If an offender is lawfully released on medical parole, but their health improves or even if they are cured, they cannot be forced to return to prison.
Articles on Equality before the law
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The court should have given the public a much clearer understanding of how it came to its decision, and what consideration it had given to public opinion.
The decision is likely to be relied on by courts to order the Department of Correctional Services to grant offenders parole.
After 1994 efforts were made to embed democracy. The focus was on policy and institution-building. What was missing was ensuring all South Africans were on board.
South Africa has many problems. But, as Jacob Zuma has found out, the strength of its rule of law and the independence of its judiciary should not be underestimated.
The Constitutional Court described Zuma’s lack of cooperation with the commission as “reprehensible”.
Claiming a right to determine reality by mere say-so is becoming increasingly commonplace, but we should never get used to it.
Top contributors
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Associate Professor in Public Law, University of Cape Town
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Senior Lecturer in Criminal Justice and Procedure, University of the Western Cape
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Professor of Public Affairs, Tshwane University of Technology
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Professor of Law, University of the Western Cape
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Emeritus Associate Professor in Public Law, UCT. Visiting Adjunct Professor, WITS School of Governance; Director, Africa Programme, University of Cambridge Institute for Sustainability Leadership, University of Cambridge
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Professor in Law and Security, University of Canberra; Stellenbosch University