“This paper examines some of the arguments that have been raised for and against the
present sentencing regime, and highlights the need for comprehensive sentencing reform in South Africa. The paper also examines some key questions: Are mandatory minimum
sentences constitutional?Have they deterred or prevented crime? Do they afford better protection to victims? What is the relationship between minimum sentences and prison overcrowding? Finally, the paper
questions whether South Africa needs
a more comprehensive sentencing reform strategy.”