Issued by: African National Congress
By Carl Niehaus, MP Chairperson of the Portfolio Committee on Correctional Services 13 June 1996
Madame Speaker Honourable Minister Omar Honourable Members
Almost very week the media carries more alarming reports about the seriousness of crime in our country. Only yesterday the results of a recent research survey were published, pointing out that crime costs our country every year more than the possible benefits that could be derived from the Olympic Games coming to Cape Town in the year 2004. The conclusion of this particular study was that the combating of crime should be the single most important priority for our government. One may, or may not concur with such a value statement, but no reasonable South African will disagree about the need to effectively combat crime. In a society where the credibility and integrity of the police, the courts and the prisons have been undermined by the very criminality of the apartheid system, it is critical that justice must be done, and it must be seen to be done in a non-discriminatory and even handed manner. In our police cells, in our courts and in our prisons the principle that ALL ARE EQUAL IN FRONT OF THE LAW regardless of race, creed or gender may not be compromised.
Almost every day there are desperate calls for the death penalty to be brought back. Often it is reasoned that the harshness of the sentence will be a deterrent. While the fear and anger about the high levels of crime, which lead to this call, are understandable, it does not necessarily follow that the death penalty is the answer to the effective combating of crime. In fact it is an attempt to find a quick fix answer, for a far more complex problem. Contrary to what some of those who are in favour of the death penalty claim, there are no conclusive statistical studies to prove that the death penalty is an effective deterrent, compared to appropriately harsh prison sentences. The real deterrent is an effective justice delivery system that ensures that prospective criminals know that they are more than likely going to be arrested and will be sentenced by the courts for the crimes that they have committed. And once they have been sentenced, that they will not be able to easily get out of jail; that they will have to face the consequences of their actions and that the intention of the sentence that the Magistrate/Judge has imposed will not be undermined.
The principles that I've stated are acknowledged to the point of tedium by government officials and criminologists. Yet, every so often events occur that convey a very different message to the public. Not so long ago another white collar criminal Mr. Lombard was released early from prison. The past weekend the public had to read in the Sunday newspapers that Mr Greg Blank who had been sentenced in September 1994 to eight years imprisonment for 48 counts of fraud involving 9,75 million rand, will be released after having served only 21 months of his sentence. The impression that is immediately created is that when you are white, coming from a privileged background ad have money you can get out of prison quickly. The very unfortunate message is conveyed that white collar crime is not taken as seriously as it should be, and that while our country suffers losses of millions and millions of rands due to fraud and corruption. However, when you are black and poor and you steal because you have no job, and there is no money to buy food ad provide shelter for your children - then you are told that crime must be taken seriously and then you have serve a large part of your sentence in prison before you can be released on parole.
Please don't misunderstand me, I am not arguing that any person - rich or poor - should not be kept responsible for the crimes that they commit. But in the eyes of the law, what applies for the rich must also apply for the poor - and vice versa.
Every time when questions are raised about early releases on parole one is told that it has been done within the regulations. Technically this may be true. Many things can be done with regulations. Years of apartheid rule have taught us that, the hard way. Those of us who ourselves have been in prison know that very well.
But Madame Speaker, it doesn't follow logically that the result of what may be the technically correct implementation of regulations, is just and fair.
Since the announcement that Mr. Blank is to be released I have received many faxes and phone calls from concerned family members of prisoners throughout South Africa. Also from Krugersdorp prison where Mr. Blank is kept. Most raise the same concerns: They point out that their family members who are in prison, most of them black, have committed less serious non-violent crimes, compared with Mr. Blank, and yet they have to serve much longer parts of their sentences in prison. Time after time the same question was asked: Is this because this is rich, white man with money?
It is our duty as Members of Parliament to pursue exactly such complaints. The Portfolio Committee on Correctional Services has therefore written a letter to the Commissioner of Correctional Services requesting him to urgently give evidence before the Committee about the case of Mr. Blank. The Commissioner responded by indicating that he is prepared to be of assistance, but that his busy programme will make it very difficult to appear at short notice before the Committee. Yesterday the Portfolio Committee resolved that the Department should provide members in writing with all the relevant facts regarding Mr. Blank and that I should further pursue the Committee's request for the Commissioner to urgently appear before the Committee. I have subsequently met with the Commissioner and I repeated my concern about the consequences of Mr. Blank's pending release on parole.
