Nobatana and Another v Head of Rooigrond Correctional Centre and Others (72348/2012) [2015] ZAGPPHC 55 (6 February 2015)

Nobatana and Another v Head of Rooigrond Correctional Centre and Others (72348/2012) [2015] ZAGPPHC 55 (6 February 2015)

The court held that parole eligibility for offenders sentenced to life imprisonment before 1 October 2004 is governed by the policy and guidelines in force at the time of sentencing. For the applicants, sentenced in 2000 and 2001, the applicable policy required twenty years of imprisonment before parole consideration, subject to credits earned under section 22A of the Correctional Services Act 8 of 1959. The applicants' reliance on Van Vuuren was misplaced, as that case involved a different policy period. Section 65(4)(a) does not apply to life sentences, and remission of sentence does not advance the parole consideration date for indeterminate sentences. The applicants are entitled to...

Citation
[2015] ZAGPPHC 55
Parties
Applicant: Princedom Mabandla Nobatana; Applicant: Sylvanus Moreotsile Madibe; Respondent: Head of Rooigrond Correctional Centre; Respondent: Deputy Head of Rooigrond Correctional Centre; Respondent: Chairperson of the Parole Board; Respondent: Chairperson of the Case Management Committee; Respondent: Minister of Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 February 2015
Case Number
72348/2012
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part; respondents ordered to consider applicants for parole in terms of section 22A of Act 8 of 1959.
Judges
Mashile
Legal Topics
Parole Eligibility, Correctional Services Act, Transitional Provisions, Credits System, Life Imprisonment, Remission of Sentence
Administrative Law Criminal Law Parole Eligibility Correctional Services Act Transitional Provisions Credits System Life Imprisonment Remission of Sentence

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Parties

Princedom Mabandla Nobatana

Applicant

Sylvanus Moreotsile Madibe

Applicant

Head of Rooigrond Correctional Centre

Respondent

Deputy Head of Rooigrond Correctional Centre

Respondent

Chairperson of the Parole Board

Respondent

Chairperson of the Case Management Committee

Respondent

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 policies.
  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 should be awarded to the applicants.

Ratio Decidendi

The court held that parole eligibility for offenders sentenced to life imprisonment before 1 October 2004 is governed by the policy and guidelines in force at the time of sentencing. For the applicants, sentenced in 2000 and 2001, the applicable policy required twenty years of imprisonment before parole consideration, subject to credits earned under section 22A of the Correctional Services Act 8 of 1959. The applicants' reliance on Van Vuuren was misplaced, as that case involved a different policy period. Section 65(4)(a) does not apply to life sentences, and remission of sentence does not advance the parole consideration date for indeterminate sentences. The applicants are entitled to...

Court Disposition

Application granted in part; respondents ordered to consider applicants for parole in terms of section 22A of Act 8 of 1959.

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.