Life sentence inmates' parole probed
Pretoria - All inmates sentenced to life imprisonment before October 1 2004 will be subject to an audit, which will focus on the possibility of granting parole, the department of correctional services said on Tuesday. "A circular will be sent out to direct all regions to prioritise (considering granting parole to) inmates given life sentences before October 1 2004, based on the policies and provisions applicable on the date of sentencing," ministerial spokesperson Sonwabo Mbananga said in a statement.
This follows a September Constitutional Court ruling against the department, that the minimum detention period for inmates sentenced to life before the date above is no longer a blanket 20 year period.
The court held that, in order for the provisions of the Correctional Services Act of 1998 to be constitutional, it must be interpreted as follows: inmates sentenced to life before October 1 2004 must be considered for placement on parole.
Timing is everything
This must be done in accordance with the legislative provisions and policies applicable on the date of sentencing.
"The court arrived at this interpretation based on the fact that sentenced offenders should benefit from the least severe prescribed punishment applicable at the time of sentencing," said Mbananga.
However, this does not mean all inmates sentenced to life in prison before the above-mentioned date have the right to be placed on parole, he said.
"The only thing this judgment intends to facilitate is that inmates sentenced to life at different times, when different legislative and policy provisions applied, have the right to be considered for placement on parole after serving the minimum period applicable to their particular circumstances."
Policy periods
The Constitutional Court identified three distinct, relevant policy periods.
*Inmates sentenced to life between August 1 1987 and March 1 1994 now qualify for consideration for placement on parole after serving at least 10 years" of their sentences, but it's only in exceptional cases that an inmate is placed on parole before having served 15 years.
*Those sentenced to life between March 1 1994 and April 3 1995 - they qualify for consideration for placement on parole after having served at least 20 years.
*As for inmates sentenced to life between April 3 1995 and October 1 2004 - these inmates qualify for consideration for placement on parole after having served at least 20 years, provided that this could happen sooner in exceptional cases.
Mbonanga said the department was gearing up for the implementation of the decision.
- SAPA