Despite the urgency of the matter it is apparently still difficult for the Commissioner to appear before the Committee, and I have subsequently been informed by his Office that a stand-in for him, Chief Deputy-Commissioner Khoza, will only be available to appear before the Committee on the 25th of June.
In my discussion with the Commissioner I have pointed out that there are very serious allegations made about certain actions by Mr. Blank. These include allegations that members of the Department of Correctional Services could have been unduly influenced by Mr. Blank.
I want to mention only a few:
It seems that not only is Mr. Blank going to get out of prison very early, but he has not exactly been living in normal prison conditions for the while that he has been in prison.
Furthermore, one wonders what has happened with the proceeds of the fraud for which he has been found guilty and imprisoned? According to media reports Mr. Blank will leave prison a rich man, returning to the opulent wealthy life-style that he was used to before being imprisoned.
Madame Speaker, in my discussion with Commissioner Bruyn it was pointed out to me that Mr. Blank's prison sentence of eight years was reduced in the following manner. 1. One year as a result of the general amnesty granted by the President; 2. one year for pointing out an illegal firearm; 3. six months as a result of special remission for meritorious conduct; 4. two months as a result of saving a prisoners life in an attempted suicide. The effective sentence is accordingly 5 years and six months of which Mr. Blank has only served 21 months.
I want to repeat what I've already said: What may be technically correct is not necessarily just and fair, one must add serious questions about whether some of the provisions under which Mr. Blank received special provisions cannot in general be abused? Isn't it possible to arrange that you find a weapon, and then get special remission? In the specific case of Mr. Blank this is exactly the allegation that are being made by some of his fellow inmates.
The special remission for meritorious conduct may on face value look like a good idea, because prison is surely about rehabilitation and improving the conduct of inmates. But, can't it quite reasonably be argued that if you come into prison with a good education and financial resources and/or contacts to get money for the prisoners recreation account (and as the allegations go also for the staff's recreation) that, on the basis of class and privilege you will be advantaged for early release from the day that you enter prison? A media statement issued by Mr. Blank's attorneys states that Mr. Blank received the special remission for meritorious conduct because of the work that he did as a member of the prisoners' Recreational Committee. It is claimed that Mr. Blank did not personally (directly or indirectly) donate any funds or benefits to the Krugersdorp prison, and that all donations were secured by the Recreational Committee. However, it seems that only Mr. Blank was granted the special remission. Why not also the other members of the Recreational Committee, among them Mr. Sydney Maduna, the chairperson of the Committee? Or was it because of his role in raising the R50 000 in donations to improve prison facilities. If that is the case, one must ask whether the prison regulations don't allow for the possibility of actually purchasing special remission. Madam Speaker, I have visited Krugersdorp Prison and I have seen some of the improvements there, and I commented positively on these to the media. However, if the situation there became entangled with people benefiting on the basis of race, privilege background and money - then something very, very serious has gone wrong.
It is in the nature of the prison environment, and the fear of people who are still in prison that they may be victimised, that it is difficult to conclusively prove the allegations that I have mentioned. For the people whose lives it touches, these are very real and critical issues, and as I have indicated they raise fundamental questions about prison regulations and release policy - and more generally, the equality of all before the law.
I have made these points yesterday to the Commissioner and he indicated that he is prepared to investigate the allegations. However, it will not be good if the Department of Correctional Services investigate itself, or decide to appoint a so-called independent investigator of its own choice. Therefore I want to suggest that the Public Protector be requested to investigate all the procedures and allegations surrounding the decision to release Mr. Blank on parole.
In addition I want to direct an urgent request to the Minister of Correctional Services, Dr. Sipo Mzimela, to prevent the release of Mr. Blank until a proper investigation is carried out and the results known.
Madame Speaker, our democratic government has committed itself to bring an end to all forms of racism, discrimination and corruption. The perception that the Greg Blank case creates is that it continues to be possible to receive preferential treatment when you know the right people and your skin is white. We may not allow this to happen.
It is the duty of all of us in this House, regardless of political affiliation, to make sure that justice will in practice be seen to serve and protect all of us on an equal basis.
Thank you