Correctional Services Minister, Hon. Nosiviwe Mapisa-Nqakula, MP, will tomorrow announce her decision after having considered the parole applications of the first 95 offenders serving life sentences out of a total of 385, following the ruling of the Constitutional Court on the 30th of September 2010.
Minister Mapisa-Nqakula approached the Constitutional Court at the beginning of the year to ask the court to clarify the order it handed down on 30 September 2010.
The clarification was sought as to whether the National Council of Correctional Services (NCCS) still had a role to fulfil in the processing and consideration of the placement on parole of lifers sentenced before 1 March 1994.
The NCCS had raised the matter of its role as an advisory body to the Minister in processing the parole applications of offenders serving life sentences affected by the Con Court's decision, after having studied the 30 September 2010 judgement of Van Vuren v The Minister of Correctional Services and Others.
The NCCS had interpreted the judgement to mean that the Minister should decide on the parole applications of this group of offenders without the advisory body's assistance, since the court's instruction did not mention the NCCS directly.
On 31 March 2011, the Constitutional Court handed down judgment and indicated that its main judgment of 30 September 2010 was clear in as far as there can be no doubt that it applies only to those inmates sentenced to life before the introduction of the 20 year minimum detention period on 1 March 1994.
Therefore, the Court held that the NCCS is excluded from the process of parole consideration of inmates sentenced before 1 March 1994.
This meant that the Minister of Correctional Services should consider the placement of lifers falling within this category without the involvement of the NCCS.
Minister Mapisa-Nqakula has duly considered the placement on parole of the first group of 95 lifers presented to her.
The Minister will announce her decision on the sidelines of the two day Correctional Services Stakeholders' Summit currently underway at Gallagher Estates in Midrand tomorrow (8 April 2011).
Members of the media are invited to a briefing to be led by Minister Mapisa-Nqakula and Correctional Services National Commissioner Tom Moyane.
Date: 8 April 2011
Time: 12h30 for 13h00 until 13h30
Venue: Gallagher Estates, Midrand
Enquiries:
Sonwabo Mbananga - Ministry Spokesperson
Tel: 082 045 3963
