PROGRESSIVE WOMENS MOVEMENT OF SOUTH AFRICA

WOMEN MARCHING FOR EQUALITY, DEVELOPMENT AND PEACE

gautengchapterpwmsa@gmail.com

Adv Michael Masutha (MP)

Minister for Justice and Correctional Service
Private Bag x276
Pretoria
0001
Honourable Minister
PETITION TO OPPOSE OSCAR PISTORIUS IMMINENT RELEASE ON
PAROLE DURING THE WOMENS MONTH, AND TO REQUEST THE
MINISTER OF JUSTICE AND CORRECTIONAL SERVICE NOT TO
APPROVE THE PAROLE BOARDS RECOMMENDATION
1. Concern about the imminent release of Oscar Pistorius during the
Womens Month
We are deeply concerned about the news that the Prisons Parole Board has
approved an unsolicited placement of Oscar Pistorius under correctional
supervision with effect from 21st of August 2015. We are shocked about the
insensitiveness of the Parole Board to release Oscar Pistorius during
Womens Month. This decision of the Parole Board is outrageous and an
affront to the aim of Womens Month.

We respect the judgment by Judge Masipa despite the fact that we do not
agree with it as a result of the gross irregularities that occurred during the
proceedings. Oscar Pistorius defence that he thought there was an intruder in
his house as against the fact that Reeva had locked herself in the toilet in the
middle of the night, which is inconsistent with the conduct of intruders, should
not have been accepted as raising reasonable doubt in relation to the charge
of murder. We were hopeful that the National Prosecution Authoritys appeal
against the verdict and sentence will result in a trial de novo.
It is our submission that the imminent release of Oscar Pistorius during
Womens Month is double jeopardy to women who are under the siege of
violence.
2. The implication and impact of the decision of the Prisons Parole
Board on violence against women and children
As you are aware, the greatest scourge and tragedy of our beautiful country
and democracy is violence, especially violence against women and children.
The South African government has developed laws and programmes to
address this scourge; however this has not led to a sustained behavioural and
societal change. Violence against women continues unabated because the
criminal justice system disregards the extent and impact of violence,
especially violence against women and children. The criminal justice system
promotes the rights of male perpetrators above the rights of all others and in
the application of the law, double standards are followed... Therefore the
application of laws and structures such as the judiciary, the parole board and
other role players within the criminal justice system, must change.
South Africas official crime statistics for 2012/13 sets out a brief overview and
analysis of the key crime trends for the period 1 April 2012 to 31 March 2013
as recorded by the South African Police Service (SAPS). The official crime
statistics for 2012/13 highlighted that the most notable aspect of the crime

statistics for 2012/13 was that for the first time in six years there was an
increase in both the number and rate of murders and attempted murders.
However the challenge introduces by these statistics is that they do not
differentiate between femicide and general murders.
It is submitted that crime, especially murder will always be high because
perpetrators believe that the courts and Parole Boards will be their defenders,
therefore they can continue killing and serve short insignificant sentences that
are not a deterrent, while women serve life sentence for the same crime. This
gives the perception that, a womans life is worth nothing to those in the
criminal justice, weight.
3. The legitimacy of the decision to release Oscar Pistorius during the
Womens Month
The system of parole has been accused of not being transparent and
discriminating against women victims and offenders, therefore to determine
the legitimacy of this decision, we request a report on the composition on race
and gender of the Case Management Committee in terms of Section 42(1) of
the Correctional Services Act 111 of 1998 that prepared the profiles for the
Parole Board to recommend parole and the composition on race and gender
of the Parole Board. We also request the following information:
i. The date the profiles were developed?
ii. How many other profiles (including race and gender) were developed on
that day and during that period?
iii. How many were recommended for parole and why?
iv. How many were not recommended for parole and why?
4. Request that you reject the Parole Boards recommendation for the
release of Oscar Pistorius during the Womens Month
The policy on parole requires that when consideration is given to releasing an
offender the potential risks related to such a placement are thoroughly

considered and specific measures are put in place to ensure that the
necessary control and supervision will be exercised over the offender until
expiration of sentence. Irrespective of the period served, an offender would be
found unsuitable for parole placement if he/she poses a real threat or danger
to the community. It provides that in such a case it is advisable that the
offender preferably serve a greater part of his/her sentence in a Correctional
Centre.
It is our view that, Oscar Pistorius was reckless and negligent. He admitted
in court that he discharged a firearm during lunchtime in a restaurant with
approximately 220 people. He lied and refused to take responsibility for his
actions by asking his friend, Fresco to take the blame for what had happened
as he wanted to avoid bad publicity in the media.
The policy that provides that an offender will have to serve at least one-sixth
of his sentence before applying to be placed under correctional supervision
should not be applied as a fit-one-fit-all approach. Violence against women
and children is rife in South Africa, therefore such

crimes, despite the

sentences they attracted as a result of the technicalities, must be treated with

the seriousness it deserve.
Further, whilst we acknowledge Oscar Pistorius constitutional right to be
considered for parole like any other offender, it is our submission that placing
him under correctional supervision during Womens Month will be an insult to
the victims of women and child abuse and the women of South Africa in
general. We therefore request that you consider not approving the
recommendation of the Parole Board to place Oscar Pistorius on
correctional supervision during the month of August as this month is
dedicated to celebrate the achievements and highlight the challenges
women face in South Africa.
We request you Minister Michael Masutha to reject the proposal to release
Oscar Pistorius. This is not emotional but factual. Violence Against Women
will not be eradicated if this is the attitude of the criminal justice system.

The contact persons: PWMSA-GP Convener Mme Jacqui Mofokeng

0795279270.
Dream Team Foundation; Mme Julia Mashele 0827211118 or 0743211994.
Cosatu PWMSA-GP Co convener ;Mme Pinky Mnguni 0788893419 or
0837494911
SACP; Mme Moipone Qhomane 0795559253
SANCO; Mme Phumzile 0724735735
Young Women Development;Mme Keneilwe 0765816082 or 0744238055
Faith Based Organisations; Bishop Thabile 0790686709
SACONO; Mme Tintswalo Makhubela 0826809900.
Women in Busuness Forum;June Matlala 0823250089
A number of NGO'S CBO'S and Institutions.
Regards
Mme Jacqui Mofokeng
PWMSA-GP Convener