West v Min of Correctional Services & others (3789/2020) [2021] ZAFSHC 145 (15 April 2021)

West v Min of Correctional Services & others (3789/2020) [2021] ZAFSHC 145 (15 April 2021)

The applicant failed to establish a right to be transferred under section 43(1) of the Correctional Services Act, as the section requires consideration of accommodation, security, and programme availability, and the applicant is serving a life sentence with parole eligibility only after 25 years. The transfer to Mangaung Correctional Centre was justified by his security classification and the availability of accommodation, especially given overcrowding in Gauteng facilities. The applicant did not exhaust available administrative remedies for transfer requests and complaints. The alleged infringement of constitutional rights was not substantiated, as the rights of sentenced prisoners are...

Citation
[2021] ZAFSHC 145
Parties
Applicant: Mervin Chanky West; Respondent: Minister of Correctional Services; Respondent: National Commissioner of Correctional Centre; Respondent: Provincial Commissioner of Correctional Centre; Respondent: Head of Mangaung Correctional Centre
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 April 2021
Case Number
3789/2020
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed.
Judges
Parks, AJ
Legal Topics
Correctional Services Act, Prisoner Rights, Mandamus, Transfer of Inmates, Constitutional Limitations
Administrative Law Constitutional Law Correctional Services Act Prisoner Rights Mandamus Transfer of Inmates Constitutional Limitations

Case Brief

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Parties

Mervin Chanky West

Applicant

Minister of Correctional Services

Respondent

National Commissioner of Correctional Centre

Respondent

Provincial Commissioner of Correctional Centre

Respondent

Head of Mangaung Correctional Centre

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to be transferred from Mangaung Correctional Centre to Gauteng Correctional Centre under section 43(1) of the Correctional Services Act.
  2. 2 Whether the applicant's constitutional rights have been infringed by the refusal to transfer.
  3. 3 Whether the administrative process for transfer complied with the audi alteram partem rule.

Ratio Decidendi

The applicant failed to establish a right to be transferred under section 43(1) of the Correctional Services Act, as the section requires consideration of accommodation, security, and programme availability, and the applicant is serving a life sentence with parole eligibility only after 25 years. The transfer to Mangaung Correctional Centre was justified by his security classification and the availability of accommodation, especially given overcrowding in Gauteng facilities. The applicant did not exhaust available administrative remedies for transfer requests and complaints. The alleged infringement of constitutional rights was not substantiated, as the rights of sentenced prisoners are...

Court Disposition

Application dismissed.

Orders

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