WP v Minister of Justice and Correctional Services and Others (66090/18) [2021] ZAGPPHC 88; [2021] 2 All SA 626 (GP); 2021 (2) SACR 76 (GP) (4 March 2021)

WP v Minister of Justice and Correctional Services and Others (66090/18) [2021] ZAGPPHC 88; [2021] 2 All SA 626 (GP); 2021 (2) SACR 76 (GP) (4 March 2021)

The court held that while prisoners retain a residuum of rights not inconsistent with incarceration, neither the Constitution nor the Correctional Services Act expressly provides for a right to conjugal visits. The right to contact, as protected by Section 35(2) of the Constitution and Section 13 of the Correctional Services Act, does not extend to sexual relations or conjugal visits. The current policy prohibiting conjugal visits is not unconstitutional, nor does it constitute an unreasonable limitation of the applicant's rights. The applicant's rights to marry and found a family have been respected, as evidenced by his marriage and successful application for artificial insemination. The...

Citation
[2021] ZAGPPHC 88
Parties
Applicant: W Pretorius; Respondent: Minister of Justice and Correctional Services; Respondent: National Commissioner of Correctional Services; Respondent: Head of the Zonderwater Correctional Centre
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 March 2021
Case Number
66090/18
Procedural Posture
Constitutional Application / Final Judgment After Opposed Application
Outcome
Application dismissed.
Judges
Kollapen
Legal Topics
Prisoners Rights, Contact Visitation, Conjugal Visits, Limitation of Rights, Correctional Services Policy
Constitutional Law Administrative Law Prisoners Rights Contact Visitation Conjugal Visits Limitation of Rights Correctional Services Policy

Case Brief

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Parties

W Pretorius

Applicant

Minister of Justice and Correctional Services

Respondent

National Commissioner of Correctional Services

Respondent

Head of the Zonderwater Correctional Centre

Respondent

Procedural Posture

Constitutional Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant, a sentenced prisoner, is entitled to conjugal visits with his spouse under the Constitution or Correctional Services Act.
  2. 2 Whether the applicant is entitled to extended contact and non-contact visits beyond the current policy.
  3. 3 Whether the applicant is entitled to possess and use a cellphone in prison for communication with family.

Ratio Decidendi

The court held that while prisoners retain a residuum of rights not inconsistent with incarceration, neither the Constitution nor the Correctional Services Act expressly provides for a right to conjugal visits. The right to contact, as protected by Section 35(2) of the Constitution and Section 13 of the Correctional Services Act, does not extend to sexual relations or conjugal visits. The current policy prohibiting conjugal visits is not unconstitutional, nor does it constitute an unreasonable limitation of the applicant's rights. The applicant's rights to marry and found a family have been respected, as evidenced by his marriage and successful application for artificial insemination. The...

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.