DEPARTEMENT KORREKTIEWE DIENSTE - Correctional Services

Guidelines for the implementation of the Special Remission 

of Sentence announced by the by the president on 27 April 

2012 

1. MANDATE 

The President has granted special remission of sentence in terms of the powers 

vested in him by Section 84 (2)(j) of the Constitution of the Republic of South Africa, 

1996 (Act No 108 of 1996) to certain categories of sentenced offenders, 

probationers, parolees and day parolees who are or would have been incarcerated 

or serving sentences within the system of community corrections on 27 April 2012. 

This directive will serve as a guideline how to deal with this matter. (See also the 

attached action plan/ process flow for implementation) 

2. WHO WILL QUALIFY? 

2.1 The following categories of sentenced offenders, probationers, parolees and 

day parolees may qualify for the special remission of sentence as indicated: 

2.1.1 Maximum of six (6) months special remission of sentence to all offenders, 

probationers, parolees and day parolees irrespective of crime committed. 

2.1.2 An additional maximum twelve (12) months special remission of sentence 

to all offenders, probationers, parolees and day parolees in correctional 

centres or in the system of community corrections who are sentenced and 

serving sentences for crimes other than those mentioned in par 3: 

3. WHO WILL NOT QUALIFY FOR THE ADDITIONAL 12 MONTHS SPECIAL 

REMISSION OF SENTENCE? 

3.1 Aggressive crimes: 

� Murder; 

� Robbery; 

� Assault with the intent to do grievous bodily harm (excluding common 

assault); 

� Kidnapping/Man stealing; 

� Arson; 

� Public violence; 

� Crimes against the safety of the State including sedition, high treason, 

sabotage and terrorism; 

� Malicious damage to property; 

� Violations under the Domestic Violence Act; 

� Child abuse; 

� Any other crime directly linked to any of the abovementioned crimes 

(e.g. housebreaking with the intent to rob and robbery); and 

� Any attempt, inciting, soliciting or conspiracy to commit any of the 

abovementioned crimes. 

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3.2 Firearm related crimes 

� Any firearm related crime such as, but not limited to illegal possession, 

use, pointing and firing. (For the purpose of this special remission a 

firearm is defined as any gun, cannon, recoilless gun, mortar, light 

mortar or launcher manufactured to fire a rocket, grenade, self- 

propelled grenade, bomb or explosive device) 

3.3 Sexual crimes: 

� Any offence listed in the Criminal Law (Sexual Offences and Related 

Matters) Amendment Act 32 of 2007 

� Rape; 

� Indecent assault; 

� Intercourse with a child; 

� Child pornography; 

� Incest; 

� Sodomy; 

� Bestiality; 

� Any other crime directly linked to any of the abovementioned crimes 

(e.g. housebreaking with the intent to steal and rape); and 

� Any attempt, inciting, soliciting or conspiracy to commit any of the 

abovementioned crimes. 

3.4 Drug related crimes: 

� Trading, cultivating or manufacturing prohibited drugs or any attempt, 

inciting, soliciting or conspiracy to commit such crime. (Note: Offenders 

only sentenced for possession of drugs are therefore not excluded 

and qualify for the 6 and additional 12 months) 

4. WHO WILL NOT QUALIFY FOR ANY SPECIAL REMISSION OF SENTENCE? 

This special remission of sentence will not be applicable to any offender, probationer, 

day parolee or parolee who: 

4.1 Is certified as mentally ill and is detained in accordance with the Mental Health 

Act, 2002 (Act No 17 of 2002) on 27 April 2012: Provided that this special 

remission of sentence will be applicable as soon as such person is decertified 

and re-admitted to a correctional centre/community corrections office; 

4.2 Was declared a dangerous criminal in terms of section 286A of the Criminal 

Procedure Act, 51 of 1977; 

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4.3 Was still at large on 27 April 2012 after escaping or absconding. (It includes 

those persons who were ordered to report to serve their sentences of periodical 

imprisonment, but who failed to report); 

4.4 Already benefited from this special remission; 

4.5 Were sentenced on or before 27 April 2012 who were released on bail pending 

appeal and report on or after 27 April 2012, where the Department of Justice 

and/or the South African Police Services indicated in writing that they 

evaded the Justice system in respect of not reporting to serve the 

sentence; 

4.6 Was sentenced to correctional supervision in terms of section 276(1)(h) of the 

Criminal Procedure Act, 1977 (Act No 51 of 1977) who are detained in a 

Correctional Centre for a period not exceeding 48 hours and who awaits referral 

to the court a quo due to violation of their conditions. 

