Appolis v Commissioner of the Correctional Services and Others (945/2008) [2008] ZAECHC 39 (12 May 2008)

Appolis v Commissioner of the Correctional Services and Others (945/2008) [2008] ZAECHC 39 (12 May 2008)

The court held that section 73(5)(a)(i) of the Correctional Services Act does not confer an automatic right to release on parole on the date determined by the parole board if the decision is taken on review. The parole board's decision is only final and capable of implementation if it is not referred for review. Once the decision is taken on review, it ceases to be a decision within the meaning of section 73(5)(a)(i) until confirmed or substituted by the review board. The applicant's continued detention pending the review board's decision was therefore lawful, and no order for immediate release could be granted.

Citation
[2008] ZAECHC 39
Parties
Applicant: Earl Godfrey Appolis; Respondent: Commissioner for Correctional Services; Respondent: Chairperson of the Correctional Supervision and Parole Board, St Alban's Medium B Correctional Centre; Respondent: Correctional Supervision and Parole Review Board; Respondent: Minister of Correctional Services
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
12 May 2008
Case Number
945/2008
Procedural Posture
Urgent Application / Application for Urgent Relief Pending Review of Parole Decision
Outcome
Application dismissed with costs.
Judges
RJW Jones
Legal Topics
Parole Review, Correctional Services Act, Unlawful Detention, Constitutional Right to Liberty
Administrative Law Criminal Law Parole Review Correctional Services Act Unlawful Detention Constitutional Right to Liberty

Case Brief

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Parties

Earl Godfrey Appolis

Applicant

Commissioner for Correctional Services

Respondent

Chairperson of the Correctional Supervision and Parole Board, St Alban's Medium B Correctional Centre

Respondent

Correctional Supervision and Parole Review Board

Respondent

Minister of Correctional Services

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief Pending Review of Parole Decision

Legal Issues

  1. 1 Whether the applicant was entitled to immediate release on parole pending the review board's decision.
  2. 2 Whether continued detention of the applicant after the parole board's decision was unlawful.
  3. 3 Whether section 73(5)(a)(i) of the Correctional Services Act confers an automatic right to release on the date determined by the parole board.

Ratio Decidendi

The court held that section 73(5)(a)(i) of the Correctional Services Act does not confer an automatic right to release on parole on the date determined by the parole board if the decision is taken on review. The parole board's decision is only final and capable of implementation if it is not referred for review. Once the decision is taken on review, it ceases to be a decision within the meaning of section 73(5)(a)(i) until confirmed or substituted by the review board. The applicant's continued detention pending the review board's decision was therefore lawful, and no order for immediate release could be granted.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.