Barnard v Minister of Justice: the minister’s verdict - Deciding on parole for offenders serving life sentences

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Date

2017

Journal Title

Journal ISSN

Volume Title

Publisher

Institute for Security Studies

Abstract

Parole for offenders serving life sentences has ignited questions in media reports and political circles. This complexity becomes a touchy issue when it leaves more questions than answers after the grant or decline to place offenders on parole. This article evaluates the discretion of the minister to decline to grant parole under section 78(2) of the Correctional Services Act 25 of 2008 (CSA). This contribution argues that a minister’s discretion to refuse parole needs to be re- examined in the wake of the decision in Barnard v Minister of Justice, Constitutional Development & Correctional Services and another with regard to its content and context. The paper examines the drafting history to section 78(2) of the Correctional Services Act; evaluates the bounds of the Ministerial powers, and examines its recent application in Barnard. The final step involves recommending a working framework that may reconcile the position.

Description

Keywords

Administrative decisions, Barnard, Content and context, Criminal justice, Discretion to refuse, Life sentences, Minister, National council, Parole, Parole board

Citation

Nanima, R. D. (2017). Barnard v Minister of Justice: the minister’s verdict - Deciding on parole for offenders serving life sentences. South African Criminal Quarterly, 59(1): 19- 26