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[2013] ZAGPPHC 205
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Gwebu v Minister of Correctional Services and Others (15058/13) [2013] ZAGPPHC 205; 2014 (1) SACR 191 (GNP) (26 June 2013)
NOT
REPORTABLE
IN THE NORTH GAUTENG HIGH COURT,
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE
NO: 15058/13
DATE:27/06/2013
In
the matter between:
KAIZER
SOLOMON GWEBU
….......................................................................
APPLICANT
And
THE
MINISTER OF CORRECTIONAL
SERVICES.
..................................
1st
Respondent
THE
NATIONAL COMMISIONER
DEPARTMENT
OF CORRECTIONAL SERVICES
..................................
2nd
Respondent
THE
PROVINCIAL COMMISSIONER OF CORRECTIONAL SERVICES
LIMPOPO
MPUMALAMGA NORTH WEST (LMN)
...................................
3rd
Respondent
THE
CHAIRMAN OF THE CASE MANAGEMENT
COMMITTEE,
BARBERTON MEDIUM PRISON
…...................................
4
th
Respondent
THE
CHAIRPERSON OF THE PAROLE
BOARD,
BARBERTON MEDIUM
PRISON
................................................
5
th
Respondent
THE
HEAD OF PRISON,BARBERTON
MEDIUM
PRISON
…...................................................................................
6th
Respondent
Coram:
Ebersohn AJ
Date:
25 June 2013
Handed
down 26 June 2013
JUDGMENT
Ebersohn
AJ
[1]
This is a further matter that reached this court, like so many before
it, wherein it is contended that a Parole Board failed
in its duty.
[2]
The applicant is one Kaiser Solomon Gwebu currently a prisoner in the
Baberton Meduim Prison with prisoner number 202076130.
[3]
He qualified to be released on parole.
[4]
On 7 February 2013 the matter came before Makgoba J who referred the
matter back to the Parole Board to finalise the parole
hearing of the
applicant.
[5]
The Parole Board duly interviewed the applicant on the 22nd February
2013. Then the Parole Board apparently relied on the so-called
“restorative justice” aspect to delay the matter. This
so-called “restorative justice” concept is a fabrication
of a process whereby it is required from a prisoner to make peace
with the family of the victim, in this case people outside the
borders of our country. The whole process is an illegal concoction
undermining the rights of prisoners to be released on parole
when
they legally qualify for it.
[6]
The matter came before Prinsloo J on the 16th April 2013 and he
ordered the Parole Board to complete the parole process before
24 May
2013 and to report back to this court what they have done on the 7th
June 2013. This order was ignored by the respondents.
[7]
On the 10th of June 2013 the matter came before Hughes AJ but was
removed from the Roll by notice apparently to give the Parole
Board
an opportunity to assess the applicant which the Parole Board,
however, did not do.
[8]
The matters was then enrolled for hearing before me today. I was
informed by counsel for the respondents that the Parole Board
planned
to see the applicant on Friday the 28th June 2013. No reason why the
order of Prinsloo J was not complied with could given
by him and he
stated that he was only briefed at a late stage.
[10]
An order was accordingly made ordering the Parole Board to place the
applicant on parole within 30 calendar days from the 25th
June 2013
subject, however, to the terms and conditions approved by the
Correctional Supervision Parole and Release Board, with
punitive
costs.
P
Z EBERSOHN
JUP6e
OF THE NORTH GAUTENG HIGH COURT
Heard
on: 25 June 2013
For
the : Adv H.P. Joubert
Instructed
by: Julian Knight & Associates Inc.
For
the : not recorded
Instructed
by: State Attorney