The number of parolees who committed serious crimes:
2019/20 — 1,457
2020/21 — 2,451
2021/22 — 2,509
Number of parolees released 2021/22 — 27,722
— Micro
Two years ago when Cape Town schoolgirls — Tazne van Wyk and Reagan Gertse — were allegedly killed by men who were out on parole, justice and correctional services minister Ronald Lamola promised sweeping reforms.
He said there was a need to review the various rehabilitation programmes that parolees undergo to equip them with skills to help them turn their backs on their previous life of crime.
But based on his responses to parliament two weeks ago, the overhaul is yet to be seen.
More than 2,500 parolees committed serious crimes since their release from prison from last year to date.
He revealed that since March 2019, 6,417 parolees committed serious crimes and that 5,399 violated their parole conditions since March last year.
Since 2019, 99,146 parolees have been released from prison.
Senior lecturer at the Unisa’s College of Law and School of Criminal Justice, Dr Francois Louw, said the department has failed to achieve its goal of implementing a much-needed revised, victim-centred and credible parole system for SA.
“The task team had to consider making the parole system more victim-centred; amending the minimum detention period for aggressive sexual offences; strengthening public safety; as well as evaluating noncompliance with the processes and procedures of the Correctional Services Act. Years later, and my biggest concern, the issue of parole review and the efficacy of SA’s parole system, is still being debated.”
“The department owes it to the public to be more transparent on the parole conditions and supervision categories (high, medium or low risk) of perpetrators who committed serious and horrendous crimes while on parole. The questions that should be asked: are parolees properly and effectively monitored by correctional officials working at community corrections to ensure community safety? What measures are in place to avoid/prevent parolees committing serious crimes? How are the rights of victims protected from offenders released on parole?”
Louw said rehabilitation programmes fail because sometimes they are focused more on process than results.
“There is a focus on offenders attending programmes, rather than on whether the programmes have the desired effect of changing the offending behaviour of offenders. Another contributing factor is that there is a huge deficit of psychologists and social workers in SA correctional centres. These professions play an important role in the assessment and rehabilitation of offenders.”
In his research, Louw found poor support or a loss of support, unemployment, substance abuse and criminal friends to be the main causal factors for parole violations.
The underfunding or the lack of a political will to remedy the shortfalls in both the police and the department of justice, impacts negatively on society and government needs to address this. This is nothing new, the situation has become worse over the years.
— Pretoria attorney Julian Knight
“One can hypothesise that when poor post-release support is experienced by parolees who are struggling to find employment, the result might be a loss of support from families because they are unable to cope financially. Eventually, parolees might turn to criminal friends and substance abuse, which in turn cause them to commit parole violations or further crimes. The parole system must be set up to succeed where families of parolees, future employers and NGOs that specialise in substance abuse treatment, form part of the parole release process,” he said.
Pretoria attorney Julian Knight, who also specialises in administrative reviews in respect of parole law, said the department was completely under-resourced and needed more competent and trained staff.
“The underfunding or the lack of a political will to remedy the shortfalls in both the police and the department of justice, impacts negatively on society, and government needs to address this. This is nothing new, the situation has become worse over the years.”
National Institute for Crime Prevention and the Reintegration of Offenders (Nicro) CEO Betzi Pierce said the challenge is that the implementation of rehabilitation is not adequately resourced.
“As with all our social challenges, the solution lies in a whole society approach where civil society, as well as members of the public, have a role to play in the effective rehabilitation of offenders, to close the ‘revolving door’ where ex-prisoners reoffend and end up going back to prison.”
“We also need to establish multi-agency partnerships to support ex-offenders with income generation and employment, alongside support within their community to foster accountability and consistency. We also can’t overlook the importance of meeting some of their most basic needs, such as accommodation — where halfway houses can play a key role.”
Correctional services spokesperson Singabakho Nxumalo said it was commonly recognised that “the current parole system, which was introduced in 2004, based on a model developed in 1997 and legislated in 1998, may require some restructuring and is in need of a review”.
He said the process was still under way.
“As our democracy matures, the department of correctional services has to pioneer a correctional system that equips inmates with basic social skills that enhance their personal development, while community involvement activities provide inmates with avenues to contribute back to society, even behind prison walls. We can only rebuild broken lives by investing in rehabilitation efforts, and such programmes must be reviewed continuously not only for relevance but as an empowerment tool to fight crime.”
“It must be understood that parole is not a right but a privilege that needs to be exercised within specific conditions that an offender must comply with. To this day, correctional services has placed more than 75,000 offenders on parole annually and the results are remarkable, as only 2% and less fail to comply with parole conditions, clearly indicating the social reintegration of offenders can work when done properly.”
So how does our parole system work?
The possible parole placement of offenders is considered individually on its own merit, according to progress with the correctional sentence plan.
“As a result, parole forms part of an entire value chain, with various processes that must be managed effectively, even before an offender is considered eligible for placement. The system is aware of habitual offending behaviours that require due diligence in every aspect of their rehabilitation journey. This is to guard against cases where some parolees go out and continue to cause further harm to society.”
“To this end, parole gives effect to the principle of social reintegration of an offender as part of the purpose of the correctional system. It also recognises that a parolee is particularly vulnerable at the beginning of the process of social reintegration. It must be emphasised that parole takes place under the guidance of correctional officials based in the community and under conditions determined by the Correctional Supervision and Parole Boards (CSPBs) on the basis of the assessment of the parolee,” said Nxumalo.
Parole boards make decisions about who should be released, when they should be released and under what conditions.
“Second, community corrections operates a network of supervision over those who have been released, enforcing conditions of release, supporting and monitoring released inmates as they return to society. Third, community corrections and parole boards decide how to respond to violations of those conditions, and who should be returned to a correctional facility because their parole has been revoked,” said Nxumalo.
He said the mere fact that an offender is eligible for placement on parole or under correctional supervision, does not mean conditional placement will be granted automatically.
“Placement on parole or under correctional supervision is not a right an offender can lay claim to — it has to be earned. An offender does not have to apply for parole. About six months before an offender completes the minimum detention period, the case management committee (CMC) will activate the process. This is an automatic process, which means an offender does not have to apply to be considered for parole.”
The CMC compiles a G326 of parole profile report.
“After the CMC has compiled the G326, they will have a meeting where the offender will be present and where he or she will be informed of their recommendation to the parole board. The CMC will then submit this G326, together with their recommendation to the parole board who will schedule a meeting to consider the offender’s possible placement on parole or under correctional supervision. The offender will be afforded the opportunity to make a representation on the recommendation of the CMC, which the offender may submit or present to the parole board in person,” said Nxumalo.
In terms of legislation, victims of crime must be afforded the opportunity to make representation when the release of an offender is being considered.
The parole board is three members, one of which must be the chairperson or the vice-chairperson.
“Adverts are placed for South Africans to apply. Background in behavioural studies or discipline is an advantage,” said Nxumalo.
The Correctional Services Act is clear that a decision of the parole board is final.
“However, the minister or the commissioner may refer any decision of a parole board to the CSPB (review board). The review board will either confirm the decision of the parole board or take any other decision as they see fit, which the parole board ought to have taken,” said Nxumalo.
All parolees have to complete a pre-release programme.
“The objective of the pre-release programme is to prepare offenders for successful reintegration into society by providing them with skills and information to enable them to cope with possible challenges they may face after their release. The programme is compulsory to offenders who are to be released,” said Nxumalo.
Inmates placed on parole are monitored by parole officers under the community corrections branch.
“As parolees are given parole conditions, there must be compliance with those conditions. Those failing to comply are taken back into custody,” said Nxumalo.
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