DEPARTMENT OF JUSTICE AND CORRECTIONAL SERVICES: REPUBLIC OF SOUTH AFRICA

MEDIA STATEMENT
10 July 2014
PAROLE DECISION ON EUGENE ALEXANDER DE KOCK
We have called this press conference to announce my decision on the parole application of Mr
Eugene De Kock. T his is an unprecedented stance that we have adopted in view of the
publicity that this matter has attracted.
On the 28th May 2014 I received an order from the North Gauteng High Court regarding
offender Eugene De Kock. In terms of the order I was required to consider the recommendation
made by the National Council for Correctional Services (NCCS) and to make a decision within
30 days. I used this time to peruse the offenders profile with all the relevant reports from the
professionals and relevant bodies, on which the NCCS recommendations are based, in order to
acquaint myself with the contents thereof.
We deem it appropriate that we start by outlining the parole process for the benefit of all South
Africans in the spirit of transparency.
Parole is an internationally accepted mechanism that allows for the conditional release of
offenders from a correctional centre into the community prior to the expiration of their entire
sentence of imprisonment, as imposed by the court. It is important to note that offenders do not
have a right to be placed out on parole, but merely a right to be considered for parole, after
having served the minimum required period for parole.

However, parole does not reduce the sentence imposed by the court. Offenders who are placed
on parole are expected to comply with set conditions and failure to comply with these may result
in the offender, depending on the frequency and seriousness of the violations, having his/her
parole revoked to serve the remainder of the sentence in a correctional facility.

When the offender is eligible to be considered for parole, the Case Management Committee
(CMC) prepares a profile for the offender. The CMC either recommends for parole or requests a
further profile, within a certain stipulated period. The CMC then sends the profile and its
recommendation to the Correctional Supervision and Parole Board (CSPB). The CSPB would
then make a recommendation on the offenders application for parole. Such recommendation
would be referred to the National Council for Correctional Services (NCCS). The NCCS is
tasked with, amongst others, making parole recommendations to the Minister on offenders
serving life sentences.
Mr De Kock is serving sentences including life for the murders of Jappie Kereng Maponya and
the Nelspruit 5: Oscar Mxolisi Ntshota, Glenack Masilo Mama, Lawrence Jacey Nyelende,
Khona Gabela and Tisetso Leballo. These are cases for which he (Mr De Kock) did not receive
amnesty from the Truth and Reconciliation Commission (TRC) in terms of the provisions of
Section 18 of The Promotion of National Unity and Reconciliation Act 34 of 1995.
I have considered the matter and noted the various positive reports compiled by the relevant
professionals and bodies. I have noted the progress he is reported to have made to improve his
skills while in custody as well as the assistance Mr De Kock is said to have provided and
continues to provide to the Missing Persons Task Team of the National Prosecuting Authority
(NPA).

Our country is a constitutional democracy which is governed by the rule of law. Therefore, in
reaching my decision, I have taken into account the relevant laws and prescripts that regulate
the parole process, in particular the provisions of the Correctional Services Acts (both Act 8 of
1959 and Act 111 of 1998 and the Correctional Services B Order Chapter 26 which requires the
Parole Board Clerk to inform victims of the date of the sitting.

During my consideration of the matter, it became doubtful to me whether the victims or their
families have been consulted, as required by the law in particular the Maponya and Leballo
families. This doubt was subsequently confirmed in a meeting which I held with these families
on 4th July 2014. The meeting was arranged to confirm whether they had been consulted or
granted an opportunity to make inputs or representations during the parole hearings by both the
Parole Board and the NCCS. After the meeting, it became clear that none of the affected
families of the victims were consulted. This specifically relates to the incidents in which Mr De
Kock was convicted and sentenced.
In light of the above, I am of the view that it is fair and in the interests of the victims and the
broader community, that the families of the victims are afforded an opportunity to participate in
the parole consideration process of the offender, as required by laws governing our parole
process.
In the circumstances, I have not approved parole at this stage but have directed that a further
profile be resubmitted not later than 12 months from today instead of the 2 year period
prescribed by law. This will afford the victims, the offender and other relevant structures time to
participate in and finalize all outstanding processes. This decision has already been
communicated to the offender.
Issued by: Minister of Justice and Correctional Services, Michael Masutha, MP (Adv).