Unpacking the Law and Practice Relating to Parole in South Africa
Abstract
The possibility of the early release of offenders on parole is meant to act inter alia as
an incentive to ensure that prisoners behave meritoriously while serving their
sentences. The South African Correctional Services Act No.111 of 1998 deals with
the release of offenders on parole. This article discusses the jurisprudence
emanating from South African courts dealing with various aspects of parole. In
particular, the article deals with the following issues: parole as a privilege; the role of
the executive and the legislature in the parole system; the period to be served before
an offender is paroled; the stipulated non–parole period; and the courts’ intervention
in releasing prisoners on parole.