Within the formidable walls of Kgosi Mampuru II Correctional Centre in Pretoria, inmate Ziggy Xolanele Ndhlovu is continuing his fight for freedom, contending that a misclassification as a foreign national has hampered his eligibility for parole.
Serving a 16-year sentence since 2014 for attempted murder, impersonation of a police officer, and possession of an unlawful firearm, Ndhlovu asserts that his true citizenship status is being overlooked, which he believes unjustly thwarts his chances of release.
In a court session held on 28 November 2024, the Gauteng High Court in Johannesburg rejected Ndhlovu’s urgent application for parole, which he sought to have granted within a mere seven days. However, in a significant turn of events, Judge J Adams ordered that the authorities at Correctional Services must thoroughly verify Ndhlovu’s claim of South African citizenship and rectify his records within the next month.
During the court proceedings, Ndhlovu expressed his frustration regarding a scheduled meeting with the Correctional Supervision and Parole Board on 12 November 2024, where he faced a sudden and unexpected decision that denied his request for parole. The crux of his argument rests on his assertion that the classification as a foreign national is not only erroneous but also a key reason for denial of his parole application. This misclassification, he claims, disqualifies him entirely from consideration for early release.
“They told me my address wasn’t verified, but that’s not the only problem,” Ndhlovu recounted in court. “I am being treated as a foreign national when I know I am South African. This label limits my rights as an inmate.” He reiterated his belief that official records inaccurately represent him, supported by an order from August 2024, which required Correctional Services to verify his identity document. Despite his assertions and evidence presented, Ndhlovu maintains that the department has failed to act on this verification positively.
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Ndhlovu argued passionately during the court session that being labelled as a foreign national comes with dire consequences, including potential deportation to a country he does not recognise as his own. He believes that the allegation against him represents not just a clerical error but a systemic failure that disregards his true identity and the rights that come with it.
Despite the court dismissing Ndhlovu’s urgent application, stating that he had not exhausted internal remedies available under the Correctional Services Act, the ruling was not entirely unfavourable. The mandated verification process could pave the way for a clearer path to parole in the future, should his claims of South African citizenship be established.
