N Balfour on alleged violation of parole by T Yengeni

Statement to the National Assembly on alleged violation of
paroles rules and interim measures pending outcome of investigation

16 November 2006

Honourable Madame Deputy Speaker
Honourable Members

As I said during Ministerial responses on Tuesday that about 80-90 offenders
in the past week benefited from the implementation of Section 44 of the
Correctional Services Act and Departmental regulations (Chapter V (3) (f)(iv)
(dd) to (ee). These offenders, whose dates for placement under correctional
supervision have been determined by the independent Correctional Supervision
and Parole Boards.

Madam Deputy Speaker

In terms of this legislation and regulations a qualifying offender gets
released at 11:00 on a Friday under conditions determined by the Area
Commissioner as an operational matter and returns to a centre at 15:00 on a
Sunday. These concessions are implemented only twice during the last six months
of an offender incarcerated with a minimum of three months in-between the two
weekend passes. So, any offender that benefited a weekend pass this week will
not benefit for at least three months. Generally, hundreds of offenders benefit
from these concessions each year.

Given that offender Tony Yengeni has served one-sixth of his sentence and
therefore qualifies for placement under Correctional Supervision after 13
January 2007 in line with Section 276 (1) of the Criminal Procedure Act, there
will be no other weekend pass for him.

He has already appeared before the Correctional Supervision and Parole Board
on 20 October 2006 which confirmed the recommendations of the Case Management
Committee for correctional supervision.

I have taken serious note of the allegations of the violation of the weekend
parole conditions by offender Tony Yengeni and subsequently Madam Deputy
Speaker and Honourable Members wish to announce in this House that in view of
the allegations that offender Tony Yengeni violated his parole conditions
during the past weekend parole, we have as the department instituted the
following interim measures:

* that, pending the investigation of these allegations, Mr Yengeni will
forfeit all privileges related to visitations by his spouse, children and close
associates for a period of two weeks, whilst the investigation continues

* that, he will also forfeit the privilege of using the telephone to
communicate with family, friends and colleagues, for the same duration as
stated / alluded to above

Honourable Members it should be noted that this is not a punitive measure
but conditions that will ensure the investigation is not hindered. After the
finalization of the investigation, the recommendations made from the probe will
be considered and appropriate steps and/or action will be implemented.

The Department deplores and condemns breach of parole conditions by any
offender and will ensure that parole conditions are respected and observed all
the time by every offender and their families. There is one policy regarding
the conduct and treatment of all offenders and this has to be enforced and
respected all the time. These are measures that this ANC government has put in
place as a way of moving away from a punitive system to this new rehabilitative
and corrective system.

I therefore appeal once again to Members of this House and the public at
large, to respect these remedial and interim measures. We shall not tolerate
any deviation from or breach of these conditions at any given stage.

Let us therefore allow the due processes to be followed with regard to this
matter and let Mr Yengeni serve the last months of his sentence without any
more public pressure exerted on him or any of my officials.

I am appealing to relatives and family members of offenders, as well as
close friends and associates to assist offenders inside and outside of our
facilities to adhere to all the regulations stipulated by the Department of
Correctional Services.

Madam Deputy Speaker, I thank you for the opportunity.

Issued by: Department of Correctional services
16 November 2006

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