Incarceration


Krejcir v Minister of Correctional Services and Others

  • This case dealt with the allegations of being denied medical treatment whilst incarcerated together with the denial of the adequate ability to consult with legal representation coupled with the denial to access communication with family.
  • The court held that the applicant had been visited by a doctor and dismissed this contention but in relation to the other two grounds the court held that even though denied these rights adequately, the applicant is not an ordinary person and great caution was to be had in relation to him thus limiting his rights in this regard.
  • The application was thus dismissed.

Minister of Correctional Services and Others v Seganoe 

  • The case at hand dealt with the appeal against an offender who, according to the High Court was eligible to be considered for parole according to the Correctional Services Act 8 of 1959, which was operative at the time of the commission of the offences by the accused, but had subsequently been repealed by the Correctional Services Act 111 of 1998 at the time that the respondent was sentenced.
  • The Supreme Court of Appeal held that the legislation to be utilised to determine the eleginiglity of placing one on parole is the 1998 Act, the provisions of which do not apply to the category of offenders of the accused, according to section 136.
  • The court held that it could not have been the intention of the legislature to include such persons under the 1998 Act as it deals with those serving their sentences prior to the commencement of the Act, and thus had to be considered for parole under section 73(6)(a) of the 1998 Act which provides for the consideration for placement on parole in terms of a stipulated period, or half of the sentence where there is no stipulation of a period.

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