A critical look at the past and current release policy of the Department of Correctional Services

• Jurisdiction: South Africa
• Published date: 03 September 2019
• Pages: 163-177
• Date: 03 September 2019
• Citation: (2003) 16 SACJ 163
• Author: G J Lidovho

A critical look at the past and current

release policy of the Department of

Correctional Services

G J LIDOVHO*

ABSTRACT

The purpose of this article is to make a critical assessment of the salient features of the

past and current release policies of the Department of Correctional Services. The

assessment is made in the light of various purposes underpinning those policies.

The past policy was characterized by the application of standard remission of

sentences. The current policy, on the other hand, is based on the system of awarding

of credits. The connection of these policies to the parole system creates complexities

and uncertainties which tend to defeat the purposes of release policies. The article

will also deal with the interpretation and application by the courts of the laws

pertaining to these issues.

Introduction

The Correctional Services Act,

1

contains the current release policy. It also

consolidated and amended various laws relating to the release policy of the

Department of Correctional Services (Department). For our purposes, the pri-

mary laws affected are the standard remission of sentence and the awarding

of credits. The standard remission of sentence constitutes the past release

policy whereas the credit system characterises the current release policy. The

year 1994 forms a watershed for the application of these two release policy

regimes. On the 19 November 1998, parliament assented to a new release

policy.

2

The new policy does not form part of this article, save only to say

that it has the effect of rendering the Parole and Correctional Supervision

Amendment Act,

3

redundant. The new policy will also have the effect of

repealing in toto,

4

the current release policy.

5

* B Iuris (North), LLB (Venda), LLM (UNISA).

1

Correctional Services Act 8 of 1959.

2

As contained in the Correctional Services Act 111 of 1998.

3

Parole and Correctional Supervision Amendment Act 87 of 1997.

4

Although the Correctional Services Act 111 of 1998 will come into operation on a date to be

fixed by the President, it has come into operation only in respect of the repeal of certain

sections of the current Correctional Services Act 8 of 1959. The sections repealed are

administrative in nature and have little relevance to this article. See also

S v Leholoane

2001 (2)

SACR 297

CO.

5

See schedule to the Correctional Services Act 1998.

163

(2003) 16 SACJ 163

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