By Lehlohonolo Lehana.
The Supreme Court of Appeal ruled in favour of an inmate who challenged the Department of Correctional Service’s policy which limits the use of laptops in cells for academic purposes.
The court ruled that inmates must be allowed, on stipulated conditions, to access their laptops from their prison cells without a modem.
The Department previous policy either prohibited or limited computer use by inmates who have registered to study.
In a statement on Wednesday, the SCA confirmed the ruling in favour of Malenhle Ntuli, a prisoner at the Johannesburg Medium C Correctional Centre.
Justice Minister Ronald Lamola and the commissioner of correctional services appealed a previous ruling by the High Court in Johannesburg on the rights of prisoners to further their education.
While conceding that prisoners had a right to further education under section 29 of the Bill of Rights, the minister and commissioner argued that allowing prisoners to keep laptops in their cells would create a security threat.
Ntuli was enrolled in a computer course and wanted the use of a personal computer in his cell for study purposes.
His request was rejected as it conflicted with the department’s policy.
Ntuli then challenged the policy at the high court.
“The SCA examined the policy and its objective and noted that the policy permits a prisoner to use a personal computer for their studies, but only in a designated room and during certain specified times, “the SCA said in its ruling.
“The SCA examined the blanket exclusion set out in the policy as well as the justifications proffered by the appellants, namely that sufficient access was provided during the hours set out in the policy and that security concerns militated against allowing electronic devices in cells.”
“However, the SCA was of the view that these justifications were insufficient to warrant limiting Ntuli’s fundamental rights.”
The department has been ordered to revise the policy in consultation with the Judicial Inspectorate for Correctional Services.
“In the interim, the SCA ordered that prisoners, on stipulated conditions, must be permitted access to their personal computers in their cells to pursue further education courses,” the court said.
The SCA dismissed the appeal and ordered that the minister and commissioner pay the costs.