PRISONERS CAN USE COMPUTERS IN THEIR CELLS : SA CONSTITUTIONAL COURT

In a victory for prisoners across South Africa, the Constitutional Court ruled that they can use their computers to study in their cells, provided that they are registered students and that the computers are without a modem.

In a unanimous judgment, the court declared the current policy of Correctional Services that bars inmates from using their laptops or computers for studying purposes unconstitutional. The department was given a year to promulgate a revised policy.

In the meantime, the Concourt ordered that studying inmates may use their laptops in their cells. The Court, however, made it clear that this case is concerned only with the rights of prisoners to personal computers for educational purposes.

“Nothing in this judgment should be regarded as expressing any view on the justifiability of restrictions on the use of personal computers in cells for any other purposes,” the court said.

It also made it clear that those using laptops in their cells to further their studies will be required to make them available for inspection at any time. If there is a breach of the rules, the inmate can lose their privileges in this regard.

The landmark judgment followed an application launched in 2018 by a prisoner, Sidney Ntuli, challenging the provisions of the department’s policy prohibiting the use of personal computers in prison cells.

While the department said he and other inmates are free to use the computers in the prison’s study facilities, Ntuli said he has limited access to this as he is mostly locked up.

The computer room is only open for limited hours a day, and Ntuli said he is permitted to be outside his cell for only six hours per day.

In September 2019, the court handed down judgment in favour of Ntuli. It found that the policy unfairly discriminated against him and was an unjustifiable limitation of the right to further education of incarcerated persons, and therefore inconsistent with the Constitution. IOL

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