Retribution as an objective of punishment in view of relevant South African court cases
In South African law, retribution is considered one of the objectives of punishment. Retribution is the idea that punishment is justified as a form of revenge or retribution for the harm caused by the crime. This principle is based on the idea that the offender deserves to be punished for their actions.
There have been several court cases in South Africa that have addressed the issue of retribution as a punishment objective. One such case is S v Mdluli [1997] ZACC 16, where the Constitutional Court held that retribution must be tempered with mercy and proportionality in order to comply with the constitutional prohibition on cruel, inhuman or degrading punishment.
In another case, S v Zuma [2011] ZAGPPHC 7, the court emphasized the importance of balancing retribution with rehabilitation and deterrence in sentencing. The court stated that while retribution is a legitimate objective of punishment, it should not be the sole focus and should be balanced with other considerations.
Overall, South African courts recognize retribution as a valid objective of punishment, but emphasize that it must be applied in a measured and proportional manner, taking into account the individual circumstances of the offender and the crime committed.