PART XVIII
PUNISHMENTS

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 the High Court may impose any sentence other than the death sentence when the court is of the opinion that there are extenuating cir¬cumstances or when the offender is a woman convicted the murder of her newly-born child;
(b) may pass sentence of death upon an offender convicted of treason.

338 Parsons 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 per¬son 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

(I) 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 of¬fence 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 (I), the judge shall direct one or more medical practitioners who are registered in terms of the Medical, Dental and Allied Professions Act [hapter 27:08] to examine the woman privately, either together or successively, and to ascertain whether she is pregnant or not.

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 otherwise 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 accor¬dance 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 Attorney-General, by notice in writing under his own hand to the Sheriff or the deputy sheriff, intimates that the President has decided to grant a pardon or reprieve to the person so sentenced or otherwise to exercise to prerogative of mercy with regard to him.
(3) Any notice by the Attorney-General under the pro¬viso to subsection (2) shall be construed for all purposes as a cancellation of the judge's warrant.