Johannesburg - The re-arrest of former political prisoner Kenny Motsamai for allegedly violating his parole conditions was based on hearsay, claims his lawyer.
Minister of Justice and Correctional Services Michael Masutha is expected to make recommendations on Motsamai’s fate later today.
Advocate Andries Nkome said he and Motsamai met with the Correctional Supervision Board at the Boksburg Prison on Wednesday to review Motsamai’s parole following his arrest at his home on Thursday night for allegedly violating his house arrest conditions.
The department claims that Motsamai had lied about his whereabouts when he was given permission to go to Pretoria to attend to his pension matters. Department spokesperson Ofentse Morwane said Motsamai was instead spotted by prison officials taking part in a protest by military veterans outside government offices in Pretoria.
“Wednesday’s meeting was to assess whether his parole should be revoked or not. Initially the board did not want to allow his legal representatives to be actively involved in the hearing and I had to show them the rules which allowed my involvement there,” said Nkome.
He said during the procession he discovered that the department did not have valid evidence to re-arrest his client.
“We asked them for statements and affidavits from witnesses to prepare our draft representation. They didn't have them. They told us that some anonymous person had called the department to alert them that my client was seen violating his parole conditions in Pretoria. They could not immediately make a decision and they referred the matter to the minister for recommendations within 48 hours,” said Nkome.
Morwane said he will respond to Nkome’s allegations during the course of the day. Motsamai has been behind bards for over a week now.
The 55-year-old former PAC fighter spent almost 28 years in jail for a murder of a traffic officer during a PAC-sanctioned bank robbery in the late 1980s in Rustenburg. Last month he celebrated his first year anniversary of his release from prison. Prior his release Motsamai was granted a day parole with strict conditions that included leaving the prison at 8am and being back by 4pm. During this eight-month-long parole, he was fitted with a monitoring device on his left ankle.