Mabuse and Others v Minister of Justice and Correctional Services and Others (21/59508) [2024] ZAGPJHC 345; 2024 (2) SACR 81 (GJ) (12 April 2024)

Mabuse and Others v Minister of Justice and Correctional Services and Others (21/59508) [2024] ZAGPJHC 345; 2024 (2) SACR 81 (GJ) (12 April 2024)

The court found that the respondents failed to process the applicants' parole applications with the promptness and diligence required by law. Judicial case management was necessary to ensure that the applicants' complaints were properly identified and addressed, resulting in the expedited release of four out of five applicants. The remaining applicant, Mr. Makafane, received a reasoned refusal and directions for further steps. The court held that the applications were moot as the relief sought had either been granted or a reasoned refusal had been provided. The respondents' initial approach was formulaic and failed to engage with the applicants' circumstances until judicial intervention...

Citation
[2024] ZAGPJHC 345
Parties
Applicant: Patrick Mabuse; Applicant: Vincent Makafane; Applicant: Kenneth Nkosi; Applicant: Justice Mahomane; Applicant: Zakhele Nkosi; Respondent: Minister of Justice and Correctional Services; Respondent: National Council on Correctional Services; Respondent: Chairperson of the Case Management Committee; Respondent: Chairperson of the Correctional Supervision and Parole Board; Respondent: Head of Krugersdorp Prison
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 April 2024
Case Number
21/59508
Procedural Posture
Review Application / Final Judgment After Judicial Case Management and Multiple Postponements
Outcome
Applications dismissed as moot; each party to pay their own costs.
Judges
S D J Wilson
Legal Topics
Parole Review, Unreasonable Delay, Mootness, Victim Offender Dialogue, Judicial Case Management
Administrative Law Criminal Law Parole Review Unreasonable Delay Mootness Victim Offender Dialogue Judicial Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Patrick Mabuse

Applicant

Vincent Makafane

Applicant

Kenneth Nkosi

Applicant

Justice Mahomane

Applicant

Zakhele Nkosi

Applicant

Minister of Justice and Correctional Services

Respondent

National Council on Correctional Services

Respondent

Chairperson of the Case Management Committee

Respondent

Chairperson of the Correctional Supervision and Parole Board

Respondent

Head of Krugersdorp Prison

Respondent

Procedural Posture

Review Application / Final Judgment After Judicial Case Management and Multiple Postponements

Legal Issues

  1. 1 Whether the respondents unreasonably delayed the processing of the applicants' parole applications.
  2. 2 Whether the applicants were entitled to reasons for the refusal or delay of their parole applications.
  3. 3 Whether the applications were rendered moot by subsequent release or reasoned refusal.

Ratio Decidendi

The court found that the respondents failed to process the applicants' parole applications with the promptness and diligence required by law. Judicial case management was necessary to ensure that the applicants' complaints were properly identified and addressed, resulting in the expedited release of four out of five applicants. The remaining applicant, Mr. Makafane, received a reasoned refusal and directions for further steps. The court held that the applications were moot as the relief sought had either been granted or a reasoned refusal had been provided. The respondents' initial approach was formulaic and failed to engage with the applicants' circumstances until judicial intervention...

Court Disposition

Applications dismissed as moot; each party to pay their own costs.

Orders

  • Each applicant's application is dismissed as moot.
  • Each party is to pay their own costs.