Abstract provided by author
(a) The Prisons Act[1] provides for the granting of parole to prisoners. It creates bodies[2] and gives other officials the mandate on administration of such release.[3] The Zonal Release Board and National Release Board are appointed by the Minister upon the request by the Commissioner - General. The two boards deal with the recommendations from the Prison Management Committee and Institutional Committee respectively as appointed by the Commissioner - General. According to the Act any prisoner may be considered for some form of conditional release during their sentence. However, the Act takes the stance that, just because a prisoner is eligible for release, does not mean that the release will be granted and the Minister is not obliged to give reasons why parole has been denied
Conditional release does not mean the sentence is shortened, however, this means that the remainder of the sentence may be served in the community under supervision with specific conditions. The Release Boards must assess an offender's risk when they become eligible for all types of conditional release. The philosophy behind parole procedures is that protection of society is the most important consideration of any release decision. The Statement of the problem below shows a number of problems that lie in the practice of the Department of the Correctional Service and the provisions of the Act. Against this background this paper aims to address the following areas of concern.. Whether parole is a right or privilege? Whether the discretional power of the Commissioner - General or the Minister' in refusing parole is subject to review in accordance with Article 18 of the Namibian constitution? Whether inmates do acquire the reasonable right to legitimate expectation in the parole process?
