Lawyers can be stopped from visiting inmates
MBABANE – The commissioner general of His Majesty’s Correctional Services has the right to deny a lawyer permission to consult a client within a Correctional facility.
This is if the legal representative, or an interpreter or a clerk abuses the privilege of visiting or interviewing the inmate, otherwise referred to as an offender in law. In this case, the lawyer can also be denied visit privileges in any other Correctional facility.
This is according to the Correctional Services Regulations of 2022, which are part of the Correctional Services Act of 2017. The regulations were published as a legal notice by Minister of Justice and Constitutional Affairs Pholile Shakantu.
The regulations state that an offender refers to both convicted and unconvicted offenders (awaiting trial, civil or mental asylum offender).
Regulations
Section103 (i) of the regulations reads: “If a legal representative, clerk or interpreter in any way abuses the privileges of visiting or interviewing an offender, further visit privileges to any Correctional centre may be denied for such period as the commissioner general may determine.”
It further gives the commissioner general power to deny such a legal representative visiting rights if she believes that the visit is not in the interest of the safety of the State of the Correctional facility.
“:here the commissioner general refuses to grant permission to a legal representative…..that offender is entitled to arrange for some other legal representative or interpreter to visit the offender,” the law states.
However, the legal representative may lodge an appeal to the minister if not happy with the commissioner general’s denial.
Human Rights Lawyer Sibusiso Nhlabatsi said every offender had a right to legal representation.
“That right is guaranteed by the
Constitution. If the commissioner general will have the right to deny a person rights of visitation by a legal representation that may not be in tune with the Constitution,” he said.
Another lawyer, who asked not to be named, said a lawyer could be prohibited in the event he was thought to be partisan to the offence that the offender was jailed for.
Conduct
“The Correctional facility was meant to ensure that the offender is rehabilitated from the wayward conduct. But if the lawyer does not contribute to the process of rehabilitating the offender, then he can be denied entry. Other lawyers are also used to smuggle things to the Correctional facility, which may pose a danger to the people living there,” the lawyer stated.
On another note, the regulations state that medical service personnel shall visit a sick offender as often as necessary to examine and treat the offender.
Offenders are also entitled to their religious denomination, as long as such denominations were registered by the officer-in-charge on the day that the offender was admitted to the facility.
Food
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Fresh boneless meat Chicken meat
Fresh boneless fish Margarine
Peanut butter
Cow peas
Sugar
Tea
Salt
Potatoes
Rice
Mealie meal
Fruits
Fruit juice
Eggs
Bread Cabbage/spinach Onion
Other Vegetables Milk/sour milk Cooking oil
Beans
Sweet potatoes
Flour
Scale per day
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50g
40g
40g
75g
2g
0.24g 250g 120g 500g 250g 200mls
1
175g 500g 16g
54g 300mls 26mls 120g 100g
As required
“An offender shall be encouraged and afforded assistance and the opportunity to maintain contact with their church or spiritual denomination and to promote knowledge and practical application of the principles of that denomination,” the regulations state.