Gwebu v Minister of Correctional Services and Others (15058/13) [2013] ZAGPPHC 205; 2014 (1) SACR 191 (GNP) (26 June 2013)
The court found that the Parole Board unlawfully delayed the applicant's parole process by relying on a fabricated 'restorative justice' requirement, which had no legal basis and undermined the applicant's statutory rights. The respondents failed to comply with multiple prior court orders directing them to finalize...
Source-derived case information.
- Citation
- [2013] ZAGPPHC 205
- Parties
- Applicant: Kaizer Solomon Gwebu; Respondent: Minister of Correctional Services; Respondent: National Commissioner, Department of Correctional Services; Respondent: Provincial Commissioner of Correctional Services, Limpopo Mpumalanga North West (LMN); Respondent: Chairman of the Case Management Committee, Barberton Medium Prison; Respondent: Chairperson of the Parole Board, Barberton Medium Prison; Respondent: Head of Prison, Barberton Medium Prison
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 15058/13
- Procedural Posture
- Review Application / Final Judgment After Repeated Non Compliance With Prior Court Orders
- Outcome
- Application granted; Parole Board ordered to place applicant on parole within 30 days; punitive costs awarded against respondents.
- Judges
- Ebersohn AJ
- Legal Topics
- Parole Review, Failure to Comply With Court Order, Restorative Justice, Judicial Supervision of Administrative Action
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaizer Solomon Gwebu
Applicant
Minister of Correctional Services
Respondent
National Commissioner, Department of Correctional Services
Respondent
Provincial Commissioner of Correctional Services, Limpopo Mpumalanga North West (LMN)
Respondent
Chairman of the Case Management Committee, Barberton Medium Prison
Respondent
Chairperson of the Parole Board, Barberton Medium Prison
Respondent
Head of Prison, Barberton Medium Prison
Respondent
Procedural Posture
Review Application / Final Judgment After Repeated Non Compliance With Prior Court Orders
Legal Issues
- 1 Whether the Parole Board unlawfully delayed the applicant's parole process.
- 2 Whether the Parole Board's reliance on 'restorative justice' was legally valid.
- 3 Whether the respondents failed to comply with previous court orders regarding the applicant's parole.
Ratio Decidendi
The court found that the Parole Board unlawfully delayed the applicant's parole process by relying on a fabricated 'restorative justice' requirement, which had no legal basis and undermined the applicant's statutory rights. The respondents failed to comply with multiple prior court orders directing them to finalize the parole process. The court held that such conduct constituted a disregard for the rule of law and judicial authority. Accordingly, the court ordered the Parole Board to place the applicant on parole within 30 calendar days, subject to the terms and conditions approved by the Correctional Supervision Parole and Release Board, and imposed punitive costs against the respondents.
Court Disposition
Application granted; Parole Board ordered to place applicant on parole within 30 days; punitive costs awarded against respondents.
Orders
- The Parole Board is ordered to place the applicant on parole within 30 calendar days from 25 June 2013, subject to the terms and conditions approved by the Correctional Supervision Parole and Release Board.
- Respondents are ordered to pay punitive costs.
Full Case Text
Judgment text and source record
43 paragraphs
NOT REPORTABLE
IN THE NORTH GAUTENG HIGH COURT,
PRETORIA (REPUBLIC OF SOUTH AFRICA)
CASE NO: 15058/13
DATE:27/06/2013
In the matter between:
KAIZER SOLOMON GWEBU ….......................................................................APPLICANT
And
THE MINISTER OF CORRECTIONAL SERVICES...................................1st Respondent
THE NATIONAL COMMISIONER
DEPARTMENT OF CORRECTIONAL SERVICES..................................2nd Respondent
THE PROVINCIAL COMMISSIONER OF CORRECTIONAL SERVICES
LIMPOPO MPUMALAMGA NORTH WEST (LMN)...................................3rd Respondent
THE CHAIRMAN OF THE CASE MANAGEMENT
COMMITTEE, BARBERTON MEDIUM PRISON …...................................4th Respondent
THE CHAIRPERSON OF THE PAROLE
BOARD, BARBERTON MEDIUM PRISON................................................ 5th Respondent
THE HEAD OF PRISON,BARBERTON
MEDIUM PRISON …...................................................................................6th Respondent
Coram: Ebersohn AJ
Date: 25 June 2013
Handed down 26 June 2013
JUDGMENT
Ebersohn AJ
[1] This is a further matter that reached this court, like so many before it, wherein it is contended that a Parole Board failed in its duty.
[2] The applicant is one Kaiser Solomon Gwebu currently a prisoner in the Baberton Meduim Prison with prisoner number 202076130.
[3] He qualified to be released on parole.
[4] On 7 February 2013 the matter came before Makgoba J who referred the matter back to the Parole Board to finalise the parole hearing of the applicant.
[5] The Parole Board duly interviewed the applicant on the 22nd February 2013. Then the Parole Board apparently relied on the so-called
“restorative justice” aspect to delay the matter. This so-called “restorative justice” concept is a fabrication
of a process whereby it is required from a prisoner to make peace with the family of the victim, in this case people outside the
borders of our country. The whole process is an illegal concoction undermining the rights of prisoners to be released on parole when they legally qualify for it.
[6] The matter came before Prinsloo J on the 16th April 2013 and he ordered the Parole Board to complete the parole process before 24 May 2013 and to report back to this court what they have done on the 7th June 2013. This order was ignored by the respondents.
[7] On the 10th of June 2013 the matter came before Hughes AJ but was removed from the Roll by notice apparently to give the Parole Board an opportunity to assess the applicant which the Parole Board, however, did not do.
[8] The matters was then enrolled for hearing before me today. I was informed by counsel for the respondents that the Parole Board planned to see the applicant on Friday the 28th June 2013. No reason why the order of Prinsloo J was not complied with could given by him and he stated that he was only briefed at a late stage.
[10] An order was accordingly made ordering the Parole Board to place the applicant on parole within 30 calendar days from the 25th June 2013 subject, however, to the terms and conditions approved by the Correctional Supervision Parole and Release Board, with punitive costs.
P Z EBERSOHN
JUP6e OF THE NORTH GAUTENG HIGH COURT
Heard on: 25 June 2013
For the : Adv H.P. Joubert
Instructed by: Julian Knight & Associates Inc.
For the : not recorded
Instructed by: State Attorney