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Case Study: Sentencing in the Spotlight: The Case of Thabo Mokoena
1. Introduction
The case of Thabo Mokoena, a 34-year-old from Soweto, brings into sharp focus the complexities
and contentious issues surrounding sentencing practices within the South African criminal justice
system. In February 2024, Mokoena was convicted in the Johannesburg Regional Court on serious
charges, including three counts of armed robbery, one count of possession of an unlicensed firearm,
and one count of assault with intent to do grievous bodily harm. These charges arose from a
six-month crime spree targeting small spaza shops in 2023, during which Mokoena brandished a
firearm and physically assaulted a shop owner. His previous criminal record, including a 2017
conviction for housebreaking and theft and a subsequent 18-month prison sentence for possession of
stolen property in 2019, added weight to the charges (Luyt, 2014). Despite his remorse, expressed
willingness to participate in rehabilitation, and difficult socio-economic background, the presiding
judge sentenced him to 18 years’ imprisonment, with sentences running consecutively and no
suspension or periodic imprisonment granted. The judge justified this stringent sentence by
emphasizing the seriousness of the offences, the use of a firearm, and Mokoena’s prior criminal
history (Marshall, 2025).
This judicial decision unfolds against a backdrop of intense public debate and growing concern over
prison overcrowding in South Africa. The Department of Correctional Services (DCS) reported in
2023 that South African prisons are operating at 132% of their capacity, with some facilities being
critically overcrowded by as much as 247%. This issue, compounded by a historically high
incarceration rate and the slow administration of justice leading to a large awaiting trial population,
places significant strain on the correctional system (CMY3704, 2021). The problem of overcrowding
is not new; in 2020, over 19,000 inmates were released on special parole to curb the spread of
COVID-19 in these facilities, sparking a national discussion on the effectiveness and necessity of
mass imprisonment. Concerns about the system's ability to genuinely rehabilitate offenders are
prevalent, with South Africa noted for having one of the highest recidivism rates globally, estimated
to range from 80% to 97% (Luyt, 2014). Therefore, Mokoena's sentence, while aimed at punishment
and deterrence, inevitably contributes to this broader conversation about whether the current
sentencing framework adequately considers rehabilitation, socio-economic factors, and alternative
forms of punishment amidst the severe challenges facing the country's correctional facilities
(Marshall, 2025).
Case Study: Sentencing in the Spotlight: The Case of Thabo Mokoena
1. Introduction
The case of Thabo Mokoena, a 34-year-old from Soweto, brings into sharp focus the complexities
and contentious issues surrounding sentencing practices within the South African criminal justice
system. In February 2024, Mokoena was convicted in the Johannesburg Regional Court on serious
charges, including three counts of armed robbery, one count of possession of an unlicensed firearm,
and one count of assault with intent to do grievous bodily harm. These charges arose from a
six-month crime spree targeting small spaza shops in 2023, during which Mokoena brandished a
firearm and physically assaulted a shop owner. His previous criminal record, including a 2017
conviction for housebreaking and theft and a subsequent 18-month prison sentence for possession of
stolen property in 2019, added weight to the charges (Luyt, 2014). Despite his remorse, expressed
willingness to participate in rehabilitation, and difficult socio-economic background, the presiding
judge sentenced him to 18 years’ imprisonment, with sentences running consecutively and no
suspension or periodic imprisonment granted. The judge justified this stringent sentence by
emphasizing the seriousness of the offences, the use of a firearm, and Mokoena’s prior criminal
history (Marshall, 2025).
This judicial decision unfolds against a backdrop of intense public debate and growing concern over
prison overcrowding in South Africa. The Department of Correctional Services (DCS) reported in
2023 that South African prisons are operating at 132% of their capacity, with some facilities being
critically overcrowded by as much as 247%. This issue, compounded by a historically high
incarceration rate and the slow administration of justice leading to a large awaiting trial population,
places significant strain on the correctional system (CMY3704, 2021). The problem of overcrowding
is not new; in 2020, over 19,000 inmates were released on special parole to curb the spread of
COVID-19 in these facilities, sparking a national discussion on the effectiveness and necessity of
mass imprisonment. Concerns about the system's ability to genuinely rehabilitate offenders are
prevalent, with South Africa noted for having one of the highest recidivism rates globally, estimated
to range from 80% to 97% (Luyt, 2014). Therefore, Mokoena's sentence, while aimed at punishment
and deterrence, inevitably contributes to this broader conversation about whether the current
sentencing framework adequately considers rehabilitation, socio-economic factors, and alternative
forms of punishment amidst the severe challenges facing the country's correctional facilities
(Marshall, 2025).
