Van Vuuren and Others v Minister of Correctional Services (46062/08) [2009] ZAGPPHC 315 (17 August 2009)

Van Vuuren and Others v Minister of Correctional Services (46062/08) [2009] ZAGPPHC 315 (17 August 2009)

The court held that section 136(1) of the Correctional Services Act 111 of 1998 is constitutionally valid and applies to all persons serving life sentences prior to the commencement of chapters IV, VI and VII of the Act. The applicants, having not served 20 years, are not entitled to be considered for parole. The Derby-Lewis judgment by the full bench authoritatively determined the constitutionality and applicability of section 136, and this court is bound by that decision. The applicants' subsequent argument that the old dispensation under the Correctional Services Act 8 of 1959 should apply was rejected, as it was not raised in the papers and is contrary to the full bench's ruling.

Citation
[2009] ZAGPPHC 315
Parties
Applicant: J L Van Vuuren & 7 Others; Respondent: Minister of Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 August 2009
Case Number
46062/08
Procedural Posture
Constitutional Challenge / Final Judgment
Outcome
Applications of the second, third, fourth and fifth applicants are dismissed. No order as to costs for the first, sixth and seventh applicants. The second to fifth applicants must pay the respondent's costs for the last appearance, limited to one junior counsel.
Judges
Bertelsmann
Legal Topics
Parole Eligibility, Constitutionality of Statute, Life Imprisonment, Correctional Services Act, Retrospective Application
Constitutional Law Administrative Law Parole Eligibility Constitutionality of Statute Life Imprisonment Correctional Services Act Retrospective Application

Case Brief

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Parties

J L Van Vuuren & 7 Others

Applicant

Minister of Correctional Services

Respondent

Procedural Posture

Constitutional Challenge / Final Judgment

Legal Issues

  1. 1 Whether section 136 of the Correctional Services Act 111 of 1998 is constitutionally valid.
  2. 2 Whether applicants sentenced to life imprisonment prior to the commencement of chapters IV, VI and VII of the 1998 Act are entitled to be considered for parole before serving 20 years.
  3. 3 Whether the old dispensation under the Correctional Services Act 8 of 1959, allowing parole after 10 or 15 years, still applies to the applicants.

Ratio Decidendi

The court held that section 136(1) of the Correctional Services Act 111 of 1998 is constitutionally valid and applies to all persons serving life sentences prior to the commencement of chapters IV, VI and VII of the Act. The applicants, having not served 20 years, are not entitled to be considered for parole. The Derby-Lewis judgment by the full bench authoritatively determined the constitutionality and applicability of section 136, and this court is bound by that decision. The applicants' subsequent argument that the old dispensation under the Correctional Services Act 8 of 1959 should apply was rejected, as it was not raised in the papers and is contrary to the full bench's ruling.

Court Disposition

Applications of the second, third, fourth and fifth applicants are dismissed. No order as to costs for the first, sixth and seventh applicants. The second to fifth applicants must pay the respondent's costs for the last appearance, limited to one junior counsel.

Orders

  • Applications of the second, third, fourth and fifth applicants are dismissed.
  • No order as to costs for the first, sixth and seventh applicants.