Nobatana and Another v Head of Rooiground Correctional Centre and Others (72348/2012) [2015] ZAGPJHC 39 (6 February 2015)

Nobatana and Another v Head of Rooiground Correctional Centre and Others (72348/2012) [2015] ZAGPJHC 39 (6 February 2015)

The court held that the applicants, sentenced to life imprisonment before 1 October 2004, are subject to the parole policy and guidelines in force at the time of their sentencing, which required twenty years to be served before parole consideration. However, the credits system under section 22A of Act 8 of 1959 allows for the parole consideration date to be brought forward, provided credits do not exceed half the period served. The applicants had not served the minimum required period at the time of hearing but now qualify for consideration, subject to meeting other statutory requirements. The court rejected the argument that all offenders are eligible for parole after serving one third...

Citation
[2015] ZAGPJHC 39
Parties
Applicant: Princedom Mabandla Nobatana; Applicant: Sylvanus Moreotsile Madibe; Respondent: The Head of Rooigrond Correctional Centre; Respondent: The Deputy Head of Rooigrond Correctional Centre; Respondent: The Chairperson of the Parole Board; Respondent: Chairperson of the Case Management Committee; Respondent: The Minister of Correctional Services
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 February 2015
Case Number
72348/2012
Procedural Posture
Review Application / Judgment
Outcome
Application partially granted. The respondents are ordered to consider the applicants for placement on parole in terms of section 22A of Act 8 of 1959. No order as to costs.
Judges
Mashile
Legal Topics
Parole Eligibility, Correctional Services Act, Transitional Provisions, Credits System, Remission of Sentence
Administrative Law Criminal Law Parole Eligibility Correctional Services Act Transitional Provisions Credits System Remission of Sentence

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Parties

Princedom Mabandla Nobatana

Applicant

Sylvanus Moreotsile Madibe

Applicant

The Head of Rooigrond Correctional Centre

Respondent

The Deputy Head of Rooigrond Correctional Centre

Respondent

The Chairperson of the Parole Board

Respondent

Chairperson of the Case Management Committee

Respondent

The Minister of Correctional Services

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants are entitled to be considered for placement on parole forthwith under the applicable parole policy.
  2. 2 Whether offenders serving life imprisonment are eligible for parole consideration after serving one third of their sentences.
  3. 3 Whether maximum credits under section 22A of the Correctional Services Act 8 of 1959 apply to the applicants.

Ratio Decidendi

The court held that the applicants, sentenced to life imprisonment before 1 October 2004, are subject to the parole policy and guidelines in force at the time of their sentencing, which required twenty years to be served before parole consideration. However, the credits system under section 22A of Act 8 of 1959 allows for the parole consideration date to be brought forward, provided credits do not exceed half the period served. The applicants had not served the minimum required period at the time of hearing but now qualify for consideration, subject to meeting other statutory requirements. The court rejected the argument that all offenders are eligible for parole after serving one third...

Court Disposition

Application partially granted. The respondents are ordered to consider the applicants for placement on parole in terms of section 22A of Act 8 of 1959. No order as to costs.

Orders

  • The respondents are ordered to consider the placement of the applicants on parole in terms of section 22A of Act No. 8 of 1959.
  • No order as to costs.