Issued by: African National Congress
SPEECH BY WILLIE HOFMEYR, ANC MP DURING INTERPELLATION WITH MINISTER OF JUSTICE ON PROPOSED JUDICIAL INTERVENTION IN PAROLE SYSTEM 6th March 1996
When we say that justice must be seen to be done, we mean that the justice system must deliver a sense of justice both to the victims of crime and to the community at large. One of the frequently expressed criticisms of our system is that it is more oriented to the offender than to victim.
The way the parole system functions is an important case in point.
Di Blasi hunted down and assassinated his wife. He was sentenced to four years (in itself an outrage) and was then released 16 months later - after serving only one third of his sentence. There was, understandably, an outcry. Not only is this a ludicrous sentence for someone convicted of a premeditated and brutal murder, but it carries the message that killing your wife is OK because they let you out after only a few months.
I ask you. Is this what we want to say to men with similar intentions? Is this what we want to say to women about their safety and protection under the law? Is this what we want to say to our children about the regard in which their mothers are held by society?
Nobody can dispute that we need a parole system - a system that is in line with internationally recognised principles. We need that system also as a way of encouraging prisoners to behave well.
But my specific concern is that people can be released on parole, even for serious offences, after serving only one third of their sentences ... and this is done in a purely administrative way by faceless officials who appear not to be accountable to anybody. Our parole system allows for very little input either from the judiciary or from the victims. Nor, under the present system, is there any possibility of reviewing the decisions of the Parole Board.
I would like to support a proposal that has been made by a number of people. The courts - perhaps even the sentencing courts - should be given a direct say in parole decisions. This is indeed the practice in a number of European countries like Germany and France. It can also be used as a way to ensure that the voice of the community or the victims can be heard.
While such a system may not be practicable in all cases, it should be possible to implement it when considering parole for people convicted of serious offences such as murder, rape, drugs and arms smuggling, car hijacking, armed robbery.
I would like to ask the Minister of Justice whether he would be prepared to consider a sentencing option that will allow courts, in serious cases, to insist on a sentence where parole can be given only if the sentencing court agrees.