In South African law, remission is the shortening of a sentence of imprisonment that a court has already imposed. It reduces the total period a sentenced offender must serve before being released. The conviction itself stays on record, but the person spends less time behind bars than the original sentence ordered. New parole regulations in South Africa aim to facilitate the reintegration of offenders into society. These changes reflect a growing understanding of the benefits of rehabilitation over mere punishment. As a result, many believe that this approach will lead to lower recidivism rates and a safer community overall.
Remission is often confused with parole and with a presidential pardon, but the three are legally distinct. Remission cuts down the length of the sentence, parole releases an offender under supervision before the sentence ends, and a pardon wipes out the conviction. Understanding these differences matters when a family is trying to work out when a loved one may come home.
This guide explains the remission meaning in simple terms, sets out the South African legal framework, and uses clearly labelled illustrations to show how remission works in practice.
What Is Remission in South African Law?
Remission is a reduction in the length of a sentence of imprisonment. It does not cancel the conviction, and it does not mean the offender was innocent. It simply means the person will serve fewer days, months, or years than the court originally ordered.
The purpose of remission is twofold. First, it rewards good behaviour, discipline, and participation in rehabilitation programmes inside correctional centres. Second, it helps manage overcrowding in South Africa’s prisons by allowing eligible offenders to be released sooner, while still keeping the public safe.
Remission is dealt with under the Correctional Services Act 111 of 1998, which is administered by the Department of Correctional Services. The Act sets out who may grant remission, on what grounds, and within what limits.
The Legal Basis: Section 82 of the Correctional Services Act
The main statutory provision is section 82 of the Correctional Services Act 111 of 1998. Section 82 gives the executive branch the power to reduce a sentence that the courts have already imposed, in defined circumstances.
Two broad categories of remission are recognised:
- Ordinary remission. This is the remission that a sentenced offender can earn through good conduct, discipline, and participation in approved programmes. It is administered by correctional officials under the Act and is the most common form.
- Special remission. This is granted at the discretion of the Minister responsible for correctional services, or by the President for categories of sentenced offenders. Special remission is often announced on a national basis, for example during particular commemorations or to ease prison overcrowding.
An important limit is built into the section. Special remission may not reduce a sentence below any non-parole period that a court has fixed, and offenders serving certain serious sentences may be excluded or restricted. The Department of Correctional Services publishes the conditions that apply to each remission cycle.
Ordinary Remission vs Special Remission
Although both reduce time served, ordinary and special remission work differently in practice.
Ordinary remission is earned incrementally. A sentenced offender builds it up through consistent compliance with the rules of the correctional centre, through work, and through participation in education, skills, or treatment programmes. Loss of ordinary remission can also be used as a disciplinary measure where an offender breaches prison rules.
Special remission, by contrast, is granted from outside the individual sentence. It is a discretionary decision made by the Minister or the President and is usually applied to a defined group of offenders at the same time. A sentenced offender does not automatically qualify just by serving time; they must fall within the announced category and meet the conditions.
How Remission Differs from Parole
Remission and parole are often used interchangeably in everyday conversation, but they are not the same thing in law.
- Remission reduces the length of the sentence itself. Once remission is applied, the sentence simply ends sooner.
- Parole is the conditional release of a sentenced offender into the community before the full sentence has run its course. The offender is still serving the sentence, but outside the correctional centre, under supervision and subject to conditions set by the Parole Board.
Another key difference is that parole can be revoked. If a parolee breaks the conditions, they can be returned to custody to serve the balance of the sentence. Remission, once properly granted and applied, is not supervised in the same way because the sentence itself has been shortened.
How Remission Differs from a Pardon
A pardon is an entirely different remedy. Under section 84(2)(j) of the Constitution of the Republic of South Africa, 1996, the President has the power to pardon or reprieve offenders. A pardon can extinguish the conviction itself, which remission never does.
- Remission shortens time served but leaves the conviction standing.
- A pardon may forgive the offence and remove the conviction, in effect wiping the slate clean in certain respects.
Because a pardon reaches the conviction itself, it is granted far more rarely than remission and follows a separate application process through the Department of Justice and Constitutional Development.
Who Qualifies for Remission?
