DOCUMENTS

ConCourt opens door to release of Mofokeng & Mokoena - Parliament

Committee says release would be a last step towards ending tragic miscarriage of justice (Apr 1)

National Council of Provinces (NCOP) Committee welcomes Constitutional Court ruling paving the way for the release of Mr Fusi Mofokeng and Mr Joseph Mokoena

1 Apr 2011

The Select Committee on Petitions and Members Legislative Proposals welcomes the Constitutional Court ruling paving the way to the release of Mr Fusi Mofokeng and Mr Joseph Mokoena who have served 18 years in the Kroonstad Prison after a conviction for murder in 1993, under the doctrine of common purpose, despite maintaining their innocence.

 "We are indeed happy with the Constitutional Court judgement and the response of the Minister of Correctional Services to the case of Mr Mofokeng and Mr Mokoena. The situation of these two prisoners is a clear indication of the travesty of justice under apartheid and utter disregard of the rights of our people by the apartheid regime," says the Honourable Mr Jomo Nyambi (MP) who is the Chairperson of the Select Committee on Petitions and Members Legislative Proposals and played a central role in advocating for the release of the two prisoners.

"The release of Mr Mofokeng and Mr Mokoena is one of the last steps that our nation is taking to put an end to a tragic past that destroyed many people's lives, including the two who have spent almost two decades in prison for a crime they did not commit. It is unfortunate that it has taken almost a decade for them to rejoin their families and pick up the pieces of whatever is left of their lives," added Mr Nyambi.

The Select Committee on Petitions and Members Legislative Proposals will attend the release of Mr Mofokeng and Mr Mokoena tomorrow, Saturday, 2 April 2011 at 11h00 at the Kroonstad Prison.

Mr Mofokeng and Mr Mokoena applied for amnesty to the Truth and Reconciliation Commission but their request was turned down because they insisted on their innocence.

A member of the public petitioned the Chairperson of the National Council of Provinces (NCOP) who referred the matter to the Select Committee on Petitions and Members Legislative Proposal for further processing and report. Pursuant to the petition, the Committee took the issue up with the Ministries of Correctional Services and Justice and Constitutional Development. After the Constitutional Court judgement, the Minister of Correctional Services issued instruction that Mr Mofokeng and Mr Mokoena be released on Saturday, 2 April 2011. The plight of Mr Mofokeng and Mr Mokoena received wide media coverage and was debated in various current affairs programmes in the South African media.

Statement issued by Jomo Nyambi and Zama Mvulane, Parliament of South Africa, April 1 2011

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