JOHANNESBURG – President Cyril Ramaphosa has approved the release of 14,647 offenders on pardons and remissions to mark Reconciliation Day.
Justice Minister Ronald Lamola said the process would start immediately and may take up to nine months.
The pardons will not include offenders sentenced for sexual offences, murder and attempted murder, armed robbery, mentally-ill sedition, high treason, sabotage and terrorism.
As of November 2019, there were 163,015 offenders across the country’s 243 correctional centres for both sentenced and remand detainees. The department said there was a total of 70,930 parolees and probationers under the system of community corrections – these are offenders who are no longer in correctional facilities but are already in communities. Therefore, the total offender population is 233, 945.
The department said that more than two-thirds (71,3%) of beneficiaries to be considered for the 2019 presidential review of sentence expiry dates are already in communities as parolees and probationers, and not in correctional facilities.
“In terms of inmates within correctional centres, less than 10% (8.99%) of the total inmate population of 163,015 will be considered. Of those to be considered in correctional facilities, the greater part of the eligible 14 647 inmates is closer to their parole consideration dates,” the department said in a statement.
Those who are granted parole will be released into the system of community corrections as parolees and will be closely monitored by Correctional Services officials until their sentence expiry dates.
ABOUT PRESIDENTIAL PARDONS
The President can grant a pardon on various grounds to inmates inside and outside South Africa’s centres. It should be noted that since 1994, a sitting president has not yet exercised his powers to grant a presidential pardon to a person inside the country’s centres, it has been granted to people who are outside on various grounds, it is a power visited upon on very exceptional circumstances.
It is against this background that Ramaphosa on Day of Reconciliation Commemoration in Bergville, KwaZulu-Natal, announced a decision to remit the sentence expiry dates of specific categories of sentenced offenders, probationers and parolees across all correction facilities in the country.
The decision taken by the President is in line with established international practice and informed by powers given to him by section 84 (2)(j) of the Constitution, which provides that: “The president is responsible for pardoning or reprieving offenders and remitting any fines, penalties or forfeitures.”