BRIEFING NOTES
PAROLE SYSTEM OF SOUTH AFRICA
1. Placement (not release) of offenders on Parole – whether Day/weekend Parole,
medical parole or parole is an integral part of administration of prison /
correctional systems across the world.
2. It is aimed at gearing offenders for successful social re-integration before they
finish their sentences. The environments of incarceration and freedom are
graphically different and therefore to address unavoidable shocks from both
individuals and receptive families / communities, parole placements helps
manage these shocks downwards and also help reduce chances of re-offending.
3. Granting of Parole is the responsibility of the Executive arms of government that
must be exercised having taken into account public safety. Categories include:
a. Day / Weekend Parole
b. Parole
c. Medical Parole
4. Placement on Parole is not the release, but a conditional release of an offender
to continue serving his/her sentence under community / correctional supervision
until the expiry of the sentence as metered our by the Court. Conditions set may
vary from a stringent house arrest to just reporting to the police periodically. The
greater the danger to society to more stringent parole conditions,
5. Correctional Services Act emphasizes the participation of communities in the
administration of Parole and created autonomous Correctional Supervision and
Parole Boards (CSPB) that must be led by members of the community being
served. The Current 52 CSPB, led by eminent persons from communities as
Chairpersons and Deputy Chairpersons. They were appointed on a five year
contract term that expired in June 2010 and has provisionally been extended to
allow the finalisation of the recruitment process.
6. Despite a series of challenges, the Parole system has made significant
achievements over the past few years which include:
a. Consideration of unprecedented high numbers of applications of over 57
000 and granting parole to 24900 offenders in 2009. Actually on average
over the last three years 23000 offenders were granted parole. This on
average means that each one of the 52 Parole Boards considers and
finalises 21 parole applications per week, a good record indeed.
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b. This week Correctional Services Minister Nosiviwe Mapisa-Nqakula
officially opened 19 new parole board offices built to facilitate great
societal participation in the administration of parole. The offices are a
critical step towards creating a conducive environment for victim and
community participation. Of the 52 CSPB the Department of Correctional
Services has completed 47 offices at a cost of over R103 million and is
busy currently with the construction of six (6) more CSPB offices that are
projected to cost R23 million.
c. In 2009 alone an unprecedented placement of 110 offenders on medical
parole was achieved, representing an 80% improvement on the 2008
record of 61 medical parole placement of offenders. Over the past five
years approved medical paroles never exceeded 70 parolees.
d. To address the continuously controversial medical parole, Minister
Mapisa-Nqakula order a review of Medical Parole Policy last year by the
National Council on Correctional Services led by Judge Desai, which
finalised the review in January 2010. Following a round table discussion
with key stakeholders it became critical that legislative amendments be
effected to enable the execution of the new policy. The key matter
addressed by the review is the current criteria for determination of
suitability for medical parole. In terms of Section 79 of Correctional
Services Act (CSA) only those offenders confirmed by a medical
practitioner as being in the “final phase of any terminal” illness were
considered. Based on this provision 69 / 64 / 61 / 110 medical parolees
were placed in 2006 / 2007 / 2008 / 2009 respectively. These figures
represent less than 10% per annum of those that actually die (891) inside
Correctional Centres because of natural causes. This is the challenge
that necessitated the broadening of the scope and definition of the criteria
for qualifying offenders. A draft Correctional Matters Amendment Bill is
before Cabinet for consideration and approval before submission to
Parliament for normal legislative processes which may include public
hearings.
7. Other challenges and solutions:
a. Levels of victim participation remain absolutely dismal, registering only 2%
as of 2009/10 financial year. This increases or compounds the difficult of
social acceptance of parolees by families, victims and communities, which
results in higher levels of re-offending as well. The Minister has given a
directive to intensify an awareness campaign and mobilisation of families,
victims and communities as key role players to effectively participate in the
administration of Parole. Procedures have been approved for facilitating
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victim participation, and a brochure to be printed in various languages has
been done to support the awareness campaign (see example attached –
Q&A with Contact details).
b. The Department is experiencing a series of litigation cases by offenders
claiming they should have been granted parole, some citing the fact that
they became eligible for consideration by Parole Boards after finishing 1/3
(one-third) of their sentences as they were sentenced before the new act
came into operation. In terms of the new Act the first half of the sentence
is a non-parole period, meaning they can only be considered after
completing half of their sentences. Given the complexities of
administering the parole system in terms of the old Correctional Services
Act and the 1998 CSA, the Minister appointed a Task Team to audit all
Correctional Centres with emphasis on among others assessing those that
should have qualified for placement on parole, those suffering from mental
illness and therefore should have been treated as President’s patients.
Other issues under the Task Team’s spotlight are the reclassification of
offenders, application of the bail protocol, conversion of custodial
sentences into correctional supervision and matters of vulnerable groups
like women and children. The Task Team has completed auditing a
number of regions.
c. Parole violations or absconding of those placed on parole remains a
serious challenge. Although in 2009 we registered the lowest number of
violations since the year 2000 (a reduction of 9.5% compared to the
previous year), the fact that over 9000 offenders placed on parole still
violate the conditions remains unacceptably high. A strategy to prevent
and manage parole violations and absconding is in place and its execution
will be intensified.
8. Definitely major improvements will be registered during this forth term of
government because the Parole Summit helped to distil a numbers of stumbling
blocks to effective and efficient functioning of the parole system. There is an
action plan to address those issues going forward. But all these can only
succeed if every family and community helps by putting their shoulder behind the
wheel of transforming Correctional Services into a people’s correctional system.
As an intended objective of the Correctional Week 2010 campaign – we
strongly believe that TOGETHER WE CAN DO MORE TO BREAK THE CYCLE
OF CRIME for all people in South Africa to be and feel safe.
9. If communities need more information – contact details are given in the attached
brochure and can be shared with them. Or visit our website – www.dcs.gov.za
END
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__________________________________________________________________________
Contents of an awareness brochure to promote
victim empowerment and participation
Did you know that if you are a complainant or victim of a crime, you have the right to be
involved in the Parole Board meeting when the possible release of an offender is
considered?
The Department of Correctional Services is as much part of Government as it is part of society
in South Africa and is not distanced from the impact of crime. We care for complainants/ victims
of crime and have been in the forefront of recognising the needs of complainants.
In line with international trends to give more recognition to victims and in support of the Victim
Empowerment Strategy of Government, the Department of Correctional Services has developed
procedures to facilitate and promote the involvement of complainants in Parole Board meetings
when the release of offenders is considered.
In order to facilitate the involvement of complainants/ victims in Parole Board meetings,
provision has been made in both Section 75 (4) of the Correctional Services Act, 1998 (Act 111
of 1998) as amended, as well as Section 299Aof the Criminal Procedure Act, 1977 (Act 51 of
1977) to regulate matters in this regard.
In terms of the latter, the Commissioner of Correctional Services issued directives regarding the
manner and circumstances in which a complainant/ victim may exercise their rights in this
regard. In addition, the Department of Justice published the Minimum Standards on Services for
Victims of Crime as well as the Service Charter for Victims of Crime in South Africa, which also
deals with the rights of victims.
What is the difference between a complainant and a victim?
The Criminal Procedure Act and the Correctional Services Act refer to a complainant whilst the
Minimum Standards on Services for Victims of Crime and the Service Charter for Victims of
Crime in South Africa refers to a victim.
There is no difference between these terms but in some circles the term "victim" is considered
to be stigmatising those affected by crime. Some prefer the term "survivors of crime" but in the
end it comes down to the definition as contained in the Victim Charter. The terms "complainant"
and "victim" are therefore used interchangeable. Pertaining to their involvement in Parole Board
meetings, the rights conferred to either a complainant or victim are also applicable to the relative
of a deceased victim.
What rights do a complainant/ victim have in becoming involved in a Parole Board
meeting?
A complainant may either attend a Parole Board meeting when the offender's possible
placement on parole or under correctional supervision is considered or may request a Parole
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Board to consider a written representation. The Board may allow tape recordings and other
formats of representation.
A complainant may request to be informed of the developmental programmes the offender has
undergone and/or is undergoing to improve his/her behaviour. Such a request may only be
adhered to if the offender has given written consent to this effect.
How can a complainant/ victim request to be involved in a Parole Board meeting?
Complainants must inform the relevant Parole Board in writing if they want to be involved in a
Parole Board meeting. The complainant's request will be recorded and he/she will be informed
about the process and any decision by the Parole Board to release the offender.
The complainant will also be informed if the offender escapes, dies, is transferred or if parole
has been revoked after release.
What information must a complainant provide to the relevant Parole Board?
A complainant has to provide the following information in writing to the relevant Parole Board:
 the name of the offender
 the offence committed
 the case number, the date and the name of the court
 where the offender was convicted
 the full names and ID number of the complainant
 the postal address of the complainant.
An example of such a notification can be obtained from any Parole Board or can be found on
the DCS website.
Complainants have to inform the relevant Parole Board if their address has changed.
Will the contact details of the complainant/victim be kept confidential?
The Department will take all possible steps to ensure that the contact details of the complainant
are kept confidential and that it will not be divulged to the offender.
Will the complainant have to face the offender during the Parole Board meeting?
In the normal course of events and in order to adhere to the audi alterem partem principle (to
hear the other person's viewpoint), the offender will be present when the complainant's
representation is made. However, should the complainant deliver a personal representation
during the Parole Board meeting, the Chairperson will take all necessary steps to ensure that
the complainant is protected from the offender and that no victimisation takes place during the
meeting.
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In certain circumstances, such as where children or vulnerable complainants are involved,
arrangements will be made to deliver the representation without having to face the offender. If
complainants have any concerns in this regard they should discuss the matter with the Parole
Board who will address their needs, fears and concerns.
May the complainant be accompanied to the Parole Board meeting?
Yes, complainants may be accompanied by any person of their choice to provide moral support.
The Parole Board must however be informed of the identity of this person in order to make
arrangements with the security personnel to facilitate access to the correctional centre.
What influence will the representation have on the decision of the Parole Board?
When the possible release of an offender on parole is being considered, a great number of
factors are taken into account, which inter alia includes the offender's response to development
and treatment programmes associated with rehabilitation, the existence and quality of support
systems in the community, the probability of re-offending, the risk such an offender may pose to
the community at large as well as the risk to the complainant. The balance of all these factors
will direct the Parole Board to take a decision and it is therefore important that complainants
become involved in the process.
The representation of a complainant can play an important role in determining parole conditions,
should the offender be placed on parole or under correctional supervision.
However, a victim does not participate in the decision-making of the Parole Board.
If it becomes evident during the Parole Board meeting that no reconciliation between victim and
offender took place, the Parole Board will consider delaying a decision on the release of the
offender with a view to possible mediation.
What if a complainant is interested in becoming involved in a mediation programme with
the offender?
Successful mediation between an offender and a complainant will enhance the reintegration of
an offender back into the community. Mediation is also an important part of the healing process
for complainants. Any attempt from a complainant to enter into mediation will therefore be
welcomed.
A complainant who wishes to become involved in mediation with the offender should write a
letter in this regard to the Head of the relevant Correctional Centre where the offender is in
custody. The Head of the Correctional Centre will facilitate the process through the involvement
of a social worker or trained mediator. The Chairperson of the Parole Board might also be able
to assist you with initiating such a process.
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Will the complainant know what the decision of the Parole Board was?
Those victims, who have made representations or who have requested that they be informed
about parole decisions, will be informed in writing of the decision of the Parole Board. Those
who are present during the Parole Board meeting will be informed verbally of the decision
during the meeting.
What if the complainant is not satisfied with the decision of the Parole Board?
Although the Act makes provision that a decision of the Parole Board is final, the legislator
deemed it necessary to make provision for a Correctional Supervision and Parole Review Board
(Review Board) with the power to review decisions of any Parole Board. The Review Board acts
as the mechanism whereby the Minister and the Commissioner can ensure that the Parole
Boards do not abuse their powers.
Should you be of the opinion that the Parole Board made an error in its decision, you may write
a letter to the Commissioner or relevant Area Commissioner providing the grounds on which
you base your opinion. Your representation will be considered together with all relevant facts
and you will then be informed of the outcome thereof.
How does a complainant contact a Parole Board?
A complainant can contact the Parole Board at the Correctional Centre nearest to the court
where the offender was sentenced. Contact particulars can also be obtained from any other
correctional facility, including Community Corrections offices or in the local telephone directory.
Address information is also available on the website of the Department of Correctional Services
at www.dcs.gov.za .
Alternatively, the Department of Correctional Services can be contacted at any of the following
numbers for more information:
Gauteng
012 420 0100
Limpopo/ Mpumalanga/ North West 012 323 4818
Free State/ Northern Cape
051 404 0200
Eastern Cape
043 706 7802
KwaZulu/Natal
033 355 7300
Western Cape
021 550 6003
National Head Office
Private BagX136
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Pretoria
0001
Republic of South Africa
E-mail: communications@dcs.gov.za
Tel: +27(012) 307 2278
Fax: +27(012) 323 4942
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