Statement by Minister of Justice and Correctional Services, Michael Masutha: Parole decision on Eugene Alexander de Kock
10 Jul 2014
We have called this press conference to announce my decision on the parole application of Mr Eugene De Kock. T his is an unprecedented stance that we have adopted in view of the publicity that this matter has attracted.
On the 28th May 2014 I received an order from the North Gauteng High Court regarding offender Eugene De Kock. In terms of the order I was required to consider the recommendation made by the National Council for Correctional Services (NCCS) and to make a decision within 30 days. I used this time to peruse the offenders' profile with all the relevant reports from the professionals and relevant bodies, on which the NCCS recommendations are based, in order to acquaint myself with the contents thereof.
We deem it appropriate that we start by outlining the parole process for the benefit of all South Africans in the spirit of transparency.
Parole is an internationally accepted mechanism that allows for the conditional release of offenders from a correctional centre into the community prior to the expiration of their entire sentence of imprisonment, as imposed by the court. It is important to note that offenders do not have a right to be placed out on parole, but merely a right to be considered for parole, after having served the minimum required period for parole.
However, parole does not reduce the sentence imposed by the court. Offenders who are placed on parole are expected to comply with set conditions and failure to comply with these may result in the offender, depending on the frequency and seriousness of the violations, having his/her parole revoked to serve the remainder of the sentence in a correctional facility.
When the offender is eligible to be considered for parole, the Case Management Committee (CMC) prepares a profile for the offender. The CMC either recommends for parole or requests a further profile, within a certain stipulated period. The CMC then sends the profile and its recommendation to the Correctional Supervision and Parole Board (CSPB). The CSPB would then make a recommendation on the offender's application for parole. Such recommendation would be referred to the National Council for Correctional Services (NCCS). The NCCS is tasked with, amongst others, making parole recommendations to the Minister on offenders serving life sentences.
Mr De Kock is serving sentences including life for the murders of Jappie Kereng Maponya and the Nelspruit 5: Oscar Mxolisi Ntshota, Glenack Masilo Mama, Lawrence Jacey Nyelende, Khona Gabela and Tisetso Leballo. These are cases for which he (Mr De Kock) did not receive amnesty from the Truth and Reconciliation Commission (TRC) in terms of the provisions of Section 18 of The Promotion of National Unity and Reconciliation Act 34 of 1995.
I have considered the matter and noted the various positive reports compiled by the relevant professionals and bodies. I have noted the progress he is reported to have made to improve his skills while in custody as well as the assistance Mr De Kock is said to have provided and continues to provide to the Missing Persons Task Team of the National Prosecuting Authority (NPA).
Our country is a constitutional democracy which is governed by the rule of law. Therefore, in reaching my decision, I have taken into account the relevant laws and prescripts that regulate the parole process, in particular the provisions of the Correctional Services Acts (both Act 8 of 1959 and Act 111 of 1998 and the Correctional Services B Order Chapter 26 which requires the Parole Board Clerk to inform victims of the date of the sitting.
During my consideration of the matter, it became doubtful to me whether the victims or their families have been consulted, as required by the law in particular the Maponya and Leballo families. This doubt was subsequently confirmed in a meeting which I held with these families on 4th July 2014. The meeting was arranged to confirm whether they had been consulted or granted an opportunity to make inputs or representations during the parole hearings by both the Parole Board and the NCCS. After the meeting, it became clear that none of the affected families of the victims were consulted. This specifically relates to the incidents in which Mr De Kock was convicted and sentenced.
In light of the above, I am of the view that it is fair and in the interests of the victims and the broader community, that the families of the victims are afforded an opportunity to participate in the parole consideration process of the offender, as required by laws governing our parole process.
In the circumstances, I have not approved parole at this stage but have directed that a further profile be resubmitted not later than 12 months from today instead of the 2 year period prescribed by law. This will afford the victims, the offender and other relevant structures time to participate in and finalize all outstanding processes. This decision has already been communicated to the offender.
Statement issued by Minister of Justice and Correctional Services, Michael Masutha, July 10 2014
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