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While at least 19,000 inmates inside South African jails will be eligible for special parole to curb the spread of Covid-19, those convicted of a series of serious crimes will not make the cut.
This as President Cyril Ramaphosa authorized the parole of low-risk prisoners to alleviate overcrowding and curb the spread of Covid-19 in jails.
On Friday, Ramaphosa announced and published the decision in terms of Section 84 (2) (1) of the Constitution along with Section B2 (1) (a) of the Correctional Services Act of 1998.
In Proclamation 19 of 2020 released on May 8, Ramaphosa described that only selected inmates would be eligible and only released after processes have been followed.
The criteria for those eligible is that they were or would have been incarcerated on April 27 and subject to the conditions recommended by the Board of Correctional Supervision and Probation under whose jurisdiction convicted criminals may fall.
In the proclamation, Ramaphosa described the low-risk offenders who would be considered and those who had or would have reached their minimum terms of detention within a 60-month period beginning May 8.
They were also reportedly convicted of “misdemeanors”, drawn up by Justice Minister Ronald Lamola.
On Friday, a spokesman for the Department of Correctional Services Singabakho Nxumalo said there were three new cases of the virus in the SA prison network, bringing the number in the department to 177.
Nxumalo added that three officials tested negative, and the recoveries are now 87.
Who is not eligible for special parole?
– Prisoners serving life sentences for crimes related to gender violence and sexual crimes; child abuse; murder, attempted sabotage and terrorism.
– Those declared dangerous according to the Criminal Procedure Law, and those certified as mentally ill and detained according to the Mental Health Care Law.
– Offenders with additional charges who have not received the deposit or could not pay it.
– Inmates who escaped from prison or escaped and were still free as of the date of the pronouncement.
– Inmates who are on bail pending appeals.
– Those who committed violations under the Domestic Violence Law.
– Those detained for armed robbery or robbery with aggravating circumstances.
– Any other crime related to the crimes mentioned above, for example, trespassing with the intention of stealing or raping.
– Any attempt, request, incitement or conspiracy to commit the above crimes.
In the proclamation, Ramaphosa said those who qualify for special probation, however, will be subjected to their fingerprints and DNA samples that are extracted and verified in accordance with police prerequisites that allow a release.
The placement process for those who meet the standards will begin once the parole board processes have been completed and the programs they attend are published.
“Small crimes, crimes of necessity”
In a briefing on Friday after the Ramaphosa announcement, Justice Minister Ronald Lamola and Correctional Services Commissioner Arthur Fraser said that only those convicted of misdemeanors would be eligible for special parole and would be among the 19,000 to be released nationwide, News24 reported. .
Fraser described them as “crimes of necessity,” such as shoplifting, burglary, or trespassing.
Lamola said overcrowding in the country’s prisons posed a risk since the virus could spread rapidly in confined spaces like cells.
He added that the prisons were already 32.58% crowded as of May 4.
“Another exacerbating factor is that some of the inmates already have compromised immune systems as a result of chronic conditions.
“This makes them more vulnerable to Covid-19 and can have a catastrophic effect on inmates, officials, communities around correctional facilities, as well as the general public,” said Lamola.
The district attorney criticized the measure, and MP Glynnis Breytenbach said the decision could lead to a “greater humanitarian crisis” than the government was trying to avoid.
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