Doctor Legum - LLD / In South Africa, prison authorities are not primarily concerned with the health of the prison population. This is evidenced by inter alia: the vast number of complaints regarding health care received by the Judicial Inspectorate of Correctional Centres; natural deaths in prisons reported annually; litigation regarding health care and treatment in prisons; and the notoriously poor conditions of detention which inevitably have a negative impact on prisoners' health. There is as a result a noticeable difference between state provided health care to the public and health care in prisons. This thesis is therefore aimed at unpacking what the right to health means in respect of terminally ill prisoners. This question has been overshadowed by issues regarding medical parole in South Africa and intermittently by calls for palliative care in prisons. Whilst these issues are relevant to their plight, there is a need to articulate the scope of the right to health of terminally ill prisoners. This is imperative as not all prisoners who are terminally ill are eligible for medical parole and there are instances where the granting of such parole may be impractical. An analysis of the right to health in relation to terminally ill prisoners will provide legal certainty as to the legal entitlements regarding health care for one of the most vulnerable groups in society. They will know what they may legally claim and what they cannot insist upon in terms of the law.

The rationale of this research is to present a scientifically founded comparative study regarding parole. The comparisons are summarised on a theoretical and fundamental basis regarding: Release on parole:: A Penological Comparative Study, in order to highlight the diverse approaches to parole by certain countries. In this study the statutary and policy making management methodology of parole by correctional systems and parole boards is couched in an overview of literature, using the historical development of parole as the general point of departure. Countries included in the research are, the United States of America, Australia and Britain with specific reference to Alabama, New York, Georgia, New South Wales, Queensland and Western Australië respectively The overview of literature and concommittant empirical investigation, defines and discusses specific and relevant legislation that culminates in the operationalisation and management of the granting of parole. The contemporary operationalisation applicable to the re-integration and treatment of the offender in the community is discussed and the reality in the practical exercise of supervision and control over the offender on parole, is also incorporated into this study. It is clearly discernable in the study that the South African parole system is based on international trends in which important influences emmanate from Australia and the United States of America During considerations regarding parole natural justice as a fundamental right of an offender is considered in light of the audi alteram partem rule. / Penology / D. Litt et Phil. (Penology)

The rationale of this research is to present a scientifically founded comparative study regarding parole. The comparisons are summarised on a theoretical and fundamental basis regarding: Release on parole:: A Penological Comparative Study, in order to highlight the diverse approaches to parole by certain countries. In this study the statutary and policy making management methodology of parole by correctional systems and parole boards is couched in an overview of literature, using the historical development of parole as the general point of departure. Countries included in the research are, the United States of America, Australia and Britain with specific reference to Alabama, New York, Georgia, New South Wales, Queensland and Western Australië respectively The overview of literature and concommittant empirical investigation, defines and discusses specific and relevant legislation that culminates in the operationalisation and management of the granting of parole. The contemporary operationalisation applicable to the re-integration and treatment of the offender in the community is discussed and the reality in the practical exercise of supervision and control over the offender on parole, is also incorporated into this study. It is clearly discernable in the study that the South African parole system is based on international trends in which important influences emmanate from Australia and the United States of America During considerations regarding parole natural justice as a fundamental right of an offender is considered in light of the audi alteram partem rule. / Penology / D. Litt et Phil. (Penology)