Parole in South Africa is governed by the Correctional Services Act 111 of 1998, together with a series of amendments and a body of Constitutional Court judgments that have reshaped how and when prisoners become eligible for release. The rules are not static. Over the past decade Parliament has amended the principal Act more than once, and the courts have struck down provisions that treated similar prisoners differently without a rational reason.
This page summarises the most important developments that anyone dealing with a parole matter today needs to understand. It covers the Correctional Matters Amendment Act 5 of 2011, the Correctional Services Amendment Act 14 of 2023, the Constitutional Court’s decision in Phaahla v Minister of Justice and Correctional Services, and the special remission of sentence announced by President Ramaphosa. It also distinguishes between what is already law and what remains only a proposal, so that readers are not misled about their position.
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The legal framework: Correctional Services Act 111 of 1998
The starting point for every parole question in South Africa is the Correctional Services Act 111 of 1998. The Act sets out who may be considered for parole, the minimum periods that must be served before consideration, the role of the Case Management Committee, the Correctional Supervision and Parole Board, and the powers of the Minister and the National Commissioner.
Section 73 deals with placement under correctional supervision, day parole, and parole. For prisoners serving a determinate or fixed-term sentence, parole is decided by the Correctional Supervision and Parole Board, with eligibility dates calculated from the sentence length. For prisoners serving life imprisonment, section 73(6)(b)(iv) sets a minimum of 25 years before they may be considered, and the final decision is taken by the Minister on the advice of the National Commissioner.
The Correctional Matters Amendment Act 5 of 2011
The Correctional Matters Amendment Act 5 of 2011 was the first major overhaul of the parole regime after the principal Act came into full operation in 2004. It consolidated the rules on medical parole, the parole of life-sentenced prisoners, and the calculation of minimum detention periods.
The 2011 Amendment Act confirmed that a prisoner sentenced to life imprisonment may not be placed on day parole or parole until they have served at least 25 years of the sentence. It also tightened the medical parole process and introduced clearer rules on how the Case Management Committee must prepare a profile of each prisoner before the parole board considers the matter.
The Correctional Services Amendment Act 14 of 2023
The most recent legislative change is the Correctional Services Amendment Act 14 of 2023. The Act was published in the Government Gazette and commenced on 1 December 2024 by Proclamation 232 of 2024.
The 2023 Amendment Act further amends the principal Act. It refines definitions, adjusts provisions dealing with the custody and treatment of prisoners, and modernises certain internal disciplinary and supervision processes. Although it is often described in public discussion as a “parole law”, most of its operative provisions deal with the wider correctional system rather than with the calculation of parole eligibility dates. Readers should be cautious of summaries that suggest the Act has rewritten parole thresholds. It has not changed the 25-year minimum for lifers.
Phaahla v Minister of Justice: the 20-year question for lifers
The most important court judgment on lifer parole in the past decade is Phaahla v Minister of Justice and Correctional Services [2019] ZACC 18. The Constitutional Court considered the position of Mr Oupa Phaahla, who had been convicted of a scheduled offence and sentenced to life imprisonment shortly after 1 October 2004, the date on which the new parole regime under the Correctional Services Act came into operation.
Before 1 October 2004, the old Criminal Procedure Act 55 of 1959 allowed a lifer to be considered for parole after 20 years. Under the new Act, the minimum became 25 years. Section 136(1) of the Act, a transitional provision, applied the new 25-year rule based on the date on which the prisoner was sentenced. Mr Phaahla had committed his offence before the cut-off date but was sentenced after it.
The Constitutional Court declared section 136(1) constitutionally invalid because it tied parole eligibility to the date of sentence rather than the date of the offence. This created arbitrary discrimination between prisoners who had committed similar offences only days apart. The effect of the order is that a life-sentenced prisoner must be considered under the parole regime that applied at the time the offence was committed, not the regime that applied at the date of sentence.
This is a real change in the law, and it can shorten the waiting period for a defined group of lifers from 25 years to 20 years. It does not, however, guarantee release. It only brings forward the date on which the prisoner may first be considered by the parole authorities.
The constitutional right to a real prospect of release
Beyond Phaahla, the Constitutional Court has repeatedly held that a life sentence without any meaningful prospect of release on parole would be unconstitutional. In Van Vuren v Minister of Correctional Services, the Court confirmed that every prisoner, however serious the offence, must have a real and individualised opportunity to be considered for release once the minimum period has been served. The same principle underpinned the Court’s 2022 decision in the Walus matter, in which it ordered that the applicant be placed on parole.
This body of authority does not create a right to be released. It creates a right to a fair, rational, and individualised consideration. A prisoner who is refused parole after the minimum period has been served does not, on that basis alone, have a constitutional complaint. A prisoner who is refused on irrational grounds, or who is never given a genuine hearing, may.
The special remission of sentence
In August 2023, President Ramaphosa announced a special remission of sentence for qualifying offenders. Remission is not parole. It is a reduction of the sentence itself, granted by the President under section 84(2)(j) of the Constitution. The 2023 special remission programme was directed at non-violent offenders and at prisoners who fell within defined categories, in order to reduce severe overcrowding in correctional centres.
It is important to understand what the special remission did and did not do:
- It reduced the remaining sentence of qualifying prisoners, in some cases bringing forward their release date.
- It did not apply automatically to every prisoner. Prisoners serving sentences for serious violent or sexual offences, and those in certain other categories, were excluded.
- It did not change the parole eligibility periods set out in the Correctional Services Act.
- It did not expunge a conviction. The criminal record remained.
