South Africa Case Law

Raliphaswa v Minister of Correctional Services and Others (073384/2025)

Raliphaswa v Minister of Correctional Services and Others (073384/2025) [2025] ZAGPPHC 684 (27 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

073384/2025

Judge

Nthambeleni

The court found that the applicant failed to establish urgency, as the conditions of his detention had remained unchanged since his transfer in January 2025, and no new threat or change justified urgent intervention. The applicant did not exhaust available internal remedies, specifically the right to appeal to the National Commissioner, as required by PAJA. The statutory period for detention at C-Max had not been exceeded, and the applicant's allegations of irreparable harm and rights violations were unsupported by evidence. The court held that the urgency was self-created, and the applicatio…

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• Promotion Of Administrative Justice Act
• Urgent Interdict
• Solitary Confinement
• Internal Remedies Exhaustion
• Prisoners Rights

Mahlangu v Minister Correctional Services and Others (2024/00413)

Mahlangu v Minister Correctional Services and Others (2024/00413) [2024] ZAGPJHC 1099 (25 October 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/00413

Judge

WJ du Plessis

The court found that the respondents had complied with the requirements of the Correctional Services Act and the Therapeutic Diet Manual by providing the applicant with a high-fibre diet, specifically sorghum porridge. There was insufficient evidence to establish contempt of the previous court order. However, the applicant's ongoing health complaints warranted further medical assessment. The court determined that the appropriate course was to order a consultation with a dietician, who could make a formal recommendation regarding the applicant's dietary needs. The court declined to order that…

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• Right To Healthcare
• Adequate Nutrition
• Contempt Of Court
• Correctional Services Act
• Prisoners Rights

Kramer and Another v Minister of Justice, Constitutional Development and Correctional Services and Others (2023/126318)

Kramer and Another v Minister of Justice, Constitutional Development and Correctional Services and Others (2023/126318) [2024] ZAGPJHC 15 (9 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/126318

Judge

Pullinger AJ

The court found that the applicants had established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act. The Supreme Court of Appeal's interim order was specifically designed to protect the applicants' constitutional right to further education during the period before a new policy is promulgated. The respondents failed to demonstrate any irreparable harm that would result from implementing the interim order, while the applicants would suffer irreparable harm through the loss of study time and academic opportunity. The court rejected the respo…

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• Right To Education
• Contempt Of Court
• Section 18 Superior Courts Act
• Interim Enforcement
• Prisoners Rights

Minister of Justice and Correctional Services and others v Ntuli (539/2020)

Minister of Justice and Correctional Services and others v Ntuli (539/2020) [2023] ZASCA 146; [2024] 1 All SA 333 (SCA); 2024 (1) SACR 227 (SCA) (8 November 2023)

Court

Supreme Court of Appeal

Case number

539/2020

Judges

Dambuza, Meyer, Matojane, Goosen, Unterhalter

The Supreme Court of Appeal held that the Department of Correctional Services' policy prohibiting prisoners from using personal computers in their cells constitutes an unjustified infringement of the right to further education under section 29(1)(b) of the Constitution. The blanket prohibition fails to consider the necessity of computer access for certain courses and does not meet the standard of demonstrable justification required by section 36. The security concerns advanced by the appellants were speculative and unsupported by evidence of incremental risk. The Court further found that the…

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• Right To Further Education
• Unfair Discrimination
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Prisoners Rights
• Limitation Of Rights
• Delegated Legislation

Krejcir (B4170/2013), Ex parte

Krejcir (B4170/2013), Ex parte [2023] ZAGPPHC 705 (13 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

B4170/2023

Judge

De Vos

The High Court dismissed an urgent ex parte application because the applicant gave no factual basis for dispensing with notice to the prison authorities.

• Right Of Access To Healthcare
• Urgent Ex Parte Relief
• Audi Alteram Partem
• Prisoners Rights
• Urgent-applications
• Ex-parte-procedure

Minister of Justice & Correctional Services and Others v Pretorius and Others (A312/2018)

Minister of Justice & Correctional Services and Others v Pretorius and Others (A312/2018) [2022] ZAGPJHC 2; 2022 (1) SACR 564 (GJ) (21 January 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A312/2018

Judges

Mudau, Adams, Dippenaar

The court dismissed an appeal against a ruling that a prison policy barring in-cell computer use for study unfairly discriminated against sentenced prisoners.

• Unfair Discrimination
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Right To Education
• Right To Human Dignity
• Prisoners Rights
• Departmental Policy Review

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…

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

September v Subramoney NO and Others (EC10/2016)

September v Subramoney NO and Others (EC10/2016) [2019] ZAEQC 4; [2019] 4 All SA 927 (WCC) (23 September 2019)

Court

Equality Court

Case number

EC10/2016

Judge

Fortuin

The court found that the respondents' refusal to allow the applicant to express her gender identity while incarcerated constituted unfair discrimination under section 8 of PEPUDA and violated her constitutional rights to equality, dignity, and freedom of expression. The neutral application of prison rules failed to reasonably accommodate transgender inmates, resulting in manifestly unfair treatment. The court held that reasonable steps could be taken to balance safety concerns with the applicant's rights, such as allowing her to express her gender identity in a single cell. International law…

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• Unfair Discrimination
• Gender Identity
• Reasonable Accommodation
• Human Dignity
• Freedom Of Expression
• Prisoners Rights

Mapodile v Minister of Correctional Services and Others (1067\2016)

Mapodile v Minister of Correctional Services and Others (1067\2016) [2016] ZAGPJHC 174; 2016 (2) SACR 413 (GJ) (24 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

1067\2016

Judge

M M MABESELE

The High Court ordered prison authorities to house a gay inmate in a single cell or with inmates of the same sexual orientation to protect his dignity and safety.

• Right To Dignity
• Equality Before Law
• Unfair Discrimination
• Prisoners Rights
• Sexual Orientation
• Urgent Interdict