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South Africa decisions
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Vundisa v Kimberley Correctional Supervision and Parole Board (1969/2022) [2024] ZANCHC 28 (28 March 2024)
The High Court dismissed a review of a parole-board decision, finding parole had been withdrawn on 11 October 2021 within the statutory period and not in bad faith.
Mhlongo v S (A54/2019) [2020] ZAMPMHC 6 (20 May 2020)
The High Court upheld a bail appeal, finding the magistrate relied on inadmissible evidence and unsupported assumptions. Bail was granted on set conditions.
Ehrlich v Minister of Correctional Services and Others (2004/2016) [2016] ZAECGHC 100 (6 October 2016)
The court found that the applicant had left the East London Magisterial District without obtaining the required permission, constituting a breach of his parole conditions. The evidence did not support the existence of any formal arrangement permitting such travel. The respondents acted within their statutory powers in recommending and deciding on the revocation of parole, and the process was not shown to be irrational, procedurally unfair, or unlawful. However, the court found that the Correctional Services had failed to comply with their statutory duty to regularly assess and determine the a…
Source excerpt
S v Jwara (A841/2015) [2015] ZAGPPHC 890 (12 November 2015)
Special review of a sentence for drug possession confirmed concurrency can be ordered, but only if the alternative imprisonment in the earlier fine-based sentence is actually served.
S v Abacrombie (200/2014) [2014] ZAFSHC 216 (6 December 2014)
On special review, the High Court set aside a magistrate’s order sending the respondent to rehabilitation because he was already serving a prison sentence.
S v Abacrombie (200/2014) [2014] ZAFSHC 183 (6 November 2014)
On special review, the High Court set aside a magistrate’s rehabilitation order because the respondent’s parole had been revoked and he was already serving a prison sentence.
Du Preez v Minister of Justice and Correctional Services and Others (44933/2014) [2014] ZAGPPHC 801; 2015 (1) SACR 478 (GP) (18 September 2014)
The High Court upheld the revocation of parole, finding the board could consider misconduct discovered after release but committed while the applicant was still incarcerated.
Du Preez v Minister of Justice & Correctional Services and Another (44933/2014) [2014] ZAGPPHC 566 (10 July 2014)
The High Court reviewed and set aside a parole board decision revoking an applicant’s parole because the board’s composition changed after the hearing.
Ntontela v Minister of Correctional Services (36467/11) [2012] ZAGPJHC 63; 2012 (2) SACR 487 (GSJ) (2 February 2012)
The court dismissed an urgent application challenging a parole-revocation warrant and detention, holding the warrant lawful and declining to assess the merits of revocation.
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