Date: 01/06/2005
Source: Department of Correctional Services
Title: Balfour: Details of special remission of sentence for offenders


    Details of the special remission of sentence for sentenced offenders, probationers and parolees, statement by Minister of Correctional Services, Ngconde Balfour, MP

In accordance with Section 84(2)(j) of the Constitution of 1996, a special remission of sentence has been granted for certain identified categories of sentenced offenders, probationers, parolees and day parolees who were or would have been incarcerated or serving sentences within the system of community corrections on Monday, 30 May 2005.

In terms of the general and conditional reprieve of sentence approved:

* A maximum of six months special remission of sentence will be granted to all sentenced offenders, probationers, parolees and day parolees irrespective of the crime category.
* An additional maximum of 14 months special remission of sentence to all sentenced offenders, probationers, parolees and day parolees for crimes other than those listed below will also be granted.

Aggressive crimes

Murder; robbery; assault with the intent to do grievous bodily harm; kidnapping/man stealing; arson; public violence; crimes against the safety of the State including sedition, high treason, sabotage and terrorism; malicious damage to property; violations under the Domestic Violence Act; child abuse; any other crime committed while committing any of the abovementioned crimes; and any attempt, soliciting or conspiracy to commit any of the abovementioned crimes.

Firearm-related crimes

All charges related to possession and/or the use of a firearm.

Sexual crimes

Rape; indecent assault; intercourse with a child; child pornography; incest; sodomy; bestiality; any other crime committed while committing any of the abovementioned crimes; and any attempt, soliciting or conspiracy to commit any of the abovementioned crimes.

Drug related crimes Trading, cultivating or manufacturing prohibited drugs or any attempt, soliciting or conspiracy to commit such crime.

All offenders who benefit from this special remission of sentence that would result in their early release would first be subjected to a compulsory pre-release programme. Such releases would also not be immediate but spread over a period of ten (10) weeks from 30 May 2005 in order to deal with the necessary administration in a responsible manner.

This special remission of sentence will also not be applicable to any offender, probationer, day parolee or parolee who is certified as mentally ill and is detained in accordance with the Mental Health Act, 1973 (Act No 18 of 1973) with the provision that this special remission of sentence will be applicable as soon as such person is decertified and re-admitted to a correctional centre. It will also not be applicable to offenders who escaped or absconded and were still at large on 30 May 2005.

* No person will benefit more than once from this special remission of sentence.

* Where an offender is serving a sentence for an offence which is excluded from the awarding of special remission for an additional 14 months, the offender can only qualify for the six months special remission. It needs to be pointed out that despite all categories of offenders being granted six months remission of sentence, it will not result in the release of any offender who poses a risk to society in relation to aggressive crimes, firearm-related crimes, sexual or drug-related crimes.

* This special remission of sentence does not apply to awaiting trial detainees. Sentenced offenders facing further charges will also not be released. They will remain incarcerated as awaiting trial detainees.

There will be no mass release of offenders and those qualifying for release will have to exercise patience. The release of qualifying offenders will be implemented within a 10-week period with priority being given to qualifying children, youth, females, females with babies, the elderly and people with disabilities. The ten-week period will allow the department to conduct a pre-release assessment and to present pre-release programmes in partnership with NGOs, FBOs and CBOs. It will also allow the department to deal with the necessary administration and liaise with other role players such as SAPS, Social Development, Health, Education and Justice and Constitutional Development.

I again want to assure the public that no offender who presents a security risk and who is guilty of aggressive, firearm-related, sexual and drug-related crimes would be released under this special remission of sentence. Our government continues to remain intolerant of crime and if any released offender is found to re-offend and commits crime under any circumstances, such a person will be reincarcerated. The safety of the public remains our top priority. In conjunction with other agencies in the criminal justice system, we will remain vigilant to the behaviour of released offenders and will go after them with the full might of the law if they should again commit crimes.

I want to give everyone the assurance that this special remission of sentence is not undermining the criminal justice system. We remain committed to ensuring that those who do crime will do time in prison. We will continue to work towards changing their offending behaviour and through our corrections and development programmes assist them in rehabilitating themselves.

Those gaining from this special remission must know that there will be no chances after this. We are reaching out to you with the intention that you would grab this opportunity to change your lives for the better. If you decide that you want to commit crime again despite society giving you this chance, we will put you back in prison and protect society against you.

Our goodwill in granting this remission of sentence should never be misconstrued. We are not soft on crime and never will be. We believe that this approach is consistent with government’s commitment to rehabilitation and reducing levels of repeat offending. Our White Paper on Corrections in South Africa promotes corrections and development as tools to bring about rehabilitation with the aim of eventual re-integration into society.

Those being reintegrated now must make use of this one opportunity that they have. They must reach out to the victims of their crimes, their families and communities and thank them for giving them another chance to prove that they can be law-abiding and productive citizens.

I want to appeal to families, communities and organisations to assist in ensuring that the re-integration of released offenders is as smooth as possible and that we do everything possible to help them in leading lives free of crime.

Enquiries:
Manelisi Wolela
Cell: 083 626 0304

Graham Abrahams
Cell: 082 453 2244

Issued by: Department of Correctional Services
1 June 2005