The briefing saw the delivery of a legal opinion, which examined the Minister of Correctional Services’ decision to revoke the parole of two life-sentenced offenders, Theunis Kruger and Frans Adriaan du Toit. The request for this opinion arose from the Committee’s constitutional duty to oversee executive actions and ensure government accountability. Given the sensitivity of parole decisions, particularly in cases involving violent crimes, this opinion sought to clarify the legal framework governing parole, the extent of the Minister’s powers, and the Committee’s role in relation to these decisions.

The Correctional Services Act of 1998 grants the Minister the authority to make final decisions regarding the parole of offenders serving life sentences, with parole boards providing recommendations. The Act also allows the Minister to revoke parole under certain conditions, with a mandatory review of the decision within two years. The opinion highlights the constitutional provisions outlining Parliament’s oversight function, particularly Sections 42 and 55, which mandate the National Assembly to scrutinise executive actions. However, while the Committee has the authority to oversee parole procedures, it does not possess judicial power to review or overturn the Minister’s decisions, which remains the jurisdiction of the courts.

The legal analysis dove into South Africa’s criminal justice philosophy regarding parole, emphasising its rehabilitative purpose. Case law, including Walus v Minister of Justice and Correctional Services, is referenced to illustrate the legal principles guiding parole decisions. In that case, the Constitutional Court found that parole cannot be denied based solely on the severity of the original crime, as this would undermine the rehabilitative aspect of the justice system. Additionally, the Mazingane case reinforced the principle that parole serves as a necessary mechanism to prevent life imprisonment from becoming unconstitutional.

In the present matter, the Minister’s decision to revoke parole was based on the absence of victim participation in the hearing process and concerns raised in psychological reports regarding the parolees’ risk to society. This distinguishes the case from Walus, where the court deemed the Minister’s refusal of parole irrational for relying on unchanging factors rather than assessing rehabilitation.

While the Committee cannot interfere with the Minister’s discretionary powers, it may exercise its oversight function by requesting a briefing on parole policies and considering potential legislative amendments. The legal opinion ultimately concluded that the Minister acted within his legal authority and any challenge to the decision must be pursued through judicial review.

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The Minister provided details on the number of life sentence prisoners who were released on parole in the past few financial years. In the 2022/23 financial year, 362 offenders were released, while in the 2023/24 financial year, the number increased to 703 offenders. For the 2024/25 financial year, 24 offenders were released in the second quarter, and 7 offenders in the third quarter. This shows a noticeable drop in recent months, indicating a tightening of parole decisions.

The Minister further addressed the number of life sentence parolees whose parole was subsequently cancelled. In the 2022/23 financial year, 17 parolees had their parole cancelled, while in the 2023/24 financial year, this number increased to 19 cancellations. In the 2024/25 financial year, 6 parolees had their parole cancelled in the second quarter, and 12 in the third quarter. These cancellations demonstrate that parole decisions are continuously monitored and adjusted based on evolving concerns.

The reasons behind the cancellation of parole for two high-profile offenders, Mr. Frans du Toit and Mr. Theuns Kruger, were also discussed. Both offenders had been granted parole in 2023 but later had their parole revoked. The cancellation was due to several factors, including the failure to fully consider the judge’s sentencing remarks, which indicated life sentences without the option of parole. Psychological evaluations of the offenders revealed concerns that they might pose a risk to community safety. Additionally, the victims or complainants were not involved in the parole hearings, as required by the Correctional Services Act, which mandates their participation in the process. Both victims brought motions in the high court to challenge the parole decisions. The Minister clarified that there was no public pressure to cancel the parole, affirming that the decision to revoke parole is entirely within the Minister’s authority under the Correctional Services Act.

Currently, there are 13 parolees under consideration for the cancellation of their parole. These cases are being carefully reviewed to ensure that any parole decisions made align with the principles of justice and community safety.

The Minister also highlighted his intention to revise the parole system, which was first introduced in 2004 and is based on a model developed in 1997. He noted that the system is now more than 20 years old and in need of review. In his 2024 budget vote speech, the Minister emphasized that the review process should be expedited to create a parole system that is better suited to the needs of South Africa’s society.

To support this review, the Department of Correctional Services is conducting a baseline study of the current parole system. The findings from this study will guide the necessary changes and improvements to the system, with particular focus on offenders serving life sentences, those with determinate sentences, and those under community corrections. The goal is to create a more effective, credible, and future-proof parole system that can better serve the needs of the country for years to come.

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During the parole consideration process, offenders must provide a proposed residential address, which is verified by Reintegration officials. An interview is conducted with the identified caregiver to confirm their willingness to offer support and fulfill their responsibilities. If the caregiver consents, they sign an address confirmation document, which is then submitted for approval. If the caregiver declines, the address is deemed unsuitable, and alternative arrangements are made. Officials also take the location of the victim into account to avoid potential confrontations.

Offenders are assessed upon admission to determine their risks and needs, including any gang affiliations or past involvement in gang-related crimes. Throughout their incarceration, DCS monitors their participation in gang management programs and evaluates their behavior to inform parole decisions and determine the necessary support systems upon release.

A South African Police Service (SAPS) official participates in each Correctional Supervision Parole Board (CSPB) meeting to provide community risk assessments and victim impact statements. Additionally, the Station Commander of the parolee’s residential area is informed of their release date and address. For serious crimes,such as murder, rape, and terrorism, SAPS reports are mandatory under Section 75(1b) of the Correctional Services Act.

Weekly meetings are held between DCS, SAPS, and the Anti-Gang Unit (AGU) to discuss parole placements and associated risks, aiding in monitoring efforts. The National Prosecuting Authority (NPA) is also consulted during magisterial-level case flow management meetings and Provincial Joint meetings (PROVJOINTS) at the provincial level.

These collaborative efforts between DCS, SAPS, AGU, and the NPA are designed to manage the placement and monitoring of gang-related parolees effectively, reducing the risk of violence and enhancing public safety in the City of Cape Town Metropolitan Municipality.

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