/ 12 August 2005

Rape of toddler ‘not a sign’ of remission failure

The assault and rape of a three-year-old Cape Town girl this week, allegedly by a former inmate, is not an indication of failure of the Department of Correctional Services’ remission-of-sentences programme.

In a statement issued on Friday, the department said it is ”incorrect” to state that the remission of sentences is a failure because of the rape incident and other repeat offenders.

Of the 67 800 prisoners released, the department said only 150 have been rearrested, which is less than 1% of those released.

”We have consistently stated that anyone who reoffends after having gained from the remission of sentence will be shown no mercy by the law,” said Minister of Correctional Services Ngconde Balfour.

”Such persons have turned their backs on society who gave them a second chance in life and they must now face the consequences of their actions.”

The department said the alleged rapist, who appeared in the Wynberg Magistrate’s Court on Wednesday, was released from incarceration in June under the remission programme.

He had been granted the six-month remission and not the 14-month one, as the latter was reserved for offenders not guilty of aggressive, sexual, firearm and drug-related crimes.

Balfour said the alleged perpetrator had been convicted of indecent assault under Section 276(1)(i) of the Criminal Procedures Act, and his sentence was due to end in September.

”This legislation determines that an offender could be considered for placement under correctional supervision after having served one-sixth of his or her sentence,” said Balfour.

”In this case, the offender was incarcerated for more than the required minimum period and was thereafter placed under correctional supervision.”

He said the man was taken back into custody when he violated his correctional supervision conditions by failing to attend compulsory rehabilitation programmes.

”As correctional services, we have to enforce sentences handed down by the courts. We cannot hold people once the warrant for their sentence is completed,” the minister said.

He expressed his condolences to the victim’s family, saying the department will continue to ensure that the ”strongest measures possible” are taken against those who reoffend. — Sapa