Blog
About

7
views
0
recommends
+1 Recommend
1 collections
    0
    shares
      • Record: found
      • Abstract: found
      • Article: found
      Is Open Access

      Barnard v Minister of Justice: the minister's verdict. Deciding on parole for offenders serving life sentences

      SA Crime Quarterly

      Institute for Security Studies (Pretoria)

      Read this article at

      ScienceOpenPublisher
      Bookmark
          There is no author summary for this article yet. Authors can add summaries to their articles on ScienceOpen to make them more accessible to a non-specialist audience.

          Abstract

          Granting parole to offenders serving life sentences has raised questions in public and political discourse. This contribution evaluates the discretion of the minister to decline parole under Section 78(2) of the Correctional Services Amendment Act 25 of 2008 (CSAA). It examines the drafting history of Section 78(2) of the CSAA, evaluates the full extent of the ministerial powers, and reviews its recent application in Barnard v Minister of Justice, Constitutional Development & Correctional Services and Another. It argues that ministerial discretion to refuse parole needs to be re-examined in the wake of that decision, and recommends elements for inclusion in the minister's decision to refuse parole.

          Related collections

          Most cited references 15

          • Record: found
          • Abstract: not found
          • Article: not found

          Administrative law in South Africa

           C Hoexter (2012)
            Bookmark
            • Record: found
            • Abstract: not found
            • Article: not found

            Administrative law under the 1996 constitution

             Y. Burns,  Burns,  RW Burns (2003)
              Bookmark
              • Record: found
              • Abstract: not found
              • Article: not found

              Recht der werkelijkheid

                Bookmark

                Author and article information

                Contributors
                Role: ND
                Journal
                sacq
                SA Crime Quarterly
                SA crime q.
                Institute for Security Studies (Pretoria) (Pretoria, Gauteng, South Africa )
                1991-3877
                2413-3108
                March 2017
                : 0
                : 59
                : 19-26
                Article
                S1991-38772017000100003
                10.17159/2413-3108/2017/v0n59a1406

                This work is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

                Counts
                Figures: 0, Tables: 0, Equations: 0, References: 15, Pages: 8
                Product
                Product Information: SciELO South Africa

                Comments

                Comment on this article