Legal analyst Brenda Wardle says that it would set a bad precedent should the parole review of Oscar Pistorius be allowed to continue.
On Wednesday Minister of Justice and Correctional Services Michael Masutha said that he had referred Pistorius’s parole decision which would have seen him released on Friday back for review.
Speaking to SABC Digital News on Thursday Wardle says that it would be an administrative nightmare for parole boards and case management committees around the country.
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Practicalities of Review
Wardle further elaborates that when the matter is sent for review it suspends the release date of the offender, Pistorius.
“The parole review board will then deliberate upon the matter and two things might happen. They might come back to confirm decision of the Correctional Supervision and Parole Board or they may substitute that decision and replace it with a decision of their own.”
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This is a unique case
Wardle considers the Minister’s decision as unique.
“I do not know what the motivation is in this instance to refer this matter is the review board, because Oscar Pistorius has a right to equality. He has a right to equal benefits of the law. The law prescribes that he may be placed on parole on expiry of 1/6. Indeed an expressed promise was made from the parole board that he will be released on August 21 and that has not happened.”
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Oscar’s rights infringed
“It infringes on Oscar Pistorius’ right one to equality because thousands of other prisoners have been released on expiry of 1/6 of their term. Secondly it infringes on his rights to just administrative action especially the right to have his legitimate expectations protected.”
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