Releasing 12 inmates, a step in the right direction — Lawyer

By Thokozani Mazibuko

The recent release of 12 inmates, including long-serving prisoners, has been hailed by human rights lawyer Sibusiso Nhlabatsi as a progressive step toward a more humane and rehabilitative justice system in Eswatini.

Nhlabatsi said the move mirrors parole systems used in other countries, where reformed offenders continue serving part of their sentence within their communities rather than behind bars.

“If we compare this to other jurisdictions, what we are seeing now is similar to a parole system,” he told Eswatini Sunday in an interview. “It’s a positive step in ensuring that our correctional system truly reforms individuals rather than simply detaining them.”

The lawyer emphasized that the ultimate goal of correctional services should be rehabilitation and reintegration, not indefinite confinement. He warned that prolonged incarceration of individuals who no longer pose a danger to society often becomes counterproductive and psychologically harmful.

“For someone who has been incarcerated for 30 years, it makes sense from a human rights perspective to consider pardon or parole,” he added. “This aligns with international human rights standards.”

Nhlabatsi acknowledged that the decision to pardon inmates by royal decree may draw controversy but noted that King Mswati III has a long history of exercising clemency during national celebrations, including his birthday and Independence Day.

“This is not the first time His Majesty has shown compassion,” he said. “It’s just that this year’s pardon has attracted more public attention.”
He suggested that such practices be formally integrated into national law.

“Going forward, these measures should be written into the Prisons Act, with clear policies on how prisoners who have served most of their sentences can be reintegrated into society under supervision,” Nhlabatsi said.

The 12 inmates were among those pardoned and released this week under a royal directive, an act that the Eswatini Human Rights Commission described as “a welcome gesture toward restorative justice.”

Lawyer Nhlabatsi says the move could signal a gradual shift in Eswatini’s correctional philosophy from one focused on punishment to one centered on rehabilitation and reintegration.

As the Kingdom of Eswatini evaluates the recent release of a dozen inmates under a royal decree, questions have emerged around two foundational legal concepts: the pardon and parole.

Legal experts say that understanding both is crucial to assessing not only what has occurred, but what it could signal for the future of the correctional system.

What is a pardon?

A pardon is an official act by a government or head of State that exempts a convicted person from serving part or all of their sentence while the underlying conviction remains intact. According to a United Nations working paper, “a pardon

… remits the penalty but does not expunge the underlying conviction.”? In many jurisdictions, pardons are used for reasons of mercy, rehabilitation, disproportionate sentence, wrongful conviction or humanitarian grounds.

In Eswatini’s context, the recent release of 12 inmates came under a royal “pardon”, meaning their sentences were cut short or their detention was altered by decree, rather than a judicial process of early release.

What is parole?

Parole differs significantly. Under a parole system, a prisoner who has served part of their sentence is released into the community under supervision, subject to specified conditions, and remains technically still serving their sentence while outside the prison walls. For instance,

one paper defines parole as: “the conditional release of a prisoner from a correctional institution after he has served the minimum term of his sentence.”

Thus:
Parole = release before full sentence, conditional, with supervision.
Pardon = remission of sentence, often unconditional or subject to fewer conditions, typically at the discretion of executive authority.

One international resource notes that in many jurisdictions, parole may come after a defined portion of the sentence is served (for example, two-thirds) if the inmate’s conduct has been good and the risk of re-offending low.

What is the positive side of a pardon?

From a human rights and correctional policy standpoint, pardons (properly applied) can offer several benefits:

1.Human-rights alignment — The Nelson Mandela Rules, adopted by the United Nations General Assembly, state that persons deprived of their liberty must be treated with dignity and given prospects of release.

If someone has served a long term, demonstrated reform, and no longer poses a threat, continuing detention may violate the spirit of those standards.

2.Rehabilitation focus — A pardon communicates that the system is not solely punitive. It acknowledges that people can reform, regain responsibility, and re?enter society. This aligns with modern penological thought that detention should aim to reform, not just punish.

3.Prison-population management — Pardon (and parole) are tools to reduce overcrowding, relieve pressure on correctional facilities and allow resourcing to focus on those who need secure supervision. For example, a UN report on Botswana noted that the prerogative of mercy (pardon) was one of the measures used to prevent overcrowding.?

4.Incentive for good behaviour — Knowing that pardon or early release is possible can motivate inmates to participate in rehabilitation programmes, maintain good conduct and plan for reintegration.

5. Individuals who have been rehabilitated can contribute positively to their families and communities. Rather than remain idle, they can resume work, support dependents, and rebuild their lives. As noted in a study of parole systems: “behavioural aspect – persons who undergo the parole process are less likely to re-offend, while the economic aspect of paroling a prisoner puts the person back on society, making [them] able to earn a living.”

Why it matters for Eswatini

In Eswatini’s case, the recent pardon of 12 inmates has drawn attention because it illustrates the Kingdom possibly shifting from purely custodial detention to a corrective model emphasising reintegration and supervision.

The use of a pardon, especially after long sentences, highlights the government’s recognition that reform and rights matter not only confinement.

The positive side is clear: for inmates who have shown reform, release under supervision or by pardon can serve both individual justice and public good. It also aligns Eswatini more closely with international corrections standards.

However, a policy expert who preferred anonymity cautioned that for the full benefits to materialise, as such measures should be embedded in law (such as via the Prisons Act) with clear guidelines, criteria, supervision mechanisms and safeguards against risk.

Pardons and paroles are distinct but complementary instruments. A pardon offers discretionary mercy, often reducing or eliminating the remainder of a sentence; parole offers a conditional early release into the community under supervision.

The positive aspect of a pardon is multi-fold: aligning with human rights norms, rewarding reform, reducing prison pressure, and enabling reintegration.

For Eswatini, the recent use of the pardon mechanism may mark an important step away from purely punitive incarceration towards a more rehabilitative correctional approach.