Important court ruling about allowing South African prisoners to have computers in their cells

The Constitutional Court of South Africa has ruled that inmates in the country’s prisons should be allowed computers in their cells, but this only applies to registered students.

Moreover, the court ruled that they should not be able to access the Internet. In a unanimous ruling, the Constitutional Court said the above applies only to prisoners who want to study.

It found that it was unconstitutional to deny prisoners the use of PCs if they are studying for a qualification.

Judge Steven Majiedt instructed the National Commissioner of Correctional Services, Makgothi Samuel Thobakgale, to change the Department of Correction’s policy to accommodate the change.

“The Policy Procedure Directorate Formal Education, as approved by the second applicant and dated 8 February 2007, is unconstitutional and invalid to the extent that it prohibits the use of personal computers in cells for purposes of further education,” he ruled.

“The order of constitutional invalidity is suspended for 12 months from the date of this order.”

Judge Majiedt instructed Thobakgale to prepare and promulgate a revised policy consistent with these principles within the 12-month timeframe.

He ruled that any inmate registered as a student with a recognised tertiary or further educational institution who reasonably needs a computer to support their studies is entitled to use their personal computer in their cell.

However, he noted that they will still be unable to use a modem in their cell.

“Any registered student who keeps a personal computer in their cell must make it available for inspection at any given time to the head of the correctional centre or any representative of the second applicant,” Majiedt wrote in his ruling.

“In the event of a breach of the rules… the head of the correctional services centre may, after considering any representations the inmate may make, direct that the inmate may not use their computer in their cell.”

He also ordered the Department of Corrections to pay, jointly and severally, the costs of the court application, the costs in the Supreme Court of Appeal (SCA), and the High Court.

Two failed appeals

The Constitutional Court ruling comes after the SCA ruled that barring prisoners from using personal computers in their cells is unconstitutional and contravenes their right to further education.

It ordered the Minister of Justice and Correctional Services, Mmamoloko Kubayi, and the Commissioner Thobakgale to review the policy within 12 months.

The Department of Corrections appealed this ruling to the Constitutional Court of South Africa.

Kubayi and Thobakgale brought the case before the SCA after the Johannesburg High Court ruled that the no-computer policy in cells was unconstitutional and amounted to unfair discrimination.

The case was launched on behalf of Mbalenhle Sydney Ntuli, an inmate serving a 20-year sentence for robbery.

Ntuli had complained about struggling to complete his data processing course as he couldn’t work from his cell, where he spent most of his time.

The minister and commissioner argued that letting prisoners keep laptops in their cells would create a security threat.

Acting High Court Judge David Unterhalter said the no-computer policy in cells infringed on Ntuli’s right to further his education.

“Mr Ntuli’s is a particularly clear case of infringement because access to a computer is so intrinsic to computer studies. There may be other courses of study where this is less so,” he wrote in his ruling.

“I observe that ever more educational materials are available in electronic form, and such materials are most conveniently and economically accessed on a computer.”