A Johannesburg judge who earlier this year undertook to personally lend an ear to a group of 20 inmates serving life sentences and who claimed no one wanted to listen to their plight that they are eligible for parole, honoured his promise.

Gauteng High Court, Johannesburg judge Judge Stuart Wilson now ruled that 19 of the 20 prisoners are not yet eligible for parole, while he ordered the correctional services minister to supply him with more details regarding one of the prisoners.

The judge also demanded answers from the department as to why only one of the prisoners were transported to court from prison during an earlier hearing. 

The inmates had over the past few months turned to court three times in a bid to be heard, but on the first two occasions nobody would lend them an ear, before Judge Wilson agreed to manage their case.

Stephen Langa and 19 of his co-accused at Leeuwkop Prison turned to court in an urgent bid to get answers as to why they have not been considered for parole.

All 20 are serving life imprisonment terms and said they have already served the time expected of them in law, before becoming eligible to be considered for parole. Yet they are not being considered by the Parole Board.

In May Judge Wilson directed the minister to file a report as to why all the prisoners were not transported to court. The head of the Leeuwkop Medium C prison, subsequently explained that only the first applicant “and others” had been named on the form requisitioning them to attend court in May.

It was explained that the prison authorities had not had sight of the papers in which the remaining applicants were identified. For that reason they did not know who the other applicants were, and only the first applicant, Langa, was brought to court. 

The head of the prison undertook to ensure that requisitions which contain reference to parties identified as “and others” are more thoroughly checked in future so that they are identified and brought to court.

He also supplied the court with a table setting out the date on which each of the prisoners was sentenced, and the date on which they will qualify to be considered for parole in terms of the Correctional Services Act.

The table reveals that only two of the applicants, Siyanda Mngomezulu and Collen Maseko, have served the minimum non-parole periods applicable to them. A third, Amos Mokoena, is presently being considered for parole because of his advanced age. 

The remaining applicants do not yet qualify to be considered for parole. A third prisoner who did qualify, died earlier this year.

The situation applicable to the two prisoners who are said to be eligible for parole is that the department said their situations will be considered next year.

Judge Wilson meanwhile accepted the explanation by the head of the prison as to why all the prisoners were not brought to court in May.

“I also accept that his proposal to ensure that the error is not repeated is reasonable in the circumstances. I trust that it will be implemented,” the judge said.

In Maseko’s case, the judge questioned why he will only be eligible for parole next year as it seems he was eligible for parole in 2023 already.

He ordered that he be supplied with a copy of the warrant committing Maseko to prison, together with a copy of the judgment sentencing him. This must be done by September 1.

zelda.venter@inl.co.za

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