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South Africa decisions
Decisions matching the current search
Nyamakazi v Head of Modderbee Correctional Centre and Others (2024-060382) [2024] ZAGPPHC 779 (5 August 2024)
The High Court dismissed an urgent application for an order declaring the applicant eligible for a presidential special remission under Circular 4 of 2023.
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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Smith v Minister of Justice and Correctional Services and Others (35658/2021) [2021] ZAGPJHC 556 (30 September 2021)
The court held that the applicant's application for access to the confidential memorandum under PAIA was fatally defective and that the documentation had since been provided. The central issue was whether the applicant qualified for the special parole dispensation. The respondents' calculation of the minimum detention period, based on the warrants and sentences, placed the applicant's eligibility date after the threshold required by the circular governing the special dispensation. The applicant had not been furnished with the case management committee report nor afforded an opportunity to mak…
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Huang and Another v Provinsiale Kommissaris:Korrektiewe Dienste (Vrystaat) and Another (2194/2003) [2003] ZAFSHC 26 (23 October 2003)
The court held that section 68 of the Correctional Services Act allows only one special remission of up to two years, so the review was dismissed.
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