CRIMINAL PROCEDURE AND EVIDENCE ACT
(b1) imprisonment for a determinate period;
[Paragraph inserted by s. 11 of Act No. 8 of 1997.]
(c) extended imprisonment in terms of section three hundred and forty-six;
(d) a fine;
(d1) community service;
[Paragraph inserted by s. 11 of Act No. 8 of 1997.]
(e) where the convicted person is a male person under the age of eighteen years, corporal
punishment;
(f) putting the convicted person under recognizance with conditions.
(2) Nothing in subsection (1) shall be construed as—
(a) authorizing a court to impose for any offence a punishment other than, or in excess of,
the punishment which by law it is competent for that court to impose for that offence;
or
(b) preventing a court from imposing a punishment other than a punishment referred to in
subsection (1), where the court is specially authorized by any enactment to impose such
other punishment.
A. Sentence of death
337 Sentence for murder
(1) Subject to section 338, the High Court may pass sentence of death upon an offender convicted by it of murder if it finds that the murder was committed in aggravating circumstances.
(2) In cases where a person is convicted of murder without the presence of aggravating circumstances, or the person is one referred to in section 338(a), (b) or (c), the court may impose
a sentence of imprisonment for life, or any sentence other than the death sentence or imprisonment for life provided for by law if the court considers such a sentence appropriate in all the
circumstances of the case.
[Section inserted by s. 43 of Act No. 2 of 2016]
338 Persons upon whom death sentence may not be passed
The High Court shall not pass sentence of death upon an offender who—
(a) was less than twenty-one years old when the offence was committed; or
(b) is more than seventy years old; or
(c) is a woman.
[Section inserted by s. 43 of Act No. 2 of 2016]
339 Sentence of death
(1) The form of sentence to be pronounced upon a person who is convicted of an offence
punishable with death and sentenced to death shall be that he be returned to custody and that
the sentence of death shall be executed according to law.
(2) Where the sentence of death is carried out the person sentenced shall be hanged by the
neck until he is dead.
340 Copy of evidence to be transmitted to President
(1) If any sentence of death is pronounced by the High Court, a copy of the evidence shall be
transmitted to the President and the sentence shall not be carried out until confirmed by him.
(2) The President may signify his confirmation in terms of subsection (1) by telegraph.
341 Examination of woman convicted of certain offences
(1) Where upon the conviction of a woman of any offence referred to in paragraph (a) or (b)
of section three hundred and thirty-seven a judge is of the opinion that the death sentence is the
appropriate penalty and has reason to suspect that the woman is pregnant, he shall not pass
sentence upon her until he has determined from evidence led before him whether the woman is
pregnant or not.
(2) For the purpose of making the determination referred to in subsection (1), the judge shall
direct one or more medical practitioners who are registered in terms of the Health Professions
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