Parole in South Africa’s Criminal Justice System

09 Dec Parole in South Africa’s Criminal Justice System

In the event where an individual has been sentenced to prison, what follows is whether a prisoner finishes his/her sentence in the prison facility or outside prison facility via parole. If the offender violates their parole while they are out of the correctional facility, they are then placed back in the prison facility. The release of offenders on parole is governed by Correctional Services Act 111 of 1998 (hereinafter referred to as the “Act“). The aim of this article is to explain parole, who qualifies for it, and the legislation that governs parole. A further discussion will be on medical parole.

What is parole?

Parole can be defined as the temporary or permanent release of a prisoner before the expiry of their sentence. It is important to note that parole is an essential part of a sentence because it serves as a continuation of a sentence outside of the correctional facility. This means that a person who is on parole is still serving his/her sentence.

Who qualifies for parole?

In Motsemme v Minister of Correctional Services 2006(2) SACR 277 (W) the court held that although no offender has a right to be paroled, parole is an integral part of the penal system. It was further held that where an offender has demonstrated by their conduct that they have been rehabilitated and are not a danger to society, there is no reason why they should not benefit from the parole system . This simply means that prisoners do not have the right to parole rather they are entitled to get a privilege of parole provided that they have a good behaviour track record.

What does the Correctional Services Act say?

Section 73(1) of the Act clearly stipulates that a prison sentence must be served in full, there are circumstances where strict applications of this provision may be waived. This is the circumstance where an offender is released on parole in terms of the relevant provisions of the Act.

Medical Parole

Section 79 of the Act provides for parole on medical grounds to any person serving any sentence in a prison and who, based on the written evidence of the medical practitioner treating that person, is being diagnosed as being in the final phase of any terminal disease or condition may be considered for placement under correctional supervision or on parole, to die a consolatory death. Section 75(7)(a) affords the National Commissioner to grant medical parole to a sentenced offender serving a sentence of less than 24 months.

Conclusion

In conclusion, being granted parole means you will continue serving your sentence, but outside correctional services facility under certain conditions. Failing to adhere to parole conditions will result in the sentenced offender having their parole being revoked and them being sent back to prison to continue their sentence there.