Cape Town - There are mixed reactions to the announcement that more than 14 000 prisoners will receive special reduced prison sentences because of a presidential pardon issued by president Cyril Ramaphosa.
Speaking at the Day of Reconciliation celebrations in Bergville,
KwaZulu-Natal, Ramaphosa said the remission excluded those sentenced for violent, aggressive and sexual offences, as well as people declared dangerous criminals in terms of section 286A of the Criminal Procedure Act of 1977.
“The Special Remissions project will not apply to those serving sexual offences, murder and attempted murder, certified as mentally ill, high treason, those serving life, any escapee and those who violated the Domestic Violence Act,” he said.
Mayoral committee member for safety and security JP Smith said the premature release of large numbers of prisoners because of overcrowding in prisons and the failure by the national government to build more prisons was a major driving force behind the gang violence in Cape Town.
“By saying that the special remission applied to certain offences, that still leaves a very large range of offences, all of which impacted other people at the time they were committed. Or is the state president suggesting that every other kind of offence is a victimless offence?” Smith said.
Increasing the frequency of the release of such of gangsters often caused new gang violence which precipitated more violence, Smith said.
Justice and Correctional Service Minister Ronald Lamola said most of the people whose sentences would be remitted were individuals who could not afford to pay a fine and bail.
“Overcrowding of correctional facilities is fuelled by large numbers of remand detainees who cannot post bail, repeat-offending by people who, because of their criminal records, cannot find work after their release and by the overuse of short sentences.”
Safety and Security MEC Albert Fritz raised concerns about the criteria used for the release of the 14 647 offenders. “Statistics show that many of the crimes perpetrated against our citizens and communities are by released offenders. Additionally, the early release of offenders both undermines the rule of law and the already constrained policing resources in the province,” he said.
However, Lamola said more than 71.3 % of beneficiaries to be considered were already in communities as parolees and probationers.
The Inspecting Judge of the Judicial Inspectorate for Correctional Services, Justice Johann van der Westhuizen, said this remission would bring some joy over the festive season, as well as relief to the overcrowding challenge faced by correctional centres. However, he said, it was not a long-term solution for overcrowding.
@Mtuzeli