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n Journal of Public Administration - Nascent policy framework regulating medical parole

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Abstract

One of the most important trademarks of any democracy such as South Africa is the availability of policies which regulate all processes. These policies are a culmination of concerted efforts and unequivocal ability of legislators and policy makers to develop policies which are adequate in ensuring equality and the application of any law in letter as well as in spirit. A lack of such adequacy leaves behind traces of doubt as to the ability of government machinery and the extent to which a human society has civilised. However, any policy which fails to uphold equality in a modern democracy is certainly indicative of a moral and constitutional failure to report, analyse and take corrective action system (fracas). In the same breath, policy regulating medical paroles in South Africa should be able to ensure that all sentenced offenders who due to medical reasons qualify for recourse are able to enjoy such irrespective of political connection or their financial status in society. Any inequality based on the aforesaid cannot be purified by logical thinking. The theory behind medical parole is the fulfilment of the right to dignity of the individual and cannot be compromised merely on policy inadequacy. It is against this background that this article endeavours to analyse the decisions made by the Correctional Supervision and Parole Boards within the Department of Correctional Services. The literature in this regard is critically analysed with a view to establishing whether the policy framework within which these decisions are made is applied equally and consistently without fear or favour. In addition to a literature study, this article will pursue case law as a case study reflecting the decisions of the courts pertaining to medical paroles.

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/content/jpad/46/4/EJC120843
2011-12-01
2016-12-07
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