The Department of Correctional Services in the Eastern Cape has announced the release of hundreds of prisoners from jails in the province. This is in terms of a special remission of sentence announced recently by president Jacob Zuma.
Most of those released in the first tranche were juvenile offendors.
The department has given the assurance that people jailed for serious crimes like murder, will not quality.
Read the full EC Correctional Services statement below.
A total of 252 sentenced offenders were released on a special remission on Monday (14 May 2012) from the various Eastern Cape Correctional Centres.
The breakdown of the released offenders is as follows: 22 were women, three (3) were disabled offenders, four (4) were elderly offenders, three (3) were children and 220 juveniles.
The special remission of sentenced offenders, parolees and probationers was announced by State President Jacob Zuma during the Freedom Day celebration in Pretoria on 27 April 2012.
Last week, a total of 4495 probationers and parolees were released from various Community Corrections offices throughout the Eastern Cape Region. A total of 4800 probationers and parolees will be released in the Eastern Cape through remission.
The projected number of sentenced offenders to be released in the Eastern Cape is in the region of 2100.
(Statistics will be confirmed during the course of the week as other areas are still consolidating their statistics).
In his speech during the Freedom Day celebrations on 27 April 2012 at the Union Buildings in Pretoria, President Jacob Zuma stated that he was exercising his mandate in terms Section 84 (2) (j) of the Constitution which gives him powers to award special remission of sentence to certain categories of offenders as part of celebrating or commemorating a special occasion or event.
One of the projected benefits that the special remission of sentence will bring to the Department is the reduction of overcrowding in our correctional centres. The reduction in overcrowding will in turn create an environment conducive for delivering effective rehabilitation programmes to offenders.
The offender population in the Eastern Cape Correctional Centres is 19 000 and 20000 whereas the approved official accommodation is 12 300.
In terms of the special remissions, a maximum of six months remission of sentence will be granted to all offenders, probationers and parolees in correctional centres or in the system of community corrections who are sentenced and serving sentences for crimes other than:
"Murder;
"Robbery;
"Assault with intent to do Grievous Bodily Harm (excluding common assault);
"Kidnapping / Man Stealing
"Arson;
"Public Violence;
"Crime against the safety of the state including sedition, high treason, sabotage and terrorism;
"Malicious damage to property;
"Violence under the Domestic Violence Act;
"Child Abuse;
"Any other crime directly linked to any of the above-mentioned crime (eg; housebreaking with the intent to rob and robbery.
"Any attempt, inciting, soliciting or conspiracy to commit any of the above-mentioned.
Furthermore, any sentenced offender, probationer and parolee who committed any firearm related crime such as, but not limited to illegal possession, use, pointing and firing, will not qualify for the additional 12 month special remission of sentence.
A firearm, in this case, can be any gun, cannon, recoilless gun, mortar, light mortar or launcher manufacturer to fire a rocket, grenade, self-propelled grenade, bomb or explosive device.
Those who committed sexual crimes such as rape, indecent assault, intercourse with a child, child pornography, incest, sodomy, bestiality and any other crime directly linked to any of the crimes for example; house-breaking with intent to steal and rape, any attempt to inciting, soliciting or conspiracy to commit any of the above-mentioned crimes, will not qualify for the 12 months
People who committed drug-related offences such as trading, cultivating and manufacturing of prohibited drugs or any attempt, inciting, soliciting or conspiracy to commit such a crime will also not qualify for the 12-month remission.
There are, however, those who will not qualify for any special remission of sentence. These are any offender, probationer, parolee or day parolee who is certified mentally ill and is detained in accordance with the Mental Health Act on 27 April 2012; those who were still at large on 27 April 2012 after escaping or absconding and those who already benefited from special remission.
An offender sentenced on or before 27 April 2012 and who was released on bail pending appeal and report on or after 27 April 2012, where the Department Justice and/ or South African Police Services indicated in writing that the offender evaded Justice by not responding to serve a sentence will not qualify for any remission.
Lastly, an offender sentenced to correctional supervision after being detained for a period not exceeding 48 hours and who awaits referral to the court due to violation of conditions, will also not qualify for any remission. The remission of sentences will follow a 10-week release process which will include a compulsory pre-release assessment and programme.
Offenders who qualify for immediate, unconditional release may only be freed by 14 May 2012 in controllable groups. The release process must be finalised on or before 6 July 2012.
Image: Correctional Services Minister: Nosiviwe Mapisa-Nqakula
