By Observer Reporter | 2018-03-14
Murder suspect in businessman Victor Gamedze’s assassination, Sipho Shongwe was never released on parole.
This is a submission made by Barberton Maximum Prison Deputy Director Noah Seshason Nkosi in his affidavit contained in the crown’s supplementary affidavit in opposing Shongwe’s supplementary in the current bail application at the High court.
Nkosi, in his affidavit, submitted that the applicant (Shongwe) was never released on parole from the facility in South Africa, stating that an offender who is sentenced to life imprisonment as the applicant (Sipho), was to stay in a correctional facility and serve a period of 20 years first before being considered for parole.
Nkosi submitted that the sentence was reduced to 12 years and four months due to credit system (good behaviour) and amnesty, however, the applicant served only seven years and 24 days of the sentence.
According to the criteria for consideration for parole guidelines in respect of prisoners sentenced to life in South Africa, the conditional placement of this category is determined by Section 64 of the Correctional Services Act.
It states that the term life means exactly what the words imply, namely the duration of the prisoner’s natural life to be in detention or in community under supervision, further it states that a prisoner sentenced to life must serve a period of at least 20 years of his or her sentence before placement on parole can be considered by National Advisory on Correctional Services.
Nkosi submitted that if an offender is released on parole, there are certain conditions which he or she has to observe, the address where the person has to stay must be confirmed by the authorities first and in the case of foreign offenders, a deportation order must be attached.
The deportation order, according to the deputy director of Barberton Correctional facility, serves as the address where the offender will reside after release on parole.
“In the case of the appellant (Shongwe) there is no document regarding the stated procedure as he was not even due for parole, the only available document is applicant’s admission detail report which shows that he was released on a fraudulent liberation warrant,” Nkosi submitted in his affidavit.
The admission detail report is attached as an annexure to the supplementary responding affidavit filed by Nkosi.
The bail application hearing resumes at the High Court today.
Judge Sipho Nkosi minced no words that if Shongwe failed to prove his release on parole, he might as well forget about bail.
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