- S V Mukuyu 2017 (2) SACR 27 (GJ)
Section 51(2)(a)(i) of the Criminal Law Amendment Act 105 of 1997 (“Act 105 of 1997”) provides as follows:
“51. Discretionary minimum sentences for certain serious offences
(2) Notwithstanding any other law but subject to subsections (3) and (6) [of section 51], a regional court or a High Court shall sentence a person who has been convicted of an offence referred to in -
(a) Part II of Schedule 2 [of this Act 105 of 1997], in the case of -
(i) a first offender, to imprisonment [incarceration] for a period not less than 15 years;
(3) to (9) …”
(Emphasis added and particulars in square brackets inserted.)
For as far as it is relevant to this discussion, Part II of Schedule 2 inter alia provides for -
“Any offence referred to in section 13(f) of the Drugs and Drug Trafficking Act 140 of 1992, if it is proved that -
- the value of the dependence-producing substance in question is more than R50 000”.
Section 35(3)(a) of our Constitution provides as follows:
- “(3) Every accused person has a right to a fair trial which includes the right -to be informed of the charge with sufficient detail to answer it.”
In plain language this means that “a proper charge-sheet is required”.
In the matter under discussion, Ms Mukuyu, a 36-year-old single mother (hereinafter referred to as the accused), was convicted before the regional court in Kempton Park, of contravening section 5(b), read together with section 13 of the Drugs and Drug Trafficking Act 140 of 1992 by dealing in illicit drugs.