Van Niekerk v Provinsiale Kommissaris Korrektiewe Dienste: Vrystaat en 'n Ander (1190/2003) [2004] ZAFSHC 56 (10 June 2004)

Van Niekerk v Provinsiale Kommissaris Korrektiewe Dienste: Vrystaat en 'n Ander (1190/2003) [2004] ZAFSHC 56 (10 June 2004)

The court held that section 68 of the Correctional Services Act does not preclude the granting of further remission to a prisoner who has previously received less than the maximum two years. The interpretation advanced by the respondents would lead to absurd results, such as denying further remission to a prisoner who subsequently renders highly meritorious service. The legislative intent is to cap the total special remission at two years, not to restrict it to a single grant. Therefore, the applicant may be entitled to further remission, subject to the statutory maximum, and the respondents' point of law fails.

Citation
[2004] ZAFSHC 56
Parties
Applicant: Gideon Joubert van Niekerk; Respondent: Die Provinsiale Kommissaris Korrektiewe Dienste: Vrystaat; Respondent: Die Minister van Korrektiewe Dienste
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 June 2004
Case Number
1190/2003
Procedural Posture
Civil Application / Hearing on Point of Law Under Rule 33(4); Interlocutory Order
Outcome
The respondents' point of law is dismissed. The matter is postponed sine die to give effect to the previous court order dated 12 June 2003.
Judges
S.P.B. Hancke
Legal Topics
Remission of Sentence, Interpretation of Statutes, Special Remission, Correctional Services Act, Judicial Discretion
Administrative Law Civil Procedure Remission of Sentence Interpretation of Statutes Special Remission Correctional Services Act Judicial Discretion

Case Brief

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Parties

Gideon Joubert van Niekerk

Applicant

Die Provinsiale Kommissaris Korrektiewe Dienste: Vrystaat

Respondent

Die Minister van Korrektiewe Dienste

Respondent

Procedural Posture

Civil Application / Hearing on Point of Law Under Rule 33(4); Interlocutory Order

Legal Issues

  1. 1 Whether the applicant is entitled to further remission of sentence under section 68 of the Correctional Services Act.
  2. 2 Whether the Commissioner may grant multiple remissions provided the total does not exceed two years.
  3. 3 Whether an agreement or promise for remission was made between the applicant and the respondents.

Ratio Decidendi

The court held that section 68 of the Correctional Services Act does not preclude the granting of further remission to a prisoner who has previously received less than the maximum two years. The interpretation advanced by the respondents would lead to absurd results, such as denying further remission to a prisoner who subsequently renders highly meritorious service. The legislative intent is to cap the total special remission at two years, not to restrict it to a single grant. Therefore, the applicant may be entitled to further remission, subject to the statutory maximum, and the respondents' point of law fails.

Court Disposition

The respondents' point of law is dismissed. The matter is postponed sine die to give effect to the previous court order dated 12 June 2003.

Orders

  • The respondents' point of law is dismissed.
  • The matter is postponed sine die for execution of the court order dated 12 June 2003.