rehabilitative needs.
2. Definition of Key Concepts
2.1 Imprisonment
Imprisonment refers to the lawful deprivation of an individual’s liberty by detaining them
in a correctional facility following a criminal conviction. According to S v Dodo 2001 (3)
SA 382 (CC), imprisonment serves several purposes, including deterrence, retribution,
prevention of further harm, and rehabilitation. The length and conditions of
imprisonment vary according to the offence and the sentencing objectives identified by
the court.
2.2 Sentencing
Sentencing is the judicial process of determining the legal consequences for a person
found guilty of a criminal offence. Snyman (2014:12) defines sentencing as the phase in
criminal proceedings where the court imposes a punishment that is proportionate to the
