South Africa Case Law

Ex parte: Kabi; In re: Groenpunt Correctional Supervision and Parole Board v S and Others (476/2015)

Ex parte: Kabi; In re: Groenpunt Correctional Supervision and Parole Board v S and Others (476/2015) [2015] ZAFSHC 215 (30 October 2015)

Court

Free State High Court, Bloemfontein

Case number

476/2015

Judge

Moloi

High Court held an ex parte correctional supervision order was a nullity for failure to follow Section 276A(3) procedures. Amendment was dismissed.

• Correctional Supervision
• Conversion Of Sentence
• Locus Standi
• Ex Parte Applications
• Authority Of Deponent
• Correctional-supervision

Minister of Correctional Services and Another v Johnson and Others (16515/2012)

Minister of Correctional Services and Another v Johnson and Others (16515/2012) [2013] ZAGPPHC 152; 2013 (2) SACR 565 (GNP) (12 June 2013)

Court

North Gauteng High Court, Pretoria

Case number

16515/2012

Judges

H J Fabricius, E M Makgoba, W Hughes

A Full Bench held that a magistrate lacked jurisdiction to convert prison sentences to correctional supervision because release was more than five years away.

• Jurisdiction Of Magistrate
• Conversion Of Sentence
• Correctional Supervision
• Principle Of Legality
• Interpretation Of Statute
• Criminal-procedure-act

C.V v Minister of Correctional Services and Others (48967/2012)

C.V v Minister of Correctional Services and Others (48967/2012) [2012] ZAGPPHC 324 (30 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

48967/2012

Judge

Makgoka

The court found that the parole board's decision was arbitrary and capricious, as it was made without considering all prescribed information, including updated reports from the social worker and psychologist and victim representations. The absence of this information rendered the decision unlawful under PAJA. The court held that only the parole board is empowered to form the opinion required for referral to the sentencing court for reconsideration of sentence, and there were no exceptional circumstances justifying the court substituting its own decision. The matter was remitted to the parole…

Source excerpt

• Promotion Of Administrative Justice Act
• Parole Review
• Conversion Of Sentence
• Audi Alteram Partem
• Correctional Supervision