Because remission is administered by the Department of Correctional Services on a case-by-case basis, families often need assistance to confirm whether a relative qualified and how the remission was calculated.
Proposals that are not yet law
Several proposals around parole continue to be debated and should not be treated as current law. They include suggestions to give victims a stronger role in parole hearings, to introduce a more structured release planning process, and to revisit the minimum detention periods for certain categories of offenders. These proposals appear in parliamentary briefings, academic commentary, and civil society submissions, but until Parliament enacts them and the President signs them into law, they have no legal effect.
The safest approach is to rely on the Correctional Services Act 111 of 1998 as amended, the Correctional Matters Amendment Act 5 of 2011, the Correctional Services Amendment Act 14 of 2023, and the binding decisions of the Constitutional Court. Anything beyond these instruments is a proposal, not a rule that can be enforced against the parole board.
How parole decisions are made in practice
For a determinate-sentence prisoner, the parole process usually follows these stages:
- The Case Management Committee at the correctional centre compiles a profile covering conduct, programme participation, and risk.
- The prisoner completes the rehabilitation, education, or substance abuse programmes set out in their correctional plan.
- A risk assessment is conducted, and a victim impact statement is obtained where applicable.
- The Correctional Supervision and Parole Board considers the profile and makes a decision.
- If approved, the prisoner is placed under correctional supervision or day parole before full release, subject to strict conditions and monitoring.
For life-sentenced prisoners, the same early stages apply, but the final decision is taken by the Minister of Justice and Correctional Services, acting on the advice of the National Commissioner, under section 78 of the Act. This is a key difference, and it is one of the reasons that lifer parole matters take longer and require careful preparation.
What the parole authorities consider
Whether the decision-maker is a local parole board or the Minister, the factors considered are broadly the same:
- The nature and seriousness of the original offence.
- The prisoner’s conduct and discipline inside the correctional centre.
- Participation in rehabilitation, education, and skills programmes.
- The outcome of clinical and actuarial risk assessments.
- Whether the prisoner has a fixed address, employment prospects, and family support.
- Input from the victim or the victim’s family, where a victim impact statement has been submitted.
- The interests of society and the risk of reoffending.
Parole is conditional, not a pardon
Being placed on parole does not end the sentence. The prisoner is released into the community under strict conditions, supervised by a correctional official, and must comply with rules covering residence, work, movement, association, and reporting. A breach of any condition can lead to revocation of parole and return to custody. For a life-sentenced prisoner, parole continues for the rest of their natural life, and the State retains the power to return them to prison at any time.
Frequently Asked Questions
What are the new parole laws in South Africa?
The most recent legislative change is the Correctional Services Amendment Act 14 of 2023, which commenced on 1 December 2024 and amends the Correctional Services Act 111 of 1998. Together with the Correctional Matters Amendment Act 5 of 2011 and the Constitutional Court’s decision in Phaahla, these instruments set the current parole framework.
Did the new laws change the 25-year minimum for life-sentenced prisoners?
No. The 25-year minimum detention period for a prisoner serving life imprisonment, set out in section 73(6)(b)(iv) of the Correctional Services Act and confirmed by the Correctional Matters Amendment Act 5 of 2011, remains in force. The Correctional Services Amendment Act 14 of 2023 did not change this threshold.
What did the Constitutional Court decide in Phaahla?
In Phaahla v Minister of Justice and Correctional Services [2019] ZACC 18, the Constitutional Court declared section 136(1) of the Correctional Services Act constitutionally invalid because it tied lifer parole eligibility to the date of sentence rather than the date of offence. The effect is that a life-sentenced prisoner must be considered under the parole regime that applied at the time the offence was committed.
Is the special remission of sentence the same as parole?
No. Remission is a reduction of the sentence itself, granted by the President under section 84(2)(j) of the Constitution. Parole is a conditional release under correctional supervision after a minimum period has been served. The special remission announced by President Ramaphosa in August 2023 applied to defined categories of non-violent offenders and did not change parole eligibility periods.
Who decides parole for a prisoner serving life imprisonment?
The Minister of Justice and Correctional Services, acting on the advice of the National Commissioner, decides parole for life-sentenced prisoners under section 78 of the Correctional Services Act. The Case Management Committee and the Correctional Supervision and Parole Board prepare the recommendation, but the final decision is taken at executive level.
Are the proposals to give victims a bigger role in parole hearings already law?
No. Proposals to strengthen the role of victims in parole proceedings and to reform minimum detention periods are discussed in parliamentary briefings and academic commentary, but until Parliament enacts them and the President signs them into law, they have no legal effect.
Does parole end the sentence?
No. Parole is a conditional release only. The prisoner remains under the sentence for its full duration, or for the rest of their natural life in the case of a life sentence, and must comply with strict supervision conditions. Breach of the conditions can result in revocation and return to custody.
Get help with a criminal law matter. If you or a family member needs advice on parole eligibility, a Correctional Services Act query, or a related criminal law issue, Otrebski Attorneys’ Criminal Law department in Sandton can assist. We are a 100% women-led firm, Level 4 B-BBEE rated, with a 5-star Google rating across 12 reviews. Director Nastasja Otrebski leads the practice personally.
Disclaimer. This article is general information about parole law in South Africa and is current as at August 2026. It is not legal advice and does not create an attorney-client relationship. The law is set out mainly in the Correctional Services Act 111 of 1998, the Correctional Matters Amendment Act 5 of 2011, and the Correctional Services Amendment Act 14 of 2023, all of which may be amended. Confirm the current position with the Department of Correctional Services or speak to a qualified criminal law attorney before relying on anything in this article.