Correctional Services to fight Waterkloof ruling

2011-12-27 10:03

Johannesburg - The Department of Correctional Service said on Tuesday it will apply for a review of the court order that allowed two of the "Waterkloof Four" to be held under house arrest instead of in prison.

"Correctional services is going to appeal the court ruling according to which the Waterkloof two were released last week," said Correctional Services deputy commissioner Zacharia Modise.

He said the request for a review would be lodged within the legal time frame of fourteen days after the ruling.

Gert Van Schalkwyk and Reinach Tiedt were imprisoned along with Christoff Becker and Frikkie du Preez in 2008 for killing a homeless man and assaulting another at a park in Pretoria in 2001.

Bekker and Du Preez, who are serving their sentences in Pretoria Central, had not been released.

On Tuesday, Modise said that "there is no word" on whether or not they would apply for a commutation of sentence. He said the department would "obviously" oppose such an application if it came about.

Last week, the lawyer for the two released prisoners said that she considered their release under correctional supervision as finalised and with no scope for an appeal.

""It wasn't me that brought this about. Do they want to appeal against themselves? How do they want to appeal against themselves?" lawyer Jenny Brewi said in reaction to the department of correctional services' statement that it wanted to appeal the decision by the Zonderwater parole board.

She said that she was of the opinion that "the matter is finalised".

The commuting of the sentence as recommended by the parole board and confirmed by the courts was not an action that her clients had undertaken, but had been carried out by the department itself, said Brewis.

She said, therefore, she did not believe that there was any scope for the department to make an appeal.

  • Anthony - 2011-12-27 10:24

    So will they do the same for celebe?

  • Azande - 2011-12-27 10:36

    The only thing that DCS can do is to investigate the recommendation passed by the Parole Board if they believe something went wrong or any of the fundamental principles were diregarded during process. If the investigative report reveals findings that are grossly unacceptable, they may charge whoever is responsible within the Perole Board then request the court to reverse the "House Arrest" decision. Otherwise they must stop wasting time and let these two "murderers" enjoy their time at home.

  • Andrew - 2011-12-27 10:40

    The question is did Correctional Services at Zonderwater recommend the commuting of the sentences and confirmed by the courts or not. How do these departments operate if the one hand does not know what the other is doing, now wanting to appeal their own decision. Dont make sense to me. Just another waste of our hard earned tax payer money and clogging up an already overloaded justice system.

      Warwick - 2011-12-27 11:40

      Because they are dumb asses.

  • Gideon Smalberger - 2011-12-27 10:46

    While dcs is bussy reveiwing cases they must have a look at the zuma is my chommie shaik case as well....

  • Zwelakhe - 2011-12-27 11:04

    I do not understand our government. How can the departmentof Correctional Services appeal its own internal processess?

  • Pushka - 2011-12-27 11:07

    What a total banana republic we are becoming!! why did the department not fight Shabir Shaiks release? or investigate Jackie Selebi, who seems to be "malingering" Almost everything these government clowns do is done to stir up animosity, if you want to get ahead in this country then be seen to "stand up to the white man" if you do this then you are an instant "hero" to the uneducated (and some of the educated idiots as well)I am becoming so disillusioned with this country that I love so much.

  • Warwick - 2011-12-27 11:42

    They should come up with some illness and get a medical parole like Shaik and noe Selebi. And in a few weeks they can go and play golf, shop go to church etc. And meyby beat and slap reporters and camera men.

      frank.hartry - 2011-12-27 16:25

      You surely cannot compare Selebi and Shaik with the four convicted killers. The former two killed nobody,

      Wim - 2011-12-27 17:22

      @ frank hartry. And you know all that how? Were you Agliotti's or Shaik's delivery boy?

