Court dismisses Ferdi Banard’s review application
The North Gauteng High Court has dismissed an application by inmate Ferdi Barnard following his review application for the Minister’s decision to be set aside and for the court to order his immediate release. Mr Barnard had applied for review and setting aside of the decision of the Minister to decline his release on parole.
On 4 June 1998, after being found guilty of having committed serious crimes, including the murder of Dr David Webster, who was an anthropologist at the University of Witwatersrand, Mr Barnard was sentenced to 2 terms of life and 63 years imprisonment. That particular murder was committed whilst Mr Barnard was on parole for a previous murder. On 28 November 2014 he applied to be released on parole. While his application was due to be considered by the relevant structures within Correctional Services, he approached the North Gauteng High Court in a bid to have his application considered and a decision made by me within a specified period of time. However, an agreement which became an order of court was reached by parties. The court order required the National Council for Correctional Services (NCCS) to consider the application on or before 19 December 2014 as required by the law.
This is not the first time that Mr Barnard has been considered for parole, nor is the first time that he has launched review proceedings against a parole decision.
Upon receipt of the decision from the NCCS wherein they recommended his release on 19 February 2015 with a release date of 1 June 2015, Minister refused to approve his release and ordered a further profile on 25 February 2015. Minister cited lack of second victim’s family involvement in the parole process, Mr Barnard’s lack of participation in self development programs among the reasons for his decision.
The Court found that Minister considered both positive and negative factors in deciding not to approve NCCS recommendation that Mr Barnard be placed on parole. Court concluded that on the facts before it, the Minister’s refusal to adopt the NCCS recommendation is not sufficient to render his decision unreasonable.
The Minister has welcomed the judgment as it reaffirms his long held view that his decision was reasonable and above board. Minister commits to ensuring that his department applies the law fairly in its parole processing.
I thank you.
Enquiries:
Adv Mthunzi Mhaga
Spokesperson for the Ministry of Justice and Correctional Services
Cell: 0836418141
