When South Africans talk about “amnesty for prisoners”, they are usually referring to one of two distinct legal mechanisms: special remission of sentence announced by the President, or a presidential pardon. South Africa does not run a general statutory amnesty that wipes convictions across the board. Instead, release is handled through the Correctional Services Act 111 of 1998 and the pardon power in the Constitution, and it is always discretionary.
These mechanisms matter to families who want to know when a loved one may come home, and to practitioners who must give honest advice rather than false hope. This article explains what is confirmed in our law, what the 2023 special remission actually did, who is excluded, and how the application process works.
Amnesty Versus Remission Versus Pardon in South African Law
The word amnesty is often used loosely. In our criminal justice system the practical equivalents are narrower and each has a different legal source:
- Special remission of sentence reduces the length of a sentence already imposed by a court. It does not cancel the conviction. The President acts on the advice of the Minister of Correctional Services under section 82 of the Correctional Services Act 111 of 1998.
- Presidential pardon is a separate power under section 84(2)(j) of the Constitution. It can forgive a conviction or sentence in whole or in part, and is exercised after referral to the National Council on Correctional Services.
- General amnesty, in the political sense last seen under the Promotion of National Unity and Reconciliation Act 34 of 1995 (the TRC framework), is not a routine prisoners programme and is not available on individual application.
Treating these as the same thing is a common error. A client who asks for “amnesty” usually wants remission or a pardon, and the route depends on the offence, the sentence, and how much of it has been served, including various pardon options.
The 2023 Special Remission Programme Explained
On 11 August 2023, President Cyril Ramaphosa announced a special remission of sentence. The Department of Correctional Services reported that the sentenced inmate population then stood at 212,286, and the programme was framed partly as an overcrowding measure and partly as recognition of good behaviour and rehabilitation.
Under the programme, qualifying offenders could receive a remission of up to 24 months. Around 9,488 inmates were considered for release from correctional centres, with a further group under correctional supervision and parole, bringing the total number of beneficiaries to roughly 24,488. A separate group of 3,064 foreign national offenders was processed for deportation. These are administrative figures reported at the time; they are not guarantees for any individual applicant.
The 2023 announcement was a once-off national remission. It was not an ongoing right, and it did not change any court’s findings of guilt. It simply reduced the effective sentence of those who met the criteria.
Who Qualifies and Who Is Excluded
Special remission is targeted at non-violent, low-risk offenders. The confirmed exclusions announced in 2023 included:
- Offenders convicted of sexual offences;
- Offenders convicted of tampering with essential infrastructure;
- Offenders serving life sentences; and
- Offenders declared dangerous criminals under the Criminal Procedure Act.
In earlier special remission rounds, serious violent crimes such as murder, robbery and assault with intent to do grievous bodily harm have also been excluded, together with offences against children. Anyone relying on remission should confirm the current exclusion list with the Department of Correctional Services before assuming eligibility, because the categories can change from one remission to the next.
Beyond the offence type, eligibility usually depends on having served a defined portion of the sentence, a clean disciplinary record, participation in rehabilitation programmes, and a positive risk assessment by the Case Management Committee.
The Legal Process Step by Step
Remission and pardon are not applied for in the same way as parole, but they follow structured internal processes:
- Internal assessment. The offender’s Case Management Committee at the correctional centre reviews sentence, behaviour, programmes completed and risk profile.
- Referral upward. Suitable matters go to the Parole Board, the National Council on Correctional Services, and ultimately the Minister of Correctional Services for recommendation.
- Presidential decision. For a special remission the President acts under section 82 of the Correctional Services Act; for a pardon under section 84(2)(j) of the Constitution. Both are discretionary.
- Implementation. If granted, the Department of Correctional Services recalculates the sentence, and release, transfer to correctional supervision, or deportation is arranged.
There is no automatic entitlement. A favourable recommendation can still be declined, and an offender may wait a long time for a decision. Where a decision is unlawful or procedurally unfair, it can be reviewed in the High Court, but the courts will not force the President to exercise a discretionary power in a particular way.
Ongoing Remission Outside Special Announcements
A common misconception is that prisoners only benefit when the President makes a national announcement. That is not correct. Section 81 of the Correctional Services Act provides for ordinary, sentence-specific remission that can be earned through good behaviour. This is built into the sentence calculation from day one, subject to the disciplinary record maintained by the correctional centre.
The practical difference is scale. A special remission applies to a defined group of offenders at a set date and can take months off a sentence at once. Ordinary remission accrues incrementally. Both can operate on the same sentence, and a lawyer can help confirm that the Department has calculated every form of remission the offender has earned.
How Otrebski Attorneys Can Help
Our Criminal Law department assists sentenced persons and their families with the practical side of remission and pardon. That includes confirming whether a specific offence falls inside or outside the current exclusion list, checking that the Department of Correctional Services has calculated sentence credits correctly, and advising where a decision appears to have been delayed or taken on wrong grounds.
- Reviewing the offender’s warrant of committal, sentence order and release date calculation;
- Advising on eligibility for ordinary remission under section 81 and any active special remission;
- Preparing representations to the Case Management Committee, Parole Board or Minister; and
- Assessing whether a refusal or delay is reviewable in court.
Otrebski Attorneys is a womenled law firm that is 100% women-led, with a single office in Sandton, a Level 4 B-BBEE rating, and a five-star client rating across 12 reviews. The director, Nastasja Otrebski, leads our Criminal Law practice. The director, Nastasja Otrebski, leads our Criminal Law practice.
Frequently Asked Questions
Is there a general amnesty for prisoners in South Africa?
No. South Africa does not run a routine general amnesty that wipes convictions, nor does it have general amnesty policies. The practical equivalents are special remission of sentence under section 82 of the Correctional Services Act 111 of 1998 and presidential pardon under section 84(2)(j) of the Constitution. Both are discretionary.
What was the 2023 special remission of sentence?
On 11 August 2023 President Ramaphosa announced a special remission of up to 24 months for qualifying non-violent, non-sexual offenders. The Department of Correctional Services reported around 9,488 inmates for release and roughly 24,488 beneficiaries in total, with a further 3,064 foreign national offenders processed for deportation.
Which offenders are excluded from special remission?
The 2023 exclusions included offenders convicted of sexual offences, tampering with essential infrastructure, offenders serving life sentences, and offenders declared dangerous criminals. Earlier rounds have also excluded serious violent crimes and offences against children. The exclusion list should be confirmed with the Department of Correctional Services for each remission.
Can a prisoner apply for a presidential pardon instead?
Yes, but only through a separate process under section 84(2)(j) of the Constitution. A matter is referred through the National Council on Correctional Services and the Minister before reaching the President, and the decision is entirely discretionary. A pardon can forgive a conviction or sentence in whole or in part.
Does remission cancel the criminal conviction?
No. Remission only reduces the time an offender must serve. The conviction and sentence imposed by the court remain on the record. Only a presidential pardon can forgive a conviction, and expungement of a criminal record is a separate process governed by the Criminal Procedure Act.
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Disclaimer. This article is general information for South African readers and is not legal advice. Correctional services law, remission criteria and pardon procedure change over time, and outcomes depend on the specific facts of each matter. Please consult a qualified attorney at Otrebski Attorneys for advice tailored to your situation.