The Citizen (KZN)

Inmates’ computer rights at issue

- Tania Broughton

The Supreme Court of Appