Bester v Minister of Correctional Services and Others (64018/09) [2012] ZAGPPHC 318 (28 November 2012)

Bester v Minister of Correctional Services and Others (64018/09) [2012] ZAGPPHC 318 (28 November 2012)

The court held that the applicant failed to demonstrate that the Parole Board's decision was so unreasonable that no reasonable person could have made it. The Board considered the application, the applicant was present, and his legal representative made submissions. The relevant reports were available and considered. The applicant's case was not based on the unreasonableness threshold required for review, but rather on alleged procedural shortcomings, which were not substantiated. The court found no evidence of bias or gross incompetence and determined that the circumstances did not warrant substitution of the Board's decision. Accordingly, the application for review and substitution was...

Citation
[2012] ZAGPPHC 318
Parties
Applicant: Gert Petrus Bester; Respondent: Minister of Correctional Services; Respondent: National Commissioner Department of Correctional Services; Respondent: Parole Board, Klerksdorp; Respondent: Case Management Committee, Klerksdorp Correctional Centre
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 November 2012
Case Number
64018/09
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed; no order as to costs.
Judges
Msimeki M.W
Legal Topics
Judicial Review of Administrative Action, Parole Decision, Reasonableness Standard, Prisoner Rights
Administrative Law Civil Procedure Judicial Review of Administrative Action Parole Decision Reasonableness Standard Prisoner Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Gert Petrus Bester

Applicant

Minister of Correctional Services

Respondent

National Commissioner Department of Correctional Services

Respondent

Parole Board, Klerksdorp

Respondent

Case Management Committee, Klerksdorp Correctional Centre

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the decision of the Parole Board not to recommend the applicant for parole was so unreasonable that no reasonable person could have made it.
  2. 2 Whether the applicant's rights to be considered for parole were infringed by the process followed by the respondents.
  3. 3 Whether the court should substitute its own decision for that of the Parole Board or refer the matter back.

Ratio Decidendi

The court held that the applicant failed to demonstrate that the Parole Board's decision was so unreasonable that no reasonable person could have made it. The Board considered the application, the applicant was present, and his legal representative made submissions. The relevant reports were available and considered. The applicant's case was not based on the unreasonableness threshold required for review, but rather on alleged procedural shortcomings, which were not substantiated. The court found no evidence of bias or gross incompetence and determined that the circumstances did not warrant substitution of the Board's decision. Accordingly, the application for review and substitution was...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • The application is dismissed.
  • There will be no order as to costs.