Minister of Correctional Services and Another v Johnson and Others (16515/2012) [2013] ZAGPPHC 152; 2013 (2) SACR 565 (GNP) (12 June 2013)

Minister of Correctional Services and Another v Johnson and Others (16515/2012) [2013] ZAGPPHC 152; 2013 (2) SACR 565 (GNP) (12 June 2013)

The Full Bench held that the Regional Magistrate lacked jurisdiction to convert the sentences of the Third and Fourth Respondents to correctional supervision under s276A(3) of the Criminal Procedure Act, as their date of release was more than five years in the future. The relevant statutory provisions, as interpreted in recent case law, made it clear that such conversion was not permissible. The orders and warrants for release were therefore unlawful and invalid and were set aside. The court further held that time served under correctional supervision counts towards the original sentence. No order as to costs was made, given the circumstances and the role of the applicants' own Parole...

Citation
[2013] ZAGPPHC 152
Parties
Applicant: Minister of Correctional Services; Applicant: National Commissioner of Correctional Services; Respondent: Mr P J Johnson: Regional Magistrate; Respondent: Zonderwater Correctional Supervision and Parole Board; Respondent: Frederick Reinach Tiedt; Respondent: Gert Mathys van Schalkwyk
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2013
Case Number
16515/2012
Procedural Posture
Review Application / Full Bench Review of Regional Magistrate's Orders Converting Imprisonment to Correctional Supervision
Outcome
Application for review granted. Orders and warrants for release set aside. Third and Fourth Respondents to return to correctional centre. No order as to costs.
Judges
H J Fabricius, E M Makgoba, W Hughes
Legal Topics
Jurisdiction of Magistrate, Conversion of Sentence, Correctional Supervision, Principle of Legality, Interpretation of Statute
Criminal Law Administrative Law Jurisdiction of Magistrate Conversion of Sentence Correctional Supervision Principle of Legality Interpretation of Statute

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Parties

Minister of Correctional Services

Applicant

National Commissioner of Correctional Services

Applicant

Mr P J Johnson: Regional Magistrate

Respondent

Zonderwater Correctional Supervision and Parole Board

Respondent

Frederick Reinach Tiedt

Respondent

Gert Mathys van Schalkwyk

Respondent

Procedural Posture

Review Application / Full Bench Review of Regional Magistrate's Orders Converting Imprisonment to Correctional Supervision

Legal Issues

  1. 1 Whether the Regional Magistrate had jurisdiction under s276A(3) of the Criminal Procedure Act to convert sentences of imprisonment to correctional supervision when the date of release was more than five years in the future.
  2. 2 Whether the decisions and orders converting the sentences and releasing the Third and Fourth Respondents were lawful and valid.
  3. 3 Whether time served under correctional supervision counts towards the original sentence.

Ratio Decidendi

The Full Bench held that the Regional Magistrate lacked jurisdiction to convert the sentences of the Third and Fourth Respondents to correctional supervision under s276A(3) of the Criminal Procedure Act, as their date of release was more than five years in the future. The relevant statutory provisions, as interpreted in recent case law, made it clear that such conversion was not permissible. The orders and warrants for release were therefore unlawful and invalid and were set aside. The court further held that time served under correctional supervision counts towards the original sentence. No order as to costs was made, given the circumstances and the role of the applicants' own Parole...

Court Disposition

Application for review granted. Orders and warrants for release set aside. Third and Fourth Respondents to return to correctional centre. No order as to costs.

Orders

  • The decisions and orders of the First Respondent of 15 December 2011 converting the sentences of imprisonment of the Third and Fourth Respondents into correctional supervision are reviewed and set aside.
  • The warrants for the release of the Third and Fourth Respondents signed by the First Respondent on 15 December 2011 are set aside.