Court orders a third parole hearing for killer Donovan Moodley

The Johannesburg high court on Wednesday ordered justice and correctional services minister Ronald Lamola to reconstitute an entirely new parole board to reconsider murderer Donovan Moodley’s application for parole, “by no later than March 29 2024”. 

Moodley, who has already been through two parole hearings, approached the high court to appeal the findings of both, claiming that proceedings had been unfair and asked that the decisions to deny him parole be set aside. 

Moodley was arrested for kidnapping Bond University student Leigh Matthews on campus the day after she turned 21, in 2004. He extorted R50,000 ransom from her father before forcing her to strip naked and then shooting her four times with special ammunition.

The court found that Moodley, who pleaded guilty in 2005, had not acted alone and sentenced him to life in prison. Moodley, who originally denied having accomplices, has changed his story over the years but has been doggedly determined to apply for parole after a 2019 change in law made him eligible to apply for parole despite his life sentence. 

In his most recent application, Moodley asked the court to substitute the parole board decision that he remain in jail with a recommendation that he be released, arguing that he had already been incarcerated longer than necessary. But judge Stuart Wilson had a different view. 

“I do not think that a further attempt to consider Mr Moodley’s entitlement for parole will cause an unjustifiable delay. He is, after all, serving a life sentence.

“That means that he must spend the rest of his natural life in prison unless his release on parole can be justified. If the parole board’s present record of incompetence is sustained, there will come a point at which the delay in considering Mr Moodley’s entitlement for parole may naturally outweigh any other consideration.

“But I do not think that point has yet been reached. For the time being, the burden remains on Mr Moodley to show that he should be released,” Wilson said.

Wilson was referring to both parole hearings, which he had set aside.

The first was because the board had failed to adequately record the proceedings and documents before the court were incomplete.

The findings of the second hearing were set aside after Moodley’s legal counsel, who attended the hearing with him, was snubbed and treated poorly by the board. Also,  one of the panel members fell into a deep sleep for a considerable period during the hearing and therefore could not have given a fair and meaningful contribution to the final decision. 

“To have to go through three parole hearings in less than three years is really stressful for us as a family,” said Rob Matthews, Leigh’s father. “It’s unfair from every angle and not good for victims. But I do believe the judge had no choice and this does seem to be a good decision,” Matthews said. “But it is good to know that victims do have a voice in the process and we can be heard.” 

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