Parliament, Tuesday, 18 March 2025 – The Portfolio Committee on Correctional Services today resolved that it would engage with the Parole Board and the Minister of Correctional Services on the processes followed in granting parole and deciding to revoke parole.
Committee Chairperson Ms Kgomotso Anthea Ramolobeng said the committee wants a better understanding of the factors considered when determining whether to revoke parole. This follows a briefing from Parliament’s Constitutional and Legal Services Office (CLSO) on its role in the Minister of Correctional Services’ decision to revoke the parole of Theunis Kruger and Frans Adriaan du Toit, who were granted parole in July 2023. The two men were sentenced to life imprisonment for the attack and rape of Ms Alison Botha; she was unaware that the parolees had been granted parole and released on various conditions.
In December 2024, the Minister issued a notice of intention to cancel the parole of both men and invited them to make representations in response to the notice. The Minister, after considering the written representations received from Mr du Toit, and noting Mr Kruger’s failure to submit any representation, advised them that their parole had been cancelled with immediate effect. The Minister further advised them that their parole placement would be reconsidered within two years from the date of the revocation of their parole.
The committee heard that the law gives the Minister discretion to decide whether to parole a person serving a life sentence. Although the committee has the power to make legislation and to perform oversight over the executive, in the interests of holding the government to account, these powers do not include judicial oversight over executive decisions of this nature.
The CLSO said that as part of its oversight role, the committee can satisfy itself as to the processes followed by the Minister when granting, refusing or, in this current instance, cancelling parole.
The committee can also ask the Minister to brief it on parole processes and any relevant aspect or factors, such as the department’s policy document, which sets out the factors to be considered when deciding on applications for parole. If, during such an oversight exercise, the committee is of the view that the current legislative framework requires amendment to clarify or expand on parole powers, it can report to the National Assembly on its findings and seek permission to start the process of developing legislation to do so.
Ms Ramolobeng said: “We were assured that the Minister acted within his powers. In order to perform our oversight responsibilities, we will request that the Minister explain the process of making such a determination.”
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES, MS KGOMOTSO ANTHEA RAMOLOBENG.
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