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S v Shilubane
''S v Shilubane'',〔2008 (1) SACR 295 (T).〕 an important case in South African criminal law, was heard and decided in the Transvaal Provincial Division by Shongwe J and Bosielo J on June 20, 2005. The case is significant primarily for its treatment of questions of punishment, advocating the consideration of restorative justice as an alternative to direct imprisonment, urging that presiding officers be innovative and proactive in opting for such alternatives, and recommending that these alternatives be humane and balanced.
Retributive justice, the court found, had failed and was failing to stem the wave of crime in South Africa. It was counter-productive and self-defeating, therefore, to expose first-time offenders to the corrosive and brutalising effect of prison for trifling offences. Such sentences as community service were to be seriously considered where the perpetrator was not such a serious threat to society as for it to be necessary for its protection to imprison him.
== Facts ==
Shilubane, the accused, a 35-year-old first-time offender, stole and then cooked seven fowls to the value of R216.16. In a magistrates' court, he pleaded guilty and was duly convicted.〔Paras 2, 4.〕 Notwithstanding his expression of "genuine remorse," and the fact that he undertook "solemnly" never to reoffend,〔Para 2.〕 he was sentenced to nine months' direct imprisonment.
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