The correctional services department cannot force two of the “Waterkloof four” to go back to jail, Minister Nosiviwe Mapisa-Nqakula has said.
“Only the court can force or determine if they have to go back to jail,” the Star on Tuesday quoted her telling reporters at Pretoria Local Prison.
Reinach Tiedt and Gert van Schalkwyk were released on December 16, 2011, three years into their 12-year sentence for the death of a homeless man in 2001. They had their 12-year jail terms commuted to correctional supervision, following a recommendation by the parole board at Zonderwater Prison near Cullinan.
The department was investigating how this happened, and had suspended three parole board members and two prison officials.
“The investigation is aimed at determining if there was any collusion between members of the parole board and correctional services officers. We want to determine what actually went wrong,” the Star quoted her as saying on Monday.
Correctional services commissioner Tom Moyane is challenging their release in court.
According to court documents he says the decision made by regional magistrate, Peet Johnson, to release the two, should be reviewed and set aside.
Moyane alleges Johnson did not keep to the terms of the Criminal Procedure Act. — Sapa