South Africa Case Law

Mazingane and Others v Minister of Correctional Services and Others (2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022)

Mazingane and Others v Minister of Correctional Services and Others (2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022) [2024] ZAGPJHC 1092 (28 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/00411 ; 2024/00414 ; 2024/00353 ; 2024/00360 ; 037664/2022

Judge

WJ du Plessis

The court held that while offenders serving life sentences do not have a right to be released on parole, they do have a right to be considered for parole in a manner that is substantively and procedurally fair. The Minister's decision regarding parole is an administrative action subject to review under PAJA. Unreasonable delays in making such decisions are not permissible and may be reviewed and remedied by the court. The court found that in several instances, the relief sought by applicants was moot due to recent decisions or premature because the parole process was incomplete. However, the…

Source excerpt

• Parole Review
• Promotion Of Administrative Justice Act
• Unreasonable Delay
• Legitimate Expectation
• Life Imprisonment
• Constitutional Rights Of Prisoners

Nkosi v Minister of Justice and Correctional Services and Others (1674/2021)

Nkosi v Minister of Justice and Correctional Services and Others (1674/2021) [2021] ZAMPMBHC 31 (23 July 2021)

Court

Mbombela High Court, Mpumalanga

Case number

1674/2021

Judge

H.F. Brauckmann

The High Court dismissed an unopposed application by a sentenced offender seeking transfer to Barberton Correctional Services, finding the wrong procedure was used.

• Correctional Services Act
• Prisoner Transfer
• Jurisdiction
• Constitutional Rights Of Prisoners
• Correctional-services-act
• Prisoner-transfer

Mdoda v Minister of Justice and Correctional Services and Others (1984/2021)

Mdoda v Minister of Justice and Correctional Services and Others (1984/2021) [2021] ZAMPMBHC 30 (23 July 2021)

Court

Mbombela High Court, Mpumalanga

Case number

1984/2021

Judge

Brauckmann

The High Court dismissed an inmate’s urgent application to be transferred to Barberton Correctional Services, finding he used the wrong procedure and had no right to a facility of choice.

• Transfer Of Inmates
• Jurisdiction
• Procedural Compliance
• Constitutional Rights Of Prisoners
• Prison-transfer
• Correctional-services-act

Nongalo and Others v National Commissioner: Department of Correctional Services and Another (3905/2005)

Nongalo and Others v National Commissioner: Department of Correctional Services and Another (3905/2005) [2007] ZAFSHC 84 (10 May 2007)

Court

Free State High Court, Bloemfontein

Case number

3905/2005

Judge

Malherbe

The court found that the applicants failed to comply with the procedural requirements for review under PAJA, specifically the time limits and the exhaustion of internal remedies. Even if these procedural objections were disregarded, the application lacked merit. The applicants sought to dictate their place of detention based on personal preference, which is not permissible. The Correctional Services Act and the Constitution provide rights to prisoners, but these are subject to practical limitations such as prison capacity and security classifications. The respondents demonstrated that all tra…

Source excerpt

• Promotion Of Administrative Justice Act
• Internal Remedies Exhaustion
• Prisoner Transfer
• Constitutional Rights Of Prisoners