Judgment No CCZ 8/16 17
Const. Application No CCZ 48/15
objectionable in these provisions of s 112 per se that might invite constitutional censure,
whether under s 56(1) of the Constitution or otherwise.
Section 113 of the Prisons Act establishes the Parole Board and prescribes its
composition, the tenure and terms of office of its members and its proceedings. In terms
of s 113(5), the primary function of the Parole Board is to consider the cases of prisoners
who are serving sentences of extended imprisonment and to make reports to the Minister
(the second respondent) as to the treatment and release on licence of such prisoners. The
phrase “extended imprisonment” is defined in s 2 of the Act to mean extended
imprisonment imposed in terms of s 346 of the Criminal Procedure and Evidence Act, i.e.
a sentence of imprisonment, ranging from a minimum of seven years to a maximum of
twenty years, imposed upon habitual offenders convicted of very serious offences
specified in the Seventh Schedule to that Act.
Section 114(1) of the Prisons Act enjoins the Parole Board to consider and report
on the case of each prisoner who is serving a sentence of extended imprisonment, at
regularly prescribed intervals or at any other times that the Board thinks appropriate. In
terms of s 114(2), when making a report to the Minister as to the release of any prisoner,
the Board must have regard to all the relevant circumstances of the case and of the
prisoner. In particular, it must consider the number and nature of the offences committed
by the prisoner, the period during which the prisoner has been detained, the behaviour of
the prisoner while in prison, the likelihood of the prisoner leading a useful and lawabiding life outside prison, and the need to protect the public. Thereafter, s 114(3)
Select target paragraph3
Add to table of contents