Eligibility depends on the type of remission and on the offender’s profile. The factors that are normally considered include:
- Behaviour and discipline. A clean disciplinary record and evidence of reform support qualification for ordinary remission.
- The nature of the offence. Certain serious offences, and sentences where a court fixed a minimum non-parole period, may be excluded from special remission or limited by it.
- Time already served. A minimum portion of the sentence usually has to be served before remission applies.
- Participation in rehabilitation. Engagement with education, skills training, or treatment programmes is taken into account.
- The category set by the granting authority. For special remission, the offender must fall within the group identified by the Minister or the President.
Each case turns on its own facts. Correctional records, the sentencing order, and the applicable remission policy all have to be checked before any expectation of a release date can be given.
How Remission Works in Practice: Illustrations
The following examples are illustrations only. They are not real cases, and the actual figures depend on the sentence, the date it was imposed, and the remission policy in force at the time.
- Illustration 1: Ordinary remission for good behaviour. A person is sentenced to six years’ imprisonment. Through good conduct and completion of a skills programme, they earn ordinary remission and are released after serving a reduced portion of the sentence. The conviction remains on their criminal record.
- Illustration 2: Special presidential remission. The President announces a special remission for a defined category of sentenced offenders. A person serving ten years, who falls within that category, has 12 months deducted from the sentence. The deduction does not apply to offenders who are excluded by the conditions of the announcement.
- Illustration 3: Remission interacting with a non-parole period. A court sentences an offender to eight years and fixes a minimum non-parole period of three years. Even if special remission is later announced, it cannot reduce the sentence below that minimum period set by the court.
Can Remission Be Withdrawn?
Ordinary remission can be forfeited as a disciplinary measure if an offender commits a serious offence inside the correctional centre. In those circumstances, remission that was provisionally earned can be taken back, which extends the date of release.
Special remission, once granted and applied to a qualifying offender, is generally not withdrawn on an individual basis. However, the granting authority sets the conditions, and an offender who does not meet them at the time the remission is applied for will not benefit from it.
Because the rules are detailed and change between remission cycles, families should confirm the position with the relevant correctional centre or with a criminal law attorney before relying on a particular date.
Frequently Asked Questions
What is remission in law?
Remission is the shortening of a sentence of imprisonment that a court has already imposed. It reduces the total time a sentenced offender must serve, but it does not cancel the conviction.
Who grants remission in South Africa?
Ordinary remission is administered by the Department of Correctional Services under section 82 of the Correctional Services Act 111 of 1998. Special remission is granted by the Minister responsible for correctional services, or by the President for categories of sentenced offenders.
What is the difference between remission and parole?
Remission reduces the length of the sentence itself, so it ends sooner. Parole is the conditional release of an offender into the community before the sentence ends, under supervision and subject to conditions set by the Parole Board. Parole can be revoked, while remission shortens the sentence outright.
What is the difference between remission and a pardon?
Remission shortens the time served but leaves the conviction on record. A pardon, granted by the President under section 84(2)(j) of the Constitution, can extinguish the conviction itself. A pardon is therefore a more far-reaching remedy and is granted far more rarely.
Does remission erase a criminal record?
No. Remission only shortens the sentence. The conviction remains on the offender’s criminal record. Removing a conviction requires a separate process, such as a presidential pardon or, in qualifying cases, expungement.
Can every prisoner receive remission?
Not necessarily. Eligibility depends on behaviour, the nature of the offence, time already served, participation in rehabilitation, and whether the offender falls within the category set by the granting authority. Certain serious offences and court-imposed non-parole periods can limit or exclude remission.
Get help with a criminal law matter. Otrebski Attorneys’ Criminal Law department in Sandton advises sentenced offenders and their families on remission, parole, pardons, and expungements. As a 100% women-led firm with a 5-star Google rating across 12 reviews and Level 4 B-BBEE status, we offer clear, practical guidance on sentence-related questions under the direction of Director Nastasja Otrebski.
Disclaimer. This article is general information about South African criminal and correctional law and is not legal advice. Remission policies change between cycles, and outcomes depend on the specific sentence and circumstances. Confirm the current position with the Department of Correctional Services, the relevant court records, or a qualified criminal law attorney before relying on any date or figure mentioned here.