Conversion of "Waterkloof Four" sentences unlawful and inappropriate

The decision by a court to convert the prison sentences of two of the "Waterkloof Four" into correctional supervision (thereby releasing them from prison) is wrong in law and grossly inappropriate, and the Minister of Correctional Services must urgently appeal it.

The Court apparently made this decision on the majority recommendation of the Zonderwater Parole Board, after the chairperson of the Parole Board had been informed by the Department that such a recommendation would be unlawful. In terms of a previous court decision, conversions of sentences can only occur if an inmate has less than five years remaining of his or her sentence.

The "Waterkloof Four" were sentenced in January 2007 for the murder of a homeless man and began serving their sentences on or about 10 August 2008. The earliest they ought to have come into consideration for conversion of their sentences would have been August 2015. Both the recommendation of the Parole Board and the decision of the Court, were therefore wrong and should be set aside.

There is an additional aggravation. If a group of offenders are sentenced for the same crime and given the same sentence, all of them qualify for conversion of sentence at the same time. The two remaining offenders of the "Waterkloof Four" are now in legal limbo - the Department of Correctional Services is correctly not applying for the conversion of their sentences, but they ought to have been considered at the same time as the other two. It's a legal mess.

I have already spoken to the Commissioner of Correctional Services, who has assured me that the Ministry's legal advisors are studying the judgment of the Court with a view to appealing it. We welcome this move. We also believe that the Zonderwater Parole Board ought to be taken to task for making the decision it did against the legal advice it received. Those Board members who voted for the decision, ought to be held personally liable for the legal costs of the appeal.

During the initial extensive court process, the "Waterkloof Four" vehemently protested their innocence, and showed no remorse. While they were young when they committed the offence and probably learned their lesson, the offence was nonetheless murder.

Society demands that people who commit serious offences should pay an appropriate price. Serving three and a half years is not such an appropriate price.

Statement issued by James Selfe MP, DA Shadow Minister of Correctional Services, December 16 2011

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