Prisons Act unjust in parts, rights body claims

SONKE Gender Justice is gearing up for the Constitutional Court to declare certain provisions in the Correctional Services Act invalid in that it impacts the independence of the Judicial Inspectorate for Correctional Services (JICS).

The human rights organisation said JICS was empowered to inspect prisons, report on the conditions of detention and treatment of prisoners, and deal with any complaints that it receives in relation to these issues.

But the JICS is crippled by the fact it is legislatively mandated to its close ties with the Department of Correctional Services (DCS), Sonke said.

The Western Cape High Court last year declared provisions in the act unconstitutional. The provisions require that the JICS is dependent on the DCS for its budget; accountable to the DCS for all monies received; and that disciplinary measures concerning the chief executive are to be handled by the national commissioner.

The court gave Parliament 24 months to rectify the legislative defects. Sonke said its case in the apex court was expected to be heard on March 3.

“Prisons are ‘closed’ institutions, blocked off to society. Not only does this mean that prisoners can’t leave, but that society can’t enter. The effect is that the abuse of prisoners and rights infringements are allowed to run rampant in prisons, often with impunity.

“The DCS’s 2017/2018 annual report said 7 474 inmates were injured as a result of assaults (in most cases by officials) and 61 inmates died unnatural deaths,” Sonke said.