Pretorius and Others v Minister of Justice and Correctional Services and Others (2016/83909) [2018] ZAGPPHC 347; 2018 (2) SACR 501 (GP) (14 May 2018)

Pretorius and Others v Minister of Justice and Correctional Services and Others (2016/83909) [2018] ZAGPPHC 347; 2018 (2) SACR 501 (GP) (14 May 2018)

The court found that the policy prohibiting the use of personal computers in prison cells for study purposes constitutes unfair discrimination against the applicants under the Promotion of Equality and Prevention of Unfair Discrimination Act. The respondents failed to provide sufficient factual justification for the...

Source-derived case information.

Citation
[2018] ZAGPPHC 347
Parties
Applicant: Wilhelm Pretorius; Applicant: Dr. Johan Pretorius; Applicant: Dr. Johan (Lets) Pretorius; Respondent: Minister of Justice and Correctional Services; Respondent: National Commissioner Department of Correctional Services; Respondent: Head of Prison, Zonderwater Prison
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 May 2018
Case Number
2016/83909
Procedural Posture
Constitutional Application / Judgment
Outcome
Application granted. The policy procedures on formal education programmes, insofar as they prohibit the use of personal laptops without a modem in cells, are declared to constitute unfair discrimination against the applicants.
Judges
Swanepoel
Legal Topics
Unfair Discrimination, Right to Education, Limitation of Rights, Prisoner Rights, Promotion of Equality and Prevention of Unfair Discrimination Act
Constitutional Law Administrative Law Unfair Discrimination Right to Education Limitation of Rights Prisoner Rights Promotion of Equality and Prevention of Unfair Discrimination Act

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Parties

Wilhelm Pretorius

Applicant

Dr. Johan Pretorius

Applicant

Dr. Johan (Lets) Pretorius

Applicant

Minister of Justice and Correctional Services

Respondent

National Commissioner Department of Correctional Services

Respondent

Head of Prison, Zonderwater Prison

Respondent

Procedural Posture

Constitutional Application / Judgment

Legal Issues

  1. 1 Whether the policy prohibiting the use of personal computers in prison cells for study purposes constitutes unfair discrimination against the applicants.
  2. 2 Whether the limitation of the right to further education for prisoners is justified under the Constitution.
  3. 3 Whether the respondents have discharged the burden to justify the limitation imposed by the policy.

Ratio Decidendi

The court found that the policy prohibiting the use of personal computers in prison cells for study purposes constitutes unfair discrimination against the applicants under the Promotion of Equality and Prevention of Unfair Discrimination Act. The respondents failed to provide sufficient factual justification for the limitation, as no evidence was presented of actual security breaches resulting from the use of computers in cells. The applicants' right to further education is protected by the Constitution, and the limitation imposed by the policy is not reasonable or proportionate, especially given the applicants' spotless security records and the absence of individualized assessment. The...

Court Disposition

Application granted. The policy procedures on formal education programmes, insofar as they prohibit the use of personal laptops without a modem in cells, are declared to constitute unfair discrimination against the applicants.

Orders

  • The Policy Procedures on Formal Education Programmes, as approved by the second respondent, insofar as they relate to the use of personal laptops without a modem in any communal or single cell, are declared to constitute unfair discrimination against the applicants under the Promotion of Equality and Prevention of...
  • First, second and third applicants are entitled to use their personal computers without the use of a modem in their cells for as long as they remain registered students with any recognized tertiary institution in South Africa.