Supreme Court hearing over prisoners’ computer rights in South Africa

The Supreme Court of Appeal is to hear arguments about the use of personal computers by prisoners.

Present policy either prohibits or limits computer use by inmates who have registered to study. But in two previous matters, judges have ruled that this constitutes unfair discrimination. These rulings have now been taken on appeal by the Minister of Justice and Correctional Services, the National Commissioner, and the heads of the relevant prisons.

Ntuli is serving a 20-year prison sentence for robbery. He registered as a student at Oxbridge Academy to do a data processing course. But Acting Judge Molefe Matsemela said computers could be screened, and the respondents had not provided any evidence of security breaches.“Prisoners should be encouraged to obtain further education. Whereas previously the purpose of sentencing has been predominantly aimed at punishment, the importance of rehabilitation is now at the forefront. It is, after all, in the interests of society that ex inmates are able to function fully in society,” Judge Matsemala said.

In the Ntuli matter, LHR says, the court set aside the prohibition on computers in cells in terms of the prison’s education policy “but otherwise left the policy intact, including all of its requirements and protections”. JICS says the right to education is one of the substantial rights which may not be denied or limited and personal computers are a necessary tool.

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