Judgment No CCZ 8/16 20 Const. Application No CCZ 48/15 entirely discretionary. Equally significantly, unlike the powers of release conferred upon the Minister under s 115 of the Act, it constitutes a prerogative power that is not ordinarily justiciable: Nkomo & Another v Attorney-General & Others 1994 (3) SA 34 (ZS) at 37; Woods v Commissioner of Prisons & Another 2003 (2) ZLR 421 (S) at 435CE. In short, it does not afford adequate redress for the purpose of enforcing the Declaration of Rights. The critical aspect of the reducibility or otherwise of a life sentence was considered by the Grand Chamber of the European Court of Human Rights in Kafkaris v Cyprus (2008) ECHR (21906/04), at paras. 98-99, as follows: “In determining whether a life sentence in a given case can be regarded as irreducible, the Court has sought to ascertain whether a life prisoner can be said to have any prospect of release. An analysis of the Court’s case-law on the subject discloses that where national law affords the possibility of review of a life sentence with a view to its commutation, remission, termination or the conditional release of the prisoner, this will be sufficient to satisfy Article 3. The Court has held, for instance, in a number of cases that where detention was subject to review for the purposes of parole after the expiry of the minimum term for serving the life sentence, that it could not be said that the life prisoners in question had been deprived of any hope of release. …….. The Court has found that this is the case even in the absence of a minimum term of unconditional imprisonment and even when the possibility of parole for prisoners serving a life sentence is limited. …….. It follows that a life entence does not become ‘irreducible’ by the mere fact that in practice it may be served in full. It is enough for the purposes of Article 3 that a life sentence is de jure and de facto reducible. Consequently, although the Convention does not confer, in general, a right to release on licence or a right to have a sentence reconsidered by a national authority, judicial or administrative, with a view to its remission or termination …….., it is clear from the relevant case-law that the existence of a system providing for consideration of the possibility of release is a factor to be taken into account when assessing the compatibility of a particular life sentence with Article 3. In this context, however, it should be observed that a State’s choice of a specific criminal justice system, including sentence review and release arrangements, is in principle outside the scope of the supervision the Court carries