The department of correctional services (DCS) has filed for an urgent interdict in the Pretoria high court to block the order to release an inmate due for parole. On September 4, the court ordered that Oupa Phaahla be released no later than October 3.
Phaahla, who's serving life in prison, was convicted on September 25 2004 for murder, robbery, attempted murder, assault with intent to do grievous bodily harm and the possession of an unlawful firearm and ammunition for a 1998 crime, but was only sentenced on October 5 2004 for 25 years imprisonment – a mere four days after the new parole regime took effect. He approached the courts challenging his sentencing of 25 years and parole eligibility.
When considered for parole, there were other interventions identified to be a requirement in assisting the offender towards socially reintegrating.
— Singabakho Nxumalo, DCS spokesperson
Before 2012, lifers became eligible for parole after 20 years. After the 2012 amendment, the Correctional Services Act increased this to 25 years.
Phaahla challenged this, saying it was unfair and unconstitutional, as it meant two people who committed the same crime at the same time could face different parole conditions depending on when sentencing occurred.
In May 2019, the Constitutional Court ruling in the Phaahla vs the minister of justice and correctional services case, set a new precedent in parole matters – leading to the 2021 amendment of Section 136(1) of the Correctional Services Act. The change tied parole eligibility to the date of commission of an offence rather than the date of sentencing.
But years later, the very applicant in that case, Phaahla, remains behind bars despite qualifying for parole.
DCS spokesperson Singabakho Nxumalo told Sowetan that Phaahla is still in custody because he has further requirements to complete before being considered for release.
“When considered for parole, there were other interventions identified to be a requirement in assisting the offender towards socially reintegrating. Hence, he was not placed out,” Nxumalo said.
Nxumalo would not confirm whether the department would comply with the high court’s release order.
“The matter is going back to court as correctional services sought a written court judgment and reasons for the order issued. The position of the department is to appeal the judgment, but for DCS to file its papers, we do require a full judgment,” he said.
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