South Africa Case Law

Mdoda v Minister of Justice and Correctional Services and Others (1984/2021)

Mdoda v Minister of Justice and Correctional Services and Others (1984/2021) [2021] ZAMPMBHC 30 (23 July 2021)

Court

Mbombela High Court, Mpumalanga

Case number

1984/2021

Judge

Brauckmann

The High Court dismissed an inmate’s urgent application to be transferred to Barberton Correctional Services, finding he used the wrong procedure and had no right to a facility of choice.

• Transfer Of Inmates
• Jurisdiction
• Procedural Compliance
• Constitutional Rights Of Prisoners
• Prison-transfer
• Correctional-services-act

West v Min of Correctional Services & others (3789/2020)

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

Court

Free State High Court, Bloemfontein

Case number

3789/2020

Judge

Parks, AJ

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 infri…

Source excerpt

• Correctional Services Act
• Prisoner Rights
• Mandamus
• Transfer Of Inmates
• Constitutional Limitations

Okah and Another v Minister of Justice and Correctional Services and Another (40959/14)

Okah and Another v Minister of Justice and Correctional Services and Another (40959/14) [2015] ZAGPPHC 882 (5 August 2015)

Court

North Gauteng High Court, Pretoria

Case number

40959/14

Judge

N.M. Mavundla

Leave to appeal was refused because the court found no reasonable prospects of success. The applicants' urgency and transfer arguments under the Correctional Services Act failed.

• Urgent Application
• Review Of Administrative Action
• Transfer Of Inmates
• Interpretation Of Statutes
• Leave-to-appeal
• Urgent-application