AUTOFORUM

MISA comment - Revoking of parole a victory against GBV

Feb 05, 2025 MISA, the Motor Industry Staff Association, Martlé Keyter, Parole Board, Criminal Procedure Act (CPA).

MISA comment - Revoking of parole a victory against GBV

MISA, the Motor Industry Staff Association, is relieved and grateful that the pair responsible for the brutal attack on Allison Botha, one of the most horrific crimes in South African history, are back behind bars. Correctional Services Minister Pieter Groenewald’s decision to revoke the parole of Frans du Toit and Theuns Kruger comes 18 months after his predecessor Ronald Lamola made the bizarre decision to release them on parole.

Between July and September last year, 957 women and 315 children were murdered in South Africa. These grim facts reflects the horrific reality of the fate of women and children in South Africa.

The review of irrational decisions like this one, should not just be limited to Alison Botha’s case. MISA is convinced that there are many other victims like Botha whose attackers have been released on parole without allowing them the opportunity to give input in the decision. “If the victim’s input is ignored, it makes a mockery of Section 299A of the Criminal Procedure Act (CPA). This Section gives victims of crime the right to participate in parole proceedings. This includes the right to make submissions to the Parole Board about whether the offender should be released on parole,” says Martlé Keyter, MISA’s Chief Executive Officer: Operations.

According to Keyter the Correctional Services Act states that where a complainant or relative is entitled, in terms of the Criminal Procedure Act, to make representations or wishes to attend a meeting of a Parole Board, the National Commissioner must inform the Board in question accordingly and that Board must inform the complainant or relative in writing when and to whom he or she may make representations and when and where a meeting will take place.

Du Toit and Kruger, who violently assaulted, raped and slit the throat of Botha, were released on parole in July 2023 without her being notified beforehand. The men served 28 years of their life sentences for the attack on Botha in December 1994. They violently assaulted and raped Botha at Noordhoek outside Gqeberha in the Eastern Cape. Her neck was slashed, and she was stabbed 37 times in the stomach, disembowelled and left for dead.

On 25 September 2024, Botha suffered a massive aneurysm and underwent brain surgery. The health setback had cost Botha her career as she is unable to work.

According to Tania Koen, Botha’s attorney, she is relieved that her attackers are back behind bars.