The decision by correctional services minister Pieter Groenewald to revoke the parole of Alison Botha’s attackers, Frans du Toit and Theuns Kruger, is probably the first time in South African history that this has happened, a legal analyst said.
The two men had been out on parole since July 2023 after serving 28 years in jail.
The ministry said the decision by Groenewald followed thorough evaluation and consultation of legal opinions and was made in accordance with the Correctional Services Act, which empowers the minister to cancel parole for individuals sentenced to life imprisonment.
“To my mind, there is absolutely no precedent to follow. After this decision, and on the assumption that neither of the two inmates or any other interested party/institution take his decision to court for a possible review, we now have a precedent for the future,” Dr Llewelyn Curlewis from the University of Pretoria law department said.
Curlewis said if the previous parole decision was taken without sound justification and consideration of all aspects, including the views of the complainant, the decision was flawed in the first instance and therefore reviewable by the current minister.
“In law, he has such powers. In this matter I am aware that Alison’s views on possible parole were never formally requested and considered. If it was, the result might have been different.
“I am satisfied with his decision. It is correct in law. I, however, must warn that such drastic intervention should be used sparingly and not as a general rule.”
Curlewis said if an inmate was allowed to taste freedom again after almost three decades in jail, it could very well be argued that by denying them this, once previously granted, it was inhumane and unconstitutional.
“I have always advocated for a possible choice to be awarded for persons convicted of the most hideous crimes in our community to be able to choose for themselves between the death penalty or to never see freedom ever again, real life imprisonment should then be exactly that.”
Du Toit and Kruger kidnapped, raped and viciously assaulted Botha in Gqeberha in 1994, before leaving her for dead.
Her book, I Have Life, has been translated into seven languages and has remained on Penguin's best-seller list since it was first published in 1998. It was re-released in 2016 with an updated chapter to coincide with the release of a full-length film.
When her attackers were released from jail, Botha became increasingly afraid and reclusive, her friends said.
She suffered a brain aneurysm in September, for which she required surgery. She is undergoing extensive rehabilitation and hopes to make a full recovery.
Since becoming minister in June last year, Groenewald has been closely involved with some of the parole cases that had been adjudicated by the parole board.
In July, the parole of child killer Marius van der Westhuizen was suspended after Groenewald referred the board's decision to the parole review board.
Van der Westhuizen is serving a 24-year sentence after being convicted of the murder of his three minor children but was granted parole after his third attempt. He was expected to have been released on July 31 last year after having served 13 years of his sentence. The parole review board overturned the parole board's decision in August and Van der Westhuizen remains in prison.
In September, Groenewald directed that the decision of the Pollsmoor correctional supervision and parole board to place Najwa Petersen, the murderer of legendary singer Taliep Petersen, on parole be referred to the parole review board. Its decision is still pending.
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