Former Northern Cape African National Congress (ANC) chairperson John Block could be a free man in less than 21 days, after the Northern Cape High Court recently ordered the Upington Correctional Supervision and Parole Board to consider his release on special remission of sentence for highly meritorious service.
Judge APS Nxumalo found that Block had met the criteria to be considered for highly meritorious service after he tutored inmates for two years, donated books, employed an ex-offender at his farm, facilitated the donation of soccer boots for four teams in the prison and contributed positively to inmates as he volunteered as a teacher during a period where there were staff shortages at the prison.
However, Nxumalo dismissed Block's application that he qualified for the Covid-19 special remission of sentence as his detention period fell outside of the qualifying period by 18 days.
Block had approached the court on an urgent basis, seeking the following:
– A September 2020 decision by the parole board be reviewed and set aside.
– That the Department of Correctional Services’ (DCS) commissioner and correctional services minister’s decision in relation to his February 2023 appeal on his application to be considered on special remission of sentence for highly meritorious service be declared invalid, unlawful and unconstitutional.
– He wanted the court to declare that he qualified for the Covid-19 special remission and for it to direct the DCS to process his application for parole within 30 days.
Block is currently serving a 13 year sentence for corruption, having been behind bars since November 2018. He had initially been convicted of a 13 and 15 year sentence for corruption and money laundering, but the Supreme Court of Appeals set aside the conviction and sentence on money laundering.
Covid-19 Remission
President Cyril Ramaphosa granted the Covid-19 special remission of sentence in May 2020 to address, manage and combat the spread of the Covid-19 virus in all prisons. Low-risk offenders who would reach their minimum detention periods within 60 months qualified.
Block had been initially on the list, but was later removed, after it was found he would qualify for release by May 26, 2025, which was outside of the period of the Proclamation as signed by Ramaphosa.
Nxumalo held that it was clear that the period of 60 months would end on May 8, 2025, and not April 26, 2025, as the DCS, Parole Board and others had contended.
“In the premise, to the extent that the applicant’s (Block’s) minimum detention period is May 26, 2025, any special remission, he clearly falls outside the Covid-19, remission period, by approximately 18 days.
“Put otherwise, the applicant is not a qualified sentenced offender, in terms of the criteria mentioned in the Proclamation, unless he qualifies for special remission of sentence for highly meritorious service, as contemplated in Section 80 of the Act,” said Nxumalo.
Highly Meritorious Service
However, under the special remission of sentence for highly meritorious service, Block was handed a lifeline and could ultimately be a free man within the next few weeks.
Under the special remission of sentence for highly meritorious service, an inmate may be granted special remission on the recommendation of the National Commissioner if they were not serving a life sentence and had acted highly meritoriously.
Block submitted he had volunteered as a teacher at a school in prison due to a desire to contribute positively to inmates and also due to a staff shortage at the prison school.
He said he had arranged for books to be donated, served as a tutor between 2019 and 2022, obtained a Diploma in Public Administration with the University of Western Cape and he had secured sponsorship of soccer boots for four teams at the prison.
Block also employed an ex-offender at his farm after the former inmate Jacobus Jafta was released on parole, saying Jafta had not re-offended since being employed.
He also assisted the DCS to correct a sign at the prison entrance which erroneously said guns were allowed in the facility, potentially saving the facility from a lawsuit.
“It follows from the foregoing that the respondents’ (DCS, Parole Board) decision to disregard the Blocks listed conduct for special remission of sentence for highly meritorious service is not only materially influenced by an error of law, but was taken because of irrelevant considerations that were taken into account and/or irrelevant considerations that were considered.
“It is against this backdrop that this Court came to the ineluctable determination that the Parole Board decision to disqualify Block for consideration for special remission of sentence, solely on the basis that none of his actions come near to being regarded as highly meritorious, was materially influenced by an error of law.
“It follows that the decision to deny Block recognition for meritorious service in terms of Section 80 of the Act, is therefore unjustified,” said Nxumalo.
Nxumalo also said it was prejudicial to Block that Mr SL Du Plessis, who had been appointed by the head of the prison to investigate if Block qualified for the special remission of sentence, had been appointed as there was animosity between the two.
Du Plessis had said in his report that though it was commendable for Block to secure donations and sponsorship for inmates, he had used his “connections” at the Office of the Premier to secure the donation of soccer boots.
Nxumalo said Du Plessis should have recused himself to maintain fairness and impartiality during the investigation.
Nxumalo has ordered that the Upington Correctional Supervision and Parole Board must, within a period of 21 days, consider Block’s application for special remission of sentence.
Costs were awarded to Block.
IOL