Minister of Correctional Services and Others v Seganoe

The respondent, Tony Phakiso Seganoe, was convicted of two separate offences committed in July 2001 and April 2002, during the operation of the Correctional Services Act 8 of 1959. He was, however, sentenced only in January and November 2005, after the Correctional Services Act 111 of 1998 (and Chapter VII thereof) had come into force, repealing the 1959 Act and abolishing the parole credit system. While serving his cumulative determinate sentence of 22 years’ imprisonment, Seganoe applied in 2012 for consideration for placement on parole, relying on the credit system under s 22A of the 1959 Act. His applications were refused on the basis that his parole eligibility was governed by the 1998 Act because he was sentenced after its commencement. He successfully challenged that decision in the Gauteng Local Division, which held that the parole regime applicable at the time of commission of the offences governed his eligibility. The Minister of Correctional Services and others appealed to the Supreme Court of Appeal.

The appeal was upheld. The order of the Gauteng Local Division was set aside and replaced with an order dismissing the respondent’s application. No order as to costs was made.

The case authoritatively settles conflicting High Court decisions on the transitional application of parole legislation, confirming that offenders sentenced after the commencement of Chapter VII of the 1998 Act are subject to the new parole regime, regardless of when their offences were committed. It clarifies the scope of s 136 of the Correctional Services Act 111 of 1998 and reinforces principles of statutory interpretation in the correctional context.