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The applicable period special remission of sentence must be reflected on the warrant and special documents.
However, because such prisoners are serving imprisonment for an indefinite period, it will have no effect on their release dates”. Halam, who appeared for the respondents in this matter has argued that various provisions in the Correctional Services Acts of 19 and in the regulations and the policy documents issued by the Department of Correctional Services, preclude a person sentenced to serve a term of life imprisonment from benefitting from these special remissions for “highly meritorious” service and also from benefitting from Presidential pardons.
The academic and technical and personal achievements of Mr.
Baloyi are not specifically directed outwards of himself.
He submits that “during the awaiting trial my freedom was deprived and so the said period should form part of the sentence”.
That Act has been repealed and the Correctional Services Act, 111 of 1998, (‘1998 Act’) has regulated his imprisonment since 1st October 2004. Baloyi may have acquired in terms of the 1959 Act or the transitional process introduced in section 136 of the 1998 Act are preserved.He now brings an application against the Minister of Correctional Services and other respondents for orders which would result in a reduction of the period of imprisonment which he is currently required to serve.When convicted and sentenced, the legal regime applicable to Mr.Noticeably, section 70 of the 1959 Act contained no special reference to persons serving a life sentence and such persons were not precluded from this benefit. Baloyi was subject to the regime provided for in terms of the 1959 Act.It seems to be common cause that any rights which he acquired in terms of that Act could not, with the repeal of that Act and the introduction of the 1998 Act, deprive him of any entitlements which he had acquired under the 1959 Act.
Between the years 2 (the date of application of the 1998 Act) Mr.