Mncube and Another v Minister of Correctional Services and Others (119373/2024) [2024] ZAGPPHC 1157; 2025 (1) SACR 412 (GP) (12 November 2024)

Mncube and Another v Minister of Correctional Services and Others (119373/2024) [2024] ZAGPPHC 1157; 2025 (1) SACR 412 (GP) (12 November 2024)

The court found that the first applicant's continued detention in C-Max beyond the prescribed 18-month period was unlawful, as no application for extension was made in accordance with the Standard Operating Procedures. The respondents' justification based on the high-profile nature of the case was not supported by the SOPs, and no evidence distinguished the applicant from co-accused not held in C-Max. The applicant established a prima facie right to relief, with ongoing unlawful detention likely to cause irreparable harm to his mental health. The balance of convenience favoured granting the interdict, as the applicant would remain in a maximum-security facility and stand trial, while the...

Citation
[2024] ZAGPPHC 1157
Parties
Applicant: Mthobisi Price Mncube; Applicant: Fisokuhle Ntuli; Respondent: Minister of Correctional Services; Respondent: National Commissioner, Department of Correctional Services; Respondent: Regional Commissioner, Gauteng Province; Respondent: Area Commissioner, Kgosi Mampuru II Correctional Services; Respondent: Head of Center, Kgosi Mampuru II Correctional Services; Respondent: Head of C-Max Kgosi Mampuru II Correctional Services
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 November 2024
Case Number
119373/2024
Procedural Posture
Urgent Application / Part A: Interim Interdict; Part B: Review Pending
Outcome
Interim interdict granted for first applicant; second applicant's application struck for lack of urgency.
Judges
Swanepoel
Legal Topics
Solitary Confinement, Unlawful Detention, Standard Operating Procedures, Constitutional Rights, Interdict, Mental Health Incarceration
Criminal Law Administrative Law Solitary Confinement Unlawful Detention Standard Operating Procedures Constitutional Rights Interdict Mental Health Incarceration

Case Brief

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Parties

Mthobisi Price Mncube

Applicant

Fisokuhle Ntuli

Applicant

Minister of Correctional Services

Respondent

National Commissioner, Department of Correctional Services

Respondent

Regional Commissioner, Gauteng Province

Respondent

Area Commissioner, Kgosi Mampuru II Correctional Services

Respondent

Head of Center, Kgosi Mampuru II Correctional Services

Respondent

Head of C-Max Kgosi Mampuru II Correctional Services

Respondent

Procedural Posture

Urgent Application / Part A: Interim Interdict; Part B: Review Pending

Legal Issues

  1. 1 Whether the first applicant's continued detention in C-Max beyond 18 months is lawful.
  2. 2 Whether the first applicant is entitled to urgent interim relief by removal from C-Max.
  3. 3 Whether the respondents complied with Standard Operating Procedures for extended incarceration in C-Max.

Ratio Decidendi

The court found that the first applicant's continued detention in C-Max beyond the prescribed 18-month period was unlawful, as no application for extension was made in accordance with the Standard Operating Procedures. The respondents' justification based on the high-profile nature of the case was not supported by the SOPs, and no evidence distinguished the applicant from co-accused not held in C-Max. The applicant established a prima facie right to relief, with ongoing unlawful detention likely to cause irreparable harm to his mental health. The balance of convenience favoured granting the interdict, as the applicant would remain in a maximum-security facility and stand trial, while the...

Court Disposition

Interim interdict granted for first applicant; second applicant's application struck for lack of urgency.

Orders

  • The first applicant shall be removed from the C-Max Center and returned to his center of origin or to any other maximum-security center that may be convenient.
  • The second applicant's application is struck from the roll for lack of urgency.