Chapter 9 - Parole - South African Government Information

CHAPTER 9
PAROLE
1. INTRODUCTION
The Commission consistently received complaints from prisoners and
occasionally from members of Correctional Services about the Department’s
parole policy, the conversion of terms of imprisonment to correctional
supervision, the remission of sentences and transfer of prisoners from one prison
to another. This particular Chapter will deal with parole since the Commission
has been able to establish that there are problematic areas because of
mismanagement and/or corruption, which, in the Commission’s view, the
Department needs to attend to.
Department officials seem to be exercising unfettered discretion in respect of a
number of issues, including parole and transfer, notwithstanding the fact that the
Appellate Division has previously stipulated that a Government official may not
exercise such discretion. The discretion allowed is to be exercised according to
rules of reason and justice 1 and is limited to the extent of the provisions of the
enabling statute. In this case, it would also include compliance with the provisions
of the Constitution of the Republic of South Africa. Officials are clearly exercising
1
See Ismail and Another v Durban City Council 1973 (2) SA 362 (N) at 371 H – 372 B
cited with approval in Goldberg and Others v Minister of Prisons 1979 (1) SA 14 (A.D.)
at 18 C-F; Park-Ross v Director: Office for Serious Economic Offences 1995 (2) SA 148
(C) at 173 H-I; Union of Teachers’Associations v Minister of Education & Culture 1993
(2) SA 828 (C) at 836 A-C; West.Bank v Laurie Fossati Plant Hire (Under Jud. Man.)
1974 (4) 607 (E.C.D.) at 610 B-D and Stanfield v Minister of Correctional Services and
Others 2004 (4) SA 43 (CPD) at para. [100].
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