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DA: Statement by James Selfe, Democratic Alliance shadow minister of correctional services, calling for safeguards on the Correctional Matters Bill (28/10/2010)

28th October 2010

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The Minister of Correctional Services, Nosiviwe Mapisa-Nqakula, has just announced that she will be introducing a Bill to Parliament in which various aspects of corrections and parole will be addressed, including that of medical parole. Some of these proposed amendments are a step in the right direction, provided that the necessary safeguards are put in place.

In terms of medical parole, the new Bill will allow for inmates to apply for medical parole, even if they are not terminally ill. Many inmates, though not terminally ill, are incapable of committing further crime because they are very ill or suffer disability. These inmates merely constitute an unnecessary drain on the Department and on its medical resources. Such people could be considered for medical parole. It is, however, necessary to put concrete criteria in place so that this system is not abused. This would necessarily require a review body that is completely independent from the Department of Correctional Services, to ensure that decisions are impartial and fair.

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I believe that an additional clause should be added to these amendments, to allow for re-admittance into prison for those inmates that have been granted medical parole, and who recover from illness or disability. We cannot have a situation where a high profile inmate released on medical parole is seen driving around Durban or playing golf. This is an injustice and brings the parole system into disrepute.

Secondly, the Bill reportedly proposes a 2-year time limit on remand detention. This too, is a step in the right direction but similarly requires adequate safeguards to ensure its efficacy. There are cases in which trials are deliberately dragged out so that the trial has difficulty in proceeding. As such, there need to be systems in place to ensure that this is not abused.

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The Democratic Alliance welcomes these proposed measures, which seek to address and alleviate problems within South Africa's correctional centres. However we do feel that these measures can only be effective if they are accompanied with adequate safeguards to prevent abuse. The interests of justice and the rights of victims of crime must also be respected.

 

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