South Africa Case Law

Ndhlovu v Correctional Supervision and Parole Board, Kgosi Mampuru II Central and Others (2024/134587)

Ndhlovu v Correctional Supervision and Parole Board, Kgosi Mampuru II Central and Others (2024/134587) [2024] ZAGPJHC 1265 (9 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/134587

Judge

Adams

The application is dismissed because the applicant failed to exhaust internal remedies as required by the Correctional Services Act and PAJA before seeking judicial review. The factual dispute regarding the applicant's nationality cannot be resolved on the papers, as the respondents' version is not so untenable as to be rejected. The applicant is not entitled to final relief, including release on parole or correction of his profile, until the prescribed internal processes are completed. However, the respondents are compelled to comply with the previous court order to verify the applicant's na…

Source excerpt

• Judicial Review
• Exhaustion Of Internal Remedies
• Parole Decisions
• Classification Of Nationality
• Urgent Interdict

Van Vuuren v Minister of Correctional Services (30318/2012)

Van Vuuren v Minister of Correctional Services (30318/2012) [2014] ZAGPPHC 67; 2014 (2) SACR 227 (GP) (7 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

30318/2012

Judge

M W Msimeki

The court declined to review and replace the parole decision, but ordered reconsideration supported by an updated profile report and a joint psychiatric report.

• Judicial Review Of Administrative Action
• Parole Decisions
• Rationality
• Procedural Fairness
• Anti Social Personality Disorder
• Administrative-law

Shebe v Minister of Correctional Services and Others (2338/2013)

Shebe v Minister of Correctional Services and Others (2338/2013) [2013] ZAFSHC 154 (19 September 2013)

Court

Free State High Court, Bloemfontein

Case number

2338/2013

Judge

S.J. Thamage

The court dismissed an application to compel the immediate release of a sentenced prisoner, holding that parole is discretionary and must be considered within the statutory framework.

• Parole Decisions
• Separation Of Powers
• Judicial Review
• Correctional Services Act
• Victim Engagement
• Parole-decisions