In a concurring decision, the Namibia Supreme Court  yesterday dismissed an application by the man dubbed the ‘Swakopmund Butcher’ to be released on parole after spending the last 25 years in jail.

Thomas Adolf Florin (59) was sentenced to life imprisonment on 22 December 1999 after he was convicted of brutally murdering his wife in June 1998. 

Former Judge President Pio Teek sentenced him to life, and recommended that he not be considered for parole without spending at least 15 years in jail.  

Florin has been in custody since June 1998 after he was arrested for the gruesome murder of his wife Monika Florin (30) at Swakopmund. 

The court concluded that he murdered his wife by hitting her with a hammer on the head and thereafter cutting up her body, stripping it of its flesh, cooking the remains and hiding her bones in the ceiling of their home. 

He then applied to the court to be released on parole after serving 15 years and argued that he was eligible as he was sentenced under the 1959 Act which made provision for lifers to be released on parole after 10 years. This was dismissed. 

In an appeal to the Supreme Court, it was confirmed that he was sentenced under the 1998 Act, which allows parole after 25 years only.

Acting Appeal Judges Dave Smuts, Theo Frank and Esi Schimming-Chase found that the issue of parole for life-serving inmates was already decided in 2016 when it was confirmed that the 2012 Correctional Facilities Act governed parole eligibility, and is binding.

Senior Counsel Roelof du Plessis, assisted by Advocate Apie Small, both from Pretoria, South Africa, who represented Florin in his application, also wanted the Supreme Court to declare that the Namibia Correctional Service’s position that foreign offenders cannot be released on parole if they do not have permanent residence in Namibia is unconstitutional and unlawful. 

As a result, they want Florin eligible for parole immediately. This was also dismissed. The Appeal Judges further dismissed an application by Florin to declare the National Release Board’s policy of restricting full parole to Namibian residents and permanent residents as unconstitutional, as it constituted unfair discrimination. A challenge to section 117(2) and regulation 281, which prescribe the period a lifer must remain in jail before being eligible for parole as harsh and unconstitutional, was also dismissed by the appeal judges. 

Although the appeal to the Supreme Court was unopposed by the State, the Supreme Court found that full parole requires supervision and monitoring, which is not feasible for foreign nationals who are subject to deportation, making enforcement of parole conditions impossible. 

“The Board’s policy of differentiation between foreign nationals without permanent residence and Namibian citizens was rationally connected to a legitimate government objective of ensuring effective supervision and reintegration of offenders, Judge Smuts, who wrote the judgment, stated.  Florin is eligible for probation in April 2025, an enquiry from the Correctional Services confirmed. Probation is where an offender is released, granted immigration status, monitored and supervised by the Correctional Services in Namibia. -rrouth@nepc.com.na