South Africa Case Law

Ricardo v Minister of Correctional Services and Others (32623/2014)

Ricardo v Minister of Correctional Services and Others (32623/2014) [2016] ZAGPJHC 307 (3 March 2016)

Court

South Gauteng High Court, Johannesburg

Case number

32623/2014

Judge

Satchwell

The court found that the NCCS and the Minister imposed conditions for parole consideration that were impossible for the applicant to fulfil, specifically participation in a Gang Management Strategy programme that was not offered at his prison and had never been made available. The authorities failed to consider the applicant's substantial efforts in skills development and did not provide any guidance or opportunity for restorative justice processes. The respondents relied on undisclosed and anonymous reports and did not substantiate their decisions with relevant considerations. The court held…

Source excerpt

• Judicial Review
• Parole Decision
• Procedural Fairness
• Irrelevant Considerations
• Promotion Of Administrative Justice Act

Bester v Minister of Correctional Services and Others (64018/09)

Bester v Minister of Correctional Services and Others (64018/09) [2012] ZAGPPHC 318 (28 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

64018/09

Judge

Msimeki M.W

The court dismissed a review of a parole decision, holding that the Parole Board had considered the matter and that no basis existed to substitute its decision.

• Judicial Review Of Administrative Action
• Parole Decision
• Reasonableness Standard
• Prisoner Rights
• Administrative-law
• Judicial-review