Hans and Another v Minister of Correctional Services and Others (188/2012) [2012] ZAFSHC 63 (29 March 2012)

Hans and Another v Minister of Correctional Services and Others (188/2012) [2012] ZAFSHC 63 (29 March 2012)

The court found that applicants failed to establish any entitlement to the relief sought. Evidence showed that inmates have access to telephones as per the correctional centre's handbook, and no complaints regarding access were substantiated. Allegations of harassment and threats were denied and not supported by credible evidence; applicants declined safer accommodation. The request for access to a business chequebook was contrary to statutory provisions prohibiting business activities by inmates. Transfer applications were properly considered and denied, with no review application pending. The application was not a review and did not meet the requirements for interim or final relief....

Citation
[2012] ZAFSHC 63
Parties
Applicant: Sam Hans; Applicant: Zola Elvis Grootboom; Respondent: Minister of Correctional Services; Respondent: Commissioner of Correctional Services; Respondent: Head of the Correctional Centre Mangaung Maximum Security Prison
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 March 2012
Case Number
188/2012
Procedural Posture
Urgent Application / Final Determination After Hearing on Merits
Outcome
Application dismissed with costs.
Judges
J.P. Daffue
Legal Topics
Correctional Services Act, Interim Relief, Access to Court, Prisoner Rights, Costs Award
Administrative Law Civil Procedure Correctional Services Act Interim Relief Access to Court Prisoner Rights Costs Award

Case Brief

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Parties

Sam Hans

Applicant

Zola Elvis Grootboom

Applicant

Minister of Correctional Services

Respondent

Commissioner of Correctional Services

Respondent

Head of the Correctional Centre Mangaung Maximum Security Prison

Respondent

Procedural Posture

Urgent Application / Final Determination After Hearing on Merits

Legal Issues

  1. 1 Whether applicants are entitled to access telephones for contacting attorneys and family.
  2. 2 Whether applicants are entitled to protection from alleged harassment and ill-treatment by prison officials.
  3. 3 Whether first applicant is entitled to access his business chequebook while incarcerated.

Ratio Decidendi

The court found that applicants failed to establish any entitlement to the relief sought. Evidence showed that inmates have access to telephones as per the correctional centre's handbook, and no complaints regarding access were substantiated. Allegations of harassment and threats were denied and not supported by credible evidence; applicants declined safer accommodation. The request for access to a business chequebook was contrary to statutory provisions prohibiting business activities by inmates. Transfer applications were properly considered and denied, with no review application pending. The application was not a review and did not meet the requirements for interim or final relief....

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.
  • Applicants are ordered to pay respondents' costs in opposing the application, jointly and severally, the one to pay the other to be absolved.