5. PROVISIONS APPLICABLE TO OFFENDERS IN CORRECTIONAL CENTRES 

5.1 Compulsory Pre-release Assessment and Pre-release Programme 

5.1.1 The completion of a compulsory pre-release assessment and the attendance of 

a compulsory pre-release programme is a pre-requisite before the conditional 

or unconditional release of offenders can take place in order to assist with their 

reintegration into the community and to facilitate acquisition of support systems. 

(Pre-Release Assessment Tool and Pre-Release Programme are attached) 

5.2 Ten (10) Week Release process 

5.2.1 Any offender, who is allocated special remission and qualifies for immediate 

release, must be released within the ten (10) week period as indicated below. 

The release process must therefore be finalized on or before 6 July 2012. 

Special remission of sentence will therefore be calculated pro-rata in order to: 

5.2.1.1 Allow the Department to conduct a pre-release assessment and to 

arrange and present pre-release preparation programmes in 

partnership with NGO’s, FBO’s and CBO’s; 

5.2.1.2 Deal with the necessary administration in a responsible manner; and 

5.2.1.3 Liaise with role players such as the South African Police Service, 

Social Development, Health, Education and Justice. 

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5.2.2 Offenders who benefit from this special remission of sentence to the extent that 

they can immediately be released unconditionally, may only be released as 

from 14 May 2012 in controllable groups as per identified category, sentence 

group and timeframe as indicated below: 

Week 1: 30/04 – 04/05 Admin/Assessment/Programmes 

Week 2: 07/05 – 11/05 Admin/Assessment/Programmes 

Week 3: 14/05 – 18/05 

Females/Children/ Youths/Aged/Disabled 

Actual release 

irrespective of sentence group 

Week 4: 21/05 – 25/05 


Sentence group 0-12 months 

Week 5: 28/05 – 01/06 


Sentence group >12-24 months 

Week 6: 04/06 – 08/06 


Sentence group >2-3 Years 

Week 7: 11/06 – 15/06 



Week 8: 18/06 –22/06 



Week 9: 25/06 – 29/06 


Sentence group longer than 7 years 

Week 10: 02/07 – 06/07 


Sentence group longer than 7 years 

6 ADMINISTRATIVE STEPS APPLICABLE TO OFFENDERS IN CORRECTIONAL 

CENTRES 

6.1 General 

6.1.1 A recalculation of all applicable dates in respect of all offenders who qualify for 

this measure must be done. If an offender cannot benefit through the 

allocation of the maximum special remission of sentence, it must be allocated 

pro-rata. 

6.1.2 Offenders without approved parole dates must be referred to the Head of the 

Correctional Centre (sentences up to 24 months)/Correctional Supervision and 

Parole Board (CSPB) for consideration of placement in accordance with the 

recalculated dates. 

6.1.3 Offenders sentenced to periodical imprisonment must, when they report on or 

after 27 April 2012, be informed that special remission of sentence has been 

granted. (Note: For general calculation purposes (therefore not only applicable 

to periodical imprisonment), 6 months must be regarded as 184 days, 18 

months as 549 days and one day as 24 hours); 

6.1.4 Offenders with pending further charges, who qualify for immediate release 

after calculation of the special remission of sentence, may not be released but 

must be detained as awaiting-trial on their available warrant(s). However, 

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where a court has granted such offender bail and bail has been paid, or warned 

to appear in court again at a later stage, such offender must be released. 

6.1.5 Special remission of sentence that is granted to an offender, probationer, day 

parolee or parolee may not be forfeited thereafter. 

6.1.6 In respect of sentences with the option of a fine, the special remission of 

sentence must be deducted from the sentence of imprisonment. The amount 

must be reduced proportionally. 

6.1.7 Offenders, who have been re-admitted to a correctional centre for the 

violation of correctional/parole supervision conditions, may benefit according 

to the original crime category. This is also applicable to parolees awaiting 

appearance before the CSPB’s in terms of Section 75(2)(a) of the 

Correctional Services Act, 1998 (Act No 111 of 1998). 

6.2 Offenders who qualify for unconditional release 

6.2.2 Offenders who qualify for immediate release with the allocation of the 

special remission of sentence must be categorized in release date 

sequence within the 10 week time frame as indicated above. The pre- 

release assessment and attendance of the compulsory pre-release 

programme must also be prioritized accordingly. 

6.2.3 The Head of the Correctional Centre must approve the amended 

unconditional date of release in respect of such offenders, irrespective of 

the length of sentence. Heads of Correctional Centres must verify upon 

approval of qualifying cases that such offenders indeed attended a pre- 

release programme. G373 Warrant for unconditional release must be 

issued accordingly. 

