Juvenile offender ‘still far from parole’
• Judge dismisses application as misplaced
Jonathan Maiba Kolela was sentenced to 14 years for a rape he committed when he was just 15.
A man who was convicted of rape as a 15-year-old in 2015 and sentenced to 14 years in prison has failed in a court application to be treated as a juvenile offender in his consideration for release on parole.
Jonathan Maiba Kolela argued in his application to the Windhoek High Court that, as a juvenile offender, he is entitled to be considered for parole as soon as he has served half of the term of his imprisonment.
However, the court ruled that Kolela - who was 18 when he was found guilty - was no longer a juvenile when he began serving his prison sentence.
"On the day of his [Kolela's] sentencing and admission to the Namibian correctional facilities, he was over 18 years of age. He must therefore serve at least two-thirds of his sentenced term before he can be eligible for consideration to be released on parole," Judge Shafimana Ueitele said in his ruling.
Kolela, who is in custody in Walvis Bay, did not have a lawyer during court proceedings and chose to represent himself.
"Kolela's argument that he should be considered for parole as a juvenile is misplaced. The Correctional Services Act of 2012 does not deal with the status or age of the accused person, but deals with people admitted to a correctional facility. I find that the date of sentencing and admission to the correctional facility are the facts to be considered for his release on parole," the ruling read.
Constitutional challenge
In his application, Kolela also challenged Section 114 of the Correctional Services Act, and requested that the court declare it unconstitutional. He argued that this violated Articles 8 and 10 of his constitutional rights.
This section states that offenders who have been sentenced to a term of imprisonment of less than 20 years can only be eligible for release on parole or probation if they have served two-thirds of their sentence.
Article 8 of the constitution ensures a person's right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, while Article 10 protects a person's right to equality and freedom from discrimination.
In his ruling, Ueitele said the relevant section of the Act does not violate either article of the constitution, and dismissed Kolela's application.
The case was filed against, among others, home affairs, immigration, safety and security minister Albert Kawana, Namibia Correctional Service Commissioner-General Raphael Hamunyela and Walvis Bay's correctional facility head Frank Winstaan.
–[email protected]
Jonathan Maiba Kolela argued in his application to the Windhoek High Court that, as a juvenile offender, he is entitled to be considered for parole as soon as he has served half of the term of his imprisonment.
However, the court ruled that Kolela - who was 18 when he was found guilty - was no longer a juvenile when he began serving his prison sentence.
"On the day of his [Kolela's] sentencing and admission to the Namibian correctional facilities, he was over 18 years of age. He must therefore serve at least two-thirds of his sentenced term before he can be eligible for consideration to be released on parole," Judge Shafimana Ueitele said in his ruling.
Kolela, who is in custody in Walvis Bay, did not have a lawyer during court proceedings and chose to represent himself.
"Kolela's argument that he should be considered for parole as a juvenile is misplaced. The Correctional Services Act of 2012 does not deal with the status or age of the accused person, but deals with people admitted to a correctional facility. I find that the date of sentencing and admission to the correctional facility are the facts to be considered for his release on parole," the ruling read.
Constitutional challenge
In his application, Kolela also challenged Section 114 of the Correctional Services Act, and requested that the court declare it unconstitutional. He argued that this violated Articles 8 and 10 of his constitutional rights.
This section states that offenders who have been sentenced to a term of imprisonment of less than 20 years can only be eligible for release on parole or probation if they have served two-thirds of their sentence.
Article 8 of the constitution ensures a person's right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment, while Article 10 protects a person's right to equality and freedom from discrimination.
In his ruling, Ueitele said the relevant section of the Act does not violate either article of the constitution, and dismissed Kolela's application.
The case was filed against, among others, home affairs, immigration, safety and security minister Albert Kawana, Namibia Correctional Service Commissioner-General Raphael Hamunyela and Walvis Bay's correctional facility head Frank Winstaan.
–[email protected]
Comments
Namibian Sun
No comments have been left on this article