Early release of prisoners undermines judiciary

Steve Swart, MP


Following the announcement by Correctional Services Minister Ngconde Balfour to declare amnesty for hundreds of prisoners in jail for “petty” offences, the ACDP would like to point out that this is not a viable solution.

The ACDP calls for a clear definition of what the Minister deems “petty” crimes. Most “petty” crime offenders are not imprisoned without having prior convictions. <p>
The ACDP appreciates that this strategy is intended to alleviate the problem of overcrowded prisons and that “dangerous” prisoners will not be released.

It must be pointed out that this step undermines the integrity of sentences passed by Magistrates and Judges. Furthermore, to do this, could be unconstitutional, amounting to a breach of the separation of powers between the Judiciary and the Executive.

One must bear in mind that the Ministers’ amnesty plan is proposed in addition to the already existing provisions relating to prisoners qualifying for parole after serving a portion of their sentences.

The Minister should rather apply the provisions contained in Section 63A of the Criminal Procedure Act which allows a Magistrate to review the bail set (only for certain categories of prisoners) where conditions in overcrowded prisons reach such a level that the health of prisoners and wardens is at risk. This has already significantly contributed to the decline in awaiting trial prisoners in custody, who do not present a danger to society, and are kept in custody at a huge cost to the state.

The ACDP would like to know exactly how Minister Balfour intends to take victims’ families into account prior the release of a prisoner. Furthermore, we would like to know what steps the Minister intends taking to ensure that these prisoners do not re-offend.