(d) a fine;
(d1) community service;
[Paragraph inserted by section 11 of Act 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 of death for murder
Subject to section three hundred and thirty-eight, the High Court—
(a) shall pass sentence of death upon an offender convicted by it of murder:
Provided that, if the High Court is of the opinion that there are extenuating circumstances or if the
offender is a woman convicted of the murder of her newly-born child, the court may impose
(a) a sentence of imprisonment for life; or
(b) any sentence other than the death sentence or imprisonment for life, if the court considers such a
sentence appropriate in all the circumstances of the case.
[Proviso amended by section 12 of Act 8 of 1997.]
(b) may pass sentence of death upon an offender convicted of treason.
338 Persons upon whom death sentence may not be passed
The High Court shall not pass sentence of death upon an offender who—
(a) is a pregnant woman; or
(b) is over the age of seventy years; or
(c) at the time of the offence, was under the age of eighteen years.
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 d irect one or
more medical practitioners who are registered in terms of the Health Professions Act [Chapter 27:19] to examine
the woman privately, either together or successively, and to ascertain whether she is pregnant or not.
[Subsection amended by section 151 of Act 6 of 2000.]
342 Manner of carrying out death sentence
(1) As soon as practicable after a sentence of death is passed the judge who passed the sentence or any other
judge of the court shall issue his warrant to the Sheriff or his deputy for the execution of the sentence, but such
warrant shall not be executed until the Attorney-General has, in writing signed by him, given notice to the Sheriff
or the deputy that the President has decided not to grant a pardon to or reprieve the person so sentenced or othe rwise exercise the prerogative of mercy in respect of him.
(2) As soon after the receipt of the notice referred to in subsection (1) by the Sheriff or his deputy as fitting
arrangements for the carrying out of the sentence can be made in or in the precincts of a prison appointed in
accordance with law for the carrying out of sentences of capital punishment, the Sheriff or his deputy shall execute the judge’s warrant issued to him in terms of subsection (1) in the appointed prison or its precincts:
Provided that the Sheriff or his deputy shall not execute the judge’s warrant if at any time the AttorneyGeneral, by notice in writing under his own hand to the Sheriff or the deputy sheriff, intimates that the President
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