6.3 Offenders who have approved parole dates 

6.3.2 G326 forms with approved parole dates must be recalculated to 

ascertain the new parole period. 

6.3.3 Profile reports (G326) regarding placement on parole of offenders who 

after the granting of special remission of sentence qualify for immediate 

unconditional release must be regarded as cancelled. 

6.3.4 Offenders who don’t qualify for immediate unconditional release should 

be referred back to the Correctional Supervision and Parole Board 

(CSPB) - irrespective of who approved the previous parole - or the 

Head of the Correctional Centre (sentences up to 24 months) for a 

decision on a possible new parole date, provided that the offender may 

not be put in a worse position than before. 

If the CSPB/Head of the Correctional Centre decides to approve an earlier 

parole date, this new date may not be advanced to an earlier date than 

the prescribed minimum period of detention 

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6.3.5 Offenders, who qualify for earlier placement on parole as a result of this 

special remission of sentence, still have to conform to the basic requirement 

of having a fixed address which can be monitored before such placement 

may take place. Actions regarding the confirmation of support systems must 

be adequately intensified in order to prevent unnecessary delays in this 

regard. A draft letter that can be utilized in this regard is attached. (Area 

Commissioners must ensure that arrangements are made for the temporary 

deployment of personnel to confirm support systems, if necessary). 

7. PROVISIONS APPLICABLE TO PROBATIONERS AND PAROLEES IN 

THE COMMUNITY CORRECTIONS SYSTEM 

7.1 Probationers 

7.1.1 Probationers who benefit from this special remission of sentence may be released 

as from 30 April 2012 to 11 May 2012 to create capacity within the Community 

Corrections system. 

A recalculation of all applicable dates in respect of all probationers who qualify for 

this measure must be done. Should a probationer not benefit by the allocation of the 

maximum special remission of sentence, it must be allocated pro-rata. 

7.1.2 The number of hours of community service must be reduced proportionally in 

respect of each probationer and must be entered on the computer at “hours 

suspended” to calculate the number of hours of community service which still have 

to be served. 

7.1.3 Probationers sentenced in terms of Section 297 of the Criminal Procedure Act, 1977 

to perform community service must, when they report on or after 27 April 2012, be 

informed that special remission of sentence has been granted. (Note: For 

calculation purposes, 6 months must be regarded as 184 days, 18 months as 549 

days and one day as 24 hours). 

7.2 Parolees 

7.2.1 Parolees who benefit from this special remission of sentence may be released as 

from 30 April 2012 to create capacity in the Community Corrections system. 

A recalculation of all applicable dates in respect of all parolees who qualify for this 

measure must be done. If a parolee cannot benefit by the allocation of the 

maximum special remission of sentence, it must be allocated pro-rata. 

The Head Office’s Head of Community Corrections must inform the Divisional 

Commissioner of the South African Criminal Record Centre (CRC) in writing of the 

amendment. A draft letter that can be utilized in this regard is attached. A copy of 

this letter must be filed on form G373 (warrant). 

7.2.2 The number of hours of community service must be reduced proportionally in 

respect of each parolee and must be entered on the computer at “hours suspended” 

to calculate the number of hours of community service which still have to be served. 

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7.3 Community service 

7.3.1 If the sentence of a parolee or probationer expires immediately as a result of this 

special remission of sentence, the remainder of the community service which has 

been set as a condition will relapse. If the sentence expires on a later date, the 

community service must be continued with until such sentence expiry date. 

7.4 Correction/Care and Development programmes 

7.4.1 The Head of Community Corrections must timeously, in writing, inform the external 

institution/person, where a probationer/parolee is integrated in a programme, of the 

termination of the sentence. The probationer/parolee must be informed accordingly. 

Such probationer/parolee must be encouraged to complete the programme. After 

his/her written acknowledgement, a copy of such request must be filed on his/her 

file. 

7.5 Victims compensation/paying of maintenance 

7.5.1 If victim compensation has not been paid in full on expiry of the sentence, the 

probationer should be requested in writing to pay the outstanding amount to the 

victim as ordered by the court. This is also applicable in case of the payment of 

maintenance. After his or her written acknowledgement, a copy of the notification 

must be filed on his or her file. The registrar/clerk of the court must be informed 

accordingly in writing. 

7.6 Probationers/Parolees in rehabilitation centres 

7.6.1 Arrangements must be made with the relevant institution/external service providers 

for voluntary attending/continuation of the rehabilitation programme following the 

release of such probationer/parolee from the system of community corrections. 

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DEPARTEMENT KORREKTIEWE DIENSTE - Correctional Services

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