Lebotsa and Another v Minister of Correctional Services and Others (6478/2009) [2009] ZAGPPHC 126; 2010 (1) SACR 379 (GNP) (29 October 2009)

Lebotsa and Another v Minister of Correctional Services and Others (6478/2009) [2009] ZAGPPHC 126; 2010 (1) SACR 379 (GNP) (29 October 2009)

The court found that the Parole Board failed to comply with the mandatory requirements of the Correctional Services Act. There was no evidence that the Case Management Committee had prepared the required section 38(2) plan, interviewed the applicants at regular intervals, or submitted proper reports to the Parole Board. The applicants were not informed of the contents of the reports nor given an opportunity to make written representations. The absence of prescribed information and procedural compliance rendered the Parole Board's decisions arbitrary and capricious. The court held that the applicants are entitled to have the decisions reviewed and set aside, and ordered the respondents to...

Citation
[2009] ZAGPPHC 126
Parties
Applicant: Letsepe Fix Lebotsa; Applicant: Jack Lesiba Thupana; Respondent: Minister of Correctional Services; Respondent: Commissioner of Correctional Services; Respondent: Chairperson, CSPB Pretoria Central CC; Respondent: Chairperson, CMC Pretoria Central CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 October 2009
Case Number
6478/2009
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; Parole Board decisions set aside; respondents ordered to comply with statutory procedures and reconsider applicants for parole by 31 January 2010.
Judges
B.R. Southwood
Legal Topics
Parole Review, Procedural Fairness, Correctional Services Act, Arbitrary Decision Making, Prescribed Information, Rehabilitation Requirements
Administrative Law Criminal Law Parole Review Procedural Fairness Correctional Services Act Arbitrary Decision Making Prescribed Information Rehabilitation Requirements

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Parties

Letsepe Fix Lebotsa

Applicant

Jack Lesiba Thupana

Applicant

Minister of Correctional Services

Respondent

Commissioner of Correctional Services

Respondent

Chairperson, CSPB Pretoria Central CC

Respondent

Chairperson, CMC Pretoria Central CC

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Correctional Supervision and Parole Board's decisions not to grant parole to the applicants were arbitrary or capricious.
  2. 2 Whether the prescribed procedures and information required by the Correctional Services Act were complied with in considering the applicants for parole.
  3. 3 Whether the applicants were afforded procedural fairness, including access to reports and opportunity to make representations.

Ratio Decidendi

The court found that the Parole Board failed to comply with the mandatory requirements of the Correctional Services Act. There was no evidence that the Case Management Committee had prepared the required section 38(2) plan, interviewed the applicants at regular intervals, or submitted proper reports to the Parole Board. The applicants were not informed of the contents of the reports nor given an opportunity to make written representations. The absence of prescribed information and procedural compliance rendered the Parole Board's decisions arbitrary and capricious. The court held that the applicants are entitled to have the decisions reviewed and set aside, and ordered the respondents to...

Court Disposition

Application for review granted; Parole Board decisions set aside; respondents ordered to comply with statutory procedures and reconsider applicants for parole by 31 January 2010.

Orders

  • The decisions of the Correctional Services Parole Board Pretoria Central taken in respect of the applicants on 17 September 2008 are reviewed and set aside.
  • The Case Management Committee Pretoria Central is ordered to immediately prepare the report contemplated in section 42 of Act 111 of 1998 in respect of the applicants and submit the reports to the applicants for their written representations as required by section 42(3) of Act 111 of 1998 so that both can be...