South Africa Case Law

WP v Minister of Justice and Correctional Services and Others (66090/18)

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)

Court

North Gauteng High Court, Pretoria

Case number

66090/18

Judge

Kollapen

The High Court dismissed a prisoner’s application for conjugal, extended visitation and cellphone access, holding these are not constitutionally guaranteed rights.

• Prisoners Rights
• Contact Visitation
• Conjugal Visits
• Limitation Of Rights
• Correctional Services Policy
• Prisoners-rights

WP v Minister of Justice and Correctional Services and Others (66090/18)

WP v Minister of Justice and Correctional Services and Others (66090/18) [2021] ZAGPPHC 77 (4 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

66090/18

Judge

Kollapen

The court held that while prisoners retain a residuum of rights not inconsistent with incarceration, neither the Constitution nor the Correctional Services Act expressly recognizes a right to conjugal visits. The right to contact, as protected by Section 35(2) of the Constitution and Section 13 of the Act, does not extend to sexual intimacy or conjugal visits, but rather to communication and visitation in a generic sense. The current visitation regime, which allows the applicant three contact visits per month, is reasonable and does not constitute an unconstitutional limitation. The prohibiti…

Source excerpt

• Prisoners Rights
• Contact Visitation
• Conjugal Visits
• Limitation Of Rights
• Correctional Services Policy