Judgment No CCZ 8/16 27
Const. Application No CCZ 48/15
adequately establish the propriety of immediately releasing the applicant from prison at
this juncture. What is first necessary is a full inquiry and report by the Parole Board,
having regard to all the relevant factors delineated in s 114 of the Prisons Act, to
determine the applicant’s aptitude and suitability for release on parole. It would then be a
matter for the Parole Board to make such recommendations as it may deem fit and proper
and, thereafter, for the Minister, in terms of s 115 of the Act, to decide whether or not to
release the applicant on licence, for such period and subject to such conditions as he may
specify.
I should add, for the sake of completeness, that the authorities who administer the
provisions of Part XX of the Prisons Act, namely, the Advisory Board, the Parole Board,
the Commissioner and the Minister, are administrative authorities stricto sensu.
Accordingly, the exercise of their functions and powers under these provisions, unlike the
presidential prerogative of mercy, is ordinarily reviewable on the established grounds of
irrationality, illegality or procedural irregularity, either under the common law or in terms
of section 3 of the Administrative Justice Act [Chapter 10:28].
In the result, the application is granted in the following terms and with the
following conditions:
It is declared that:
1. A life sentence imposed on a convicted prisoner without the possibility of
parole or release on licence constitutes a violation of human dignity and
Select target paragraph3
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