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Correctional Services Act, 1998 (Act No. 111 of 1998)

Chapter VII : Release from a Correctional Centre and Placement under Correctional Supervision and on Day Parole and Parole

78. Powers of Minister in respect of offenders serving life sentences

 

1) Having considered the record of proceedings of the Correctional Supervision and Parole Board and its recommendations in the case of a person sentenced to life incarceration, the National Council may, subject to the provisions of section 73(6)(b)(iv), recommend to the Minister to grant parole or day parole and prescribe the conditions of community corrections in terms of section 52.

 

2) If the Minister refuses to grant parole or day parole in terms of subsection (1), the Minister may make recommendations in respect of treatment, care, development and support of the sentenced offender which may contribute to improving the likelihood of future placement on parole or day parole.

 

3) Where a Correctional Supervision and Parole Board acting in terms of section 73 recommends, in the case of a person sentenced to life incarceration, that parole or day parole be withdrawn or that the conditions of community corrections imposed on such a person be amended, the Minister, on advice of the National Council, must consider and make a decision upon the recommendation.

 

4) Where the Minister refuses or withdraws parole or day parole the matter must be reconsidered by the Minister, on advice of the National Council, within two years.