  • roboman1 - 2011-12-27 11:46

    Stop commuting sentences for racist murderers, black or white. Lock farm killers away for good, lock up the people that murdered Terreblanche for good, and as for these waterkloof murderers, put them back in jail and chuck away the key. They killed a defenseless homeless old man

  • Shirley - 2011-12-27 12:07

    I dont neccesarily agree with the waterkloof release but why didnt they fight Selebis hosdpital transfer or Schaiks "terminal medical parole"? Plain rascist!!!

      Khetha Nqubuka - 2011-12-27 12:21

      This was a senseless racial motivated killing that doesn't need to be compared to other crime but condemned. Its a pity that a black man's life can be bought for anything like the "BEES" and just the list is endless

      Shirley - 2011-12-27 12:23

      sorry -hospital

      Merven - 2011-12-28 13:06

      @Khetha, what is homeless people doing in neighbourhoods? They are there to steal, rape and murder, that is the only reason why they would'be been there. It is the same as with foreign people on farms, if they don't work there, what the hell are they doing there?

  • Kevin - 2011-12-27 12:35

    Once again incompetent deployed cadres have screwed up and expect the taxpayer to fund the consequences of their incompetence. Why dont they put Shaik back in prison because he clearly isn't dying?

  • Shirley - 2011-12-27 13:24

    Khetha Nqubuke: would you feel the same outrage if they had murdered a white homeless man??

  • Grant - 2011-12-27 14:42

    After Shaik, Selebi and now this I have to say our justice system is in a mess. The public will increasingly resort to sorting things out by themselves.

  • frank.hartry - 2011-12-27 16:22

    Correctional Services made a mistake and should be allowed to correct it. These killers must be returned to jail to finish their sentence. It was alreaedy too low at only 12 years. Three years four months for murder is an injustice to the homeless nameless man and the other fellow that was beaten up and left for dead. The four convicted killers committed their crime in 2001 but showed absolutely no remorse when tried and convicted in 2008. Showing remorse used to be a consideration of a parole. In the USA depending on the State, these killers would have received the following sentence 1.= Death Penalty or 2= Life in prison without parole or 3 = 25 years in prison before parole is even considered. In South Africa three years. No wonder this country is the murder capital of the world.

      roger.pacey - 2011-12-27 19:29

      I think the NPA has the option of appealing if a sentence is thought too lenient. That it hasn't suggests to me that 12 years isn't too far out of line. One possibility is that the NPA didn't think their case was that strong, as was the case in the Zuma corruption trial. The killers aren't free by a long chalk; they may well end up serving the full 12 years either under correctional supervision or actually back in jail.

      Xenswim1 - 2011-12-27 23:53

      Why do people look at situations in Isolation. I do n ot wish to spoon feed but has anyone considered the number of other rapists, murderers,and people who have commited wanton act of violence that have been granted early release? Take the time to read the stats on early release of prisoners before wanting revenge on these two. The early release figures are astounding. The recomissioning of crime by the same is mind blowing.

  • deidre.swanepoel - 2011-12-27 17:48

    its all good, IF they do this with ALL the people released early.

  • Harold - 2011-12-27 20:43

    The releasing of these young men is an attempt to rehabilitate 2 lives but correctional services is so consumed with carrying out retribution that it cannot see the potential for correctional service as a form of rehabilitation. As for the DA you guys are pathetic your interference in this case smacks of cheap politiking keep on doing it and you are going to lose votes.

  • Gwen - 2011-12-28 08:53

    Hush... Everytime I hear those words in private talks, people Hush immediately. Did you hear them too? Rumors say that just the rich people know all about it. Just do a G00GLE search for "BlueGoldHunt" all one word and click the first site that comes up. .."

  • Rob - 2011-12-28 10:23

    Stuff up, and then a waste of time and money trying to reverse it. Most of all though, more proof of the banana republic SA has become.

  • gerald.jacob1 - 2012-01-03 14:10

    Why are these idiots who are murderers never referred to as "Killers or Murderers as other people get called in the press, what the f..k is so special about these Murderers, cause that's what they are for killing an innocent homeless man, they should have let the bastards rot in prison for all i care.... But what goes around comes around, the motto of life

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