CCT07/10

[2010] ZACC 17

2010 (12) BCLR 1233 (CC)

2012 (1) SACR 103 (CC)

Nkabinde J Majority judgment

Yacoob J separate judgment

30 September 2010

http://hdl.handle.net/20.500.12144/3604

Application for leave to appeal against a decision of the North Gauteng High Court, Pretoria: The order concerning the applicant was made in P F van Vuren v Minister of Correctional Services, Case No. 37771/08, North Gauteng High Court, Pretoria, 3 August 2009, unreported, while the reasons for the order are set out in a judgment in the case of J L van Vuuren & Seven Others v Minister of Correctional Services, Case No. 46062/08, North Gauteng High Court, Pretoria, 17 August 2009, unreported. Both the judgment and the order were delivered on 3 July 2009.

Application for leave to appeal against a decision of the High Court and an application for direct access in order to revive a challenge abandoned in the High Court disputing the constitutional validity of section 136(3)(a) of the Correctional Services Act, a transitional provision which governs the minimum period which prisoners sentenced to life imprisonment during a specific period must serve before being considered for parole. The majority of the Court granted direct access but dismissed the application for leave to appeal and found that section 136(3) was not applicable to this category of offenders whose eligibility for parole was in fact governed by section 136(1) thereby entitling the applicant to be considered for parole immediately. The minority interpreted section 136(3)(a) to mean that it is applicable to the applicant. Majority: Nkabinde J (Moseneke DCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Mogoeng J and Skweyiya J concurring). Dissent: Yacoob J (Ngcobo CJ concurring).