Walus v Minister of Justice and Correctional Services and Others (CCT 221/21) [2022] ZACC 39

22nd November 2022

Walus v Minister of Justice and Correctional Services and Others (CCT 221/21) [2022] ZACC 39

On appeal from the Gauteng Division of the High Court of South Africa, Pretoria

1.       Leave to appeal is granted.

2.       The appeal is upheld.

3.       The decision of the Gauteng Division of the High Court, Pretoria dismissing the applicant’s application is set aside and replaced with the following order:

“(a)    The decision of the Minister of Justice and Correctional Services made in March 2020 rejecting the applicant’s application for parole is reviewed and set aside.

(b)     The Minister of Justice and Correctional Services is ordered to place the applicant on parole on such terms and conditions as he may deem appropriate and to take all such steps as may need to be taken to ensure that the applicant is released on parole within ten (10) calendar days from the date of this order.

(c)      The Minister of Justice and Correctional Services is ordered to pay the applicant’s costs including the costs of two counsel.”

4.       The Minister of Justice and Correctional Services must pay the applicant’s costs in this Court including the costs of two counsel as well as the applicants’ costs in the Supreme Court of Appeal in respect of the petition for leave to appeal.