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Chapter 9 - Parole - South African Government Information

Chapter 9 - Parole - South African Government Information

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The said clogging of the rolls has, amongst other things, led to the Johannesburg<br />

High Court creating an additional Motion Court, which sits on a daily basis to deal<br />

with matters of parole and other matters which emanate from the Department of<br />

Correctional Services. During the period July 2004 to January 2005, the Motion<br />

Court applications increased to forty seven (47) matters. In this regard, refer to<br />

annexure “A” to this <strong>Chapter</strong>, wherein the State Attorney for Johannesburg has<br />

explained the problems they are encountering with regard to the various<br />

applications emanating from the Department of Correctional Services.<br />

The Commission has noted from the information received from the State Attorney<br />

that there has been a downward trend lately with these applications in the<br />

Johannesburg High Court. On making inquiries, the Commission was informed<br />

that during or about 15 th October 2005, a meeting to try and resolve the problem<br />

of the sudden influx of applications for parole in the Johannesburg High Court<br />

was held between Judge K. Satchwell and the senior officials of the department<br />

stationed at Johannesburg, Leeuwkop, Boksburg and Krugersdorp Management<br />

Areas. This meeting may have contributed to the downward trend in the <strong>Parole</strong><br />

or Review Applications<br />

Although there is a downward trend in <strong>Parole</strong> Applications at the Johannesburg<br />

High Court, the new applications are now to review the decisions or lack thereof<br />

of the <strong>Parole</strong> Boards. Furthermore, this problem of applications has not only<br />

been confined to the Johannesburg High Court. The Pretoria and Durban High<br />

Courts have also observed an upsurge in applicants, who are, inter alia, seeking<br />

to have the decisions of the parole boards reviewed and set aside because of the<br />

confusion in the Department with regard to parole.<br />

At the Pretoria High Court, the situation became so chaotic that the Registrar<br />

issued a directive or letter 40 to the Department setting out interim procedures<br />

40<br />

A copy of the letter is annexed to this <strong>Chapter</strong>, marked “A”<br />

506

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