Barnard v Minister of Justice: the minister’s verdict
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Date
2017
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Institute for Security Studies & University of Cape Town
Abstract
Granting parole to offenders serving life sentences has raised questions in public and political
discourse. This contribution evaluates the discretion of the minister to decline parole under Section
78(2) of the Correctional Services Amendment Act 25 of 2008 (CSAA). It examines the drafting
history of Section 78(2) of the CSAA, evaluates the full extent of the ministerial powers, and reviews
its recent application in Barnard v Minister of Justice, Constitutional Development & Correctional
Services and Another. It argues that ministerial discretion to refuse parole needs to be re-examined
in the wake of that decision, and recommends elements for inclusion in the minister’s decision to
refuse parole.
Description
Keywords
Life sentences, Parole, Correctional Services Amendment Act 25, South Africa
Citation
Nanima, R. (2017). Barnard v Minister of Justice: the minister’s verdict. South African Crime Quarterly, 59: 19 - 26.