Price v Minister of Correctional Services (511/2006) [2007] ZASCA 156; [2007] SCA 156 (RSA); [2008] 1 All SA 455 (SCA) ; 2008 (2) SACR 64 (SCA) (28 November 2007)

Price v Minister of Correctional Services (511/2006) [2007] ZASCA 156; [2007] SCA 156 (RSA); [2008] 1 All SA 455 (SCA) ; 2008 (2) SACR 64 (SCA) (28 November 2007)

The Supreme Court of Appeal held that the phrase 'date of release' in section 276A(3)(a)(ii) of the Criminal Procedure Act 51 of 1977, for prisoners subject to the Correctional Services Act 8 of 1959, must be interpreted as the earliest date on which the prisoner may be considered for placement on parole or the date of sentence expiration, whichever occurs first. This interpretation is mandated by the deeming provision in section 63(1)(b)(i) of the 1959 Act. The court found that the contrary interpretation adopted in Steenkamp and followed by the court a quo was incorrect. The court further held that once a prisoner is released on parole, he is no longer a prisoner and cannot invoke...

Citation
[2007] ZASCA 156
Parties
Appellant: David Ashley Price; Respondent: Minister of Correctional Services
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2007
Case Number
511/2006
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal upheld in part; declaratory relief granted on the interpretation of 'date of release'; costs awarded to appellant; request for sentence reconsideration after parole release denied.
Judges
Scott, Nugent, Van Heerden, Mlambo, Kgomo
Legal Topics
Correctional Supervision, Parole Eligibility, Sentence Reconsideration, Interpretation of Statutes
Criminal Law Administrative Law Correctional Supervision Parole Eligibility Sentence Reconsideration Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

David Ashley Price

Appellant

Minister of Correctional Services

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 What is the correct interpretation of 'date of release' in section 276A(3)(a)(ii) of the Criminal Procedure Act 51 of 1977 for prisoners subject to the Correctional Services Act 8 of 1959.
  2. 2 Is a person released on parole entitled to have his sentence reconsidered under section 276A(3)(a)(ii) of the Criminal Procedure Act 51 of 1977.
  3. 3 Does the arrival of the parole consideration date preclude a prisoner from being recommended for correctional supervision.

Ratio Decidendi

The Supreme Court of Appeal held that the phrase 'date of release' in section 276A(3)(a)(ii) of the Criminal Procedure Act 51 of 1977, for prisoners subject to the Correctional Services Act 8 of 1959, must be interpreted as the earliest date on which the prisoner may be considered for placement on parole or the date of sentence expiration, whichever occurs first. This interpretation is mandated by the deeming provision in section 63(1)(b)(i) of the 1959 Act. The court found that the contrary interpretation adopted in Steenkamp and followed by the court a quo was incorrect. The court further held that once a prisoner is released on parole, he is no longer a prisoner and cannot invoke...

Court Disposition

Appeal upheld in part; declaratory relief granted on the interpretation of 'date of release'; costs awarded to appellant; request for sentence reconsideration after parole release denied.

Orders

  • The respondent is ordered to pay the appellant's costs of appeal, including costs for two counsel.
  • The order of the court a quo is set aside and substituted with a declaration that the 'date of release' in section 276A(3)(a)(ii) of the Criminal Procedure Act 51 of 1977 means, for prisoners subject to the Correctional Services Act 8 of 1959, the earliest date for parole consideration or sentence expiration,...