The Difficulty with De Kock
21 July 2014
On 10 July 2014 the Minister of Justice, Michael Masutha, conveyed his decision to refuse Eugene de Kock's application for parole to the public. His decision, although unsurprising, is unusual for having gone against the respective recommendations of the National Council for Correctional Services and the Correctional Supervision and Parole Board, who, in November 2013, recommended that de Dock be released on parole.
Parole determinations are notoriously covert processes. Presumably, however, the CSPB would have considered the submissions or reports of correctional officials who were privy to de Kock's conduct and activities during his imprisonment, De Kock's own submissions, and come up with a suitable recommendation. If rumour is to be believed, De Kock has, on all acounts, been a "model prisoner".
The Minister justified his decision on the grounds that certain relatives of De Kock's victims has not been given the opportunity to make submissions to the CSPB. The catch here, however, is that the law establishing the rights of vicitms in such circumstances had not yet come into effect at the time of the handing down of De Kock's conviction and sentencing, rendering it inapplicable to his parole determination.
But permitting the hearing of submissions by those affected by De Kock's crimes is not inconsistent with parole determinations generally. Certainly, where victims have made known their intention to be heard at parole determinations, the state should willingly facilitate this process.