The Department of Correctional Services have admitted errors have crept in when offenders were released only to commit crimes again, and is encouraging victim input to help with the process.
In recent years and months, court cases involving convicted killers who were granted parole have shed light on the system.
These cases include the likes of Steven Fortune, who was sentenced to three life terms for the rape and murder of Michaela Williams, 12 of Pelikan Park.
Fortune was out on parole in 2017 after he had been arrested and sentenced in 2005 for the rape and attempted murder of an eight-year-old child in Mitchells Plain.
During the mitigation and aggravation of Fortune’s sentencing this year, it emerged that there had been little or no observation of him, after he was released and he admitted he had raped close to 10 girls following his parole.
Another is the case of student, Uyinene Mrwetyana, 19, who had been killed by post office worker, Luyanda Botha.
Botha received three life terms for the murder.
In just three months, the National Prosecuting Authority’s Rodney de Kock finalised the case.
Botha raped and killed Uyinene inside Clareinch Post Office in 2019 and it was later revealed that he had been convicted for robbery and given an eight-year sentence.
He will not be eligible for parole until he has served at least 25 years.
Singabakho Nxumalo, national spokesperson for the Department of Correctional Services, said there was a difference in prisoners sentenced before 2004 and after and that parole was a privilege and not a right.
The Judicial Inspectorate for Correctional Services (JICS) said they had no jurisdiction in deciding whether someone is granted parole and only facilitated documentation and to see if the offender had met the requirements.
While Nxumalo said the parole system has been somewhat changed over the years and that many did not understand the process and requirements.
He added that there had been “failures” where offenders were released to commit the same crimes again.
“The Department of Correctional Services is mandated by law to manage, and maintain, a system of parole applicable to sentenced offenders,” he said.
“It is critical to note that South Africa has positioned the parole system as a structured transition period to assist offenders integrate back into society, with the hope that they are fully rehabilitated and with anticipation that they will not re-offend and find themselves back behind bars.
“Hence, parole is not a right, but a privilege subject to specific conditions which an offender must comply with.
“It has to be noted that parole does not reduce the sentence.
“An offender cannot be released on parole until they have served the minimum sentence set by the court.
“The Correctional Supervision and Parole Board decides when an offender is to be released and clearly specifies the conditions.
“It is indeed true that we have suffered some failure which at times compromised the parole system where some offenders will re-offend within months following their parole placements.
“It is for this reason that the Department re-engineered the parole system, with an aim to close some of the gaps and give an opportunity to the victims of crime to participate.”
He said parole before 2004 and after were different. “In a nutshell, inmates sentenced to life incarceration as of 1 October 2004 may not be placed on day parole or parole until he or she has served at least 25 years of the sentence.
“Whereas, inmates sentenced to life imprisonment before 1 October 2004, fall under section 136(3) (a) of the Act, where they are entitled to be considered for day parole and parole after serving at least 20 years.
“However, this section allows for amnesties and credits to be taken into consideration when calculating the years to be served by a lifer before parole consideration.
“This says that it is 20 years imprisonment minus 6 years 8 months credits and 12 months amnesty of 2005 and 2012. As a result, inmates under this category are eligible to be considered for parole placement after serving 12 years and four months,” he said.
“Parole forms part of the total rehabilitation programme in correcting offending behaviour. It is regarded as an aid to the social reintegration of the offender, and a mechanism to manage the risk the offender may pose to the community. It is thus important that prior to an offender being considered for parole, he/she must participate in programmes aimed at preparing them for a crime-free life beyond incarceration. Such programmes must include Restorative Justice which aims at encouraging an offender to acknowledge and take responsibility for their actions, to realise the harm they have caused their victims and their communities, and also provides them with an opportunity to apologise for their wrongdoings.”
He added victims were now part of the process and that this involved their input. “Victims may also participate during consideration of parole, by registering their interest.
“The victim will be notified of the date, time and place of the session where the perpetrator will be considered, approximately 30 days in advance. If placement is approved, the victim is informed of the date on which the perpetrator will be placed out, the conditions of placement, the contact details of the Head: Community Corrections that will monitor the perpetrator as well as the procedures to be followed by a victim if he/she becomes aware of violation of conditions by the offender.”
“Through the Victim-Offender Dialogue (VOD) programme, DCS aims to strengthen current rehabilitation, and re-integration, programmes. The trilogy of victim, offender and community is critical.”
He said offenders were closely watched and monitored by the Community Corrections Branch to ensure that they complied with their conditions and if they failed, they could face warning or incarceration.
Emerentia Cupido, JICS spokesperson, said they were only part of the facilitation when offenders applied and did not have jurisdiction with the decision-making and were sad when offenders were re-offenders after being granted parole. “JICS does not have any jurisdiction over the parole process, as this process is dealt with by the Parole Board as a separate entity and DCS.
“When JICS receives a complaint from an inmate about parole, JICS facilitates an enquiry to find out if the inmate meets all the requirements for parole and has all the documentation necessary before the date of the parole hearing.
“JICS however has no influence over the decision, and does not set a date for the hearing. JICS, as per the Correctional Services Act, is mandated to only deal with complaints of inmates that are incarcerated.
“If an inmate is on parole, therefore no longer incarcerated, JICS has no jurisdiction there.
“JICS has Independent Correctional Centre Visitors stationed at correctional centres across the country who deal with inmate complaints, in particular the rights of inmates, the conditions of the correctional centres etc, and therefore once the inmate is released, there is no further mandate as per the Correctional Services Act.
“We are always saddened when an inmate is released and then commits crimes whilst on parole.
“We however, cannot provide you with information on any conditions pertaining to an inmate’s release as that lies with DCS and the Parole Board.
Candice van der Rheede, the founder and head of the Western Cape Missing Persons Unit, who had been part of the search for Williams, said protocols had not been followed during the parole of Fortune and called for the death penalty to be reinstated.
“I am sick to the core of criminals getting parole and being allowed out into communities,” she said.
“One must have a real twisted mind to have a sexual appetite for children and I really don’t think there is any rehabilitation in the world to fix that kind of mind.
“Clearly protocols were not followed in the case of Steven Fortune, if they were, Michaela would’ve still been alive. Once these criminals come out and kill or rape again who then are the real rapists or murderers?
“Is it the criminals themselves or the officials allowing them to walk amongst the innocent like wolves amongst sheep?
“Prison sentences are not enough for such heartless behaviour. Where is the justice in Steven Fortune living and eating for free. Bring back the death penalty. Criminals aren’t afraid of going to prison.”