About eight incarcerated prisoners at Boksburg and Johannesburg Correctional Services centres want to be released from prison after the Gauteng High Court, Pretoria, ordered that they should be released immediately.
According to the inmates, they have served their respective terms ranging between 15 and 26 years.
The group was arrested and convicted for a cash-in-transit (CIT) heist that took place in 2007.
“The Star” has seen the court order, in a matter between Malele Phineas Mapote and the Minister of Justice and Correctional Services, which was delivered at Boksburg and Johannesburg correctional facilities by legal representatives Shapiro Attorneys.
The order states: “The class action in which the applicant is designated the representative of a class of long-term prisoners is hereby certified.
“That the respondent is hereby ordered to arrange for the release of all members of the class on parole forthwith. The respondent is ordered to pay costs of the class of the applicant and the class involved.”
Attorney Shimron Shapiro told “The Star” yesterday that they did a class action with members in Boksburg and Johannesburg prisons.
“The court ordered the minister to release all the prisoners who are unfairly delayed to be released. If not released, we are planning to charge the Department of Correctional Services with contempt of court for failure to correctly implement a court order,” said Shapiro.
He said they are aware that courts are closing on December 15, and if not done now, it will be done in the new year.
“I can confirm that the prisoners are completely rehabilitated, all of them have done required courses including that of anger management, how to adapt to life outside when released. Some have even graduated from well-known higher learning institutions. There is zero chance of re-offending, we are talking about middle-aged individuals,” Shapiro said.
A family member representing one of the incarcerated said his relative and other offenders should be released because they have served their time.
“Our loved ones should be released on parole, the court order said so, the Constitutional Court said so too. They have served their time, it is frustrating that they are still kept in prison,” said the relative.
He said the incarcerated have hope that they will be out soon.
Department of Correctional Services (DCS) spokesperson Singabakho Nxumalo said yesterday: “The court order was received by the Boksburg management only on November 29. Whereas the court ordered to start the process of parole “forthwith” by the respondent (minister) was handed over in Johannesburg Management Areas on the 17 of November where other co-accused in the matter are currently incarcerated.”
He further said: “It should be noted that the profile submission date for lifer Rudilph Ratale to National Council of Correctional Services (NCCS) was scheduled for 15/09/2023; however, the offender was busy with individual therapy with various internal stakeholders as ordered by the minister in his previous parole consideration in year 2022. All his intervention reports were finalised after the set date due to delays caused by involvement and progress made by offender Ratale in these interventions.”
Nxumalo said the status as of November 30 is that, pursuant to the receipt of all professional reports as per instruction of the NCCS have been finalised, the Boksburg Case Management Committee (CMC) office has also finalised the profile report of offender Ratale, which will be submitted to the Correctional Supervision and Parole Board (CSPB) on December 1 for consideration and further submission of its recommendations to the NCCS for consideration and decision by the minister.
“Boksburg Management Area shall await the decision of the minister after submission to NCCS. It should further be noted that the court order is based on the starting of the process of parole release with immediate effect, shortly or without delay depending on the interpretation of the term ‘forthwith’. It does not, however, have jurisdiction over the decision to grant parole, which is the sole discretion and jurisdiction of the Minister of Justice and Correctional Services. In this case, offender Ratale is entitled to be considered without further delay by the NCCS to the minister for a decision.
“It is our view that the order of the court has been fulfilled in that the process of parole consideration has commenced,” Nxumalo said.
The Star