Mandatory minimum sentencing is bad for perpetrators and victims

The High Court declared that MMS are unconstitutional in 2022. [iStockphoto]

Over the past two years, there has been a debate within the court system on whether mandatory minimum sentences (MMS) as prescribed in the Sexual Offences Act are constitutional.

The High Court in 2022, basing its ruling on the famous Muruatetu case, declared that MMS are in fact unconstitutional. The Muruatetu case addressed itself to the question of life sentences for murder, and the precedent it set in declaring these to be unconstitutional has produced a trickle-down effect that is much needed.