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South Africa decisions
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Ndhlovu v Correctional Supervision Parole Board and Others (2025/16719) [2025] ZAGPJHC 427 (29 April 2025)
The High Court dismissed an urgent review of a parole postponement, holding that no final parole decision had been made and no reviewable administrative action was shown.
Anderson v Minister of Justice and Correctional Services and Another (022949/2024) [2024] ZAGPPHC 1355 (23 December 2024)
The court set aside the Minister’s refusal of parole, held the decision irrational, and ordered Lee Anderson’s release on parole. No costs were ordered.
Mahlangu v Correctional Supervision and Parole Board and Others (111600/2024) [2024] ZAGPPHC 1304 (19 December 2024)
The court ordered the respondents to reconsider the applicant’s parole application, noting changed circumstances and the lapse of the further profile period. Each party paid its own costs.
Mahlangu v Minister of Justice and Correctional Services and Others (2023-076681) [2024] ZAGPPHC 1253 (29 November 2024)
The court granted condonation and remitted a parole matter to the Parole Board for urgent reconsideration, while declining jurisdiction over the transfer dispute.
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)
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…
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Mabuse and Others v Minister of Justice and Correctional Services and Others (21/59508) [2024] ZAGPJHC 345; 2024 (2) SACR 81 (GJ) (12 April 2024)
High Court case on delayed parole processing for five life-sentence prisoners, with judicial case management leading to release or a reasoned refusal and dismissal as moot.
Moshoeshoe v Minister of Justice and Correctional Services and Others (2022-058300) [2023] ZAGPPHC 2045 (22 December 2023)
The High Court suspended parole and contempt orders pending rescission, finding defective service and no proof beyond reasonable doubt of wilful, mala fide contempt.
Moodley v Minister of Justice and Correctional Services and Others (21/53385) [2023] ZAGPJHC 1447 (13 December 2023)
The High Court set aside a parole board’s deferment of Donovan Moodley’s parole application after finding the hearing procedurally unfair and invalid.
Block v Upington Correctional Supervision and Parole Board and Others (893/2023) [2023] ZANCHC 72; [2023] 4 All SA 295 (NCK) (15 September 2023)
The court found that the Parole Board and respondents erred materially in law by rigidly applying internal guidelines and failing to exercise their statutory discretion under section 80 of the Correctional Services Act. The applicant's conduct, including educational and rehabilitative contributions, constituted highly meritorious service and did not need to be perilous to qualify for remission. The respondents' reliance on the requirement of danger was unfounded and contrary to both the wording and purpose of the Act. The exclusion of the applicant from the Covid-19 special parole dispensatio…
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Lephaila v Minister of Justice and Correctional Services and Another (2022/037664) [2023] ZAGPJHC 688 (12 June 2023)
The court postponed a prisoner’s parole-related application sine die, finding the parole process was still ongoing and immediate mandamus relief was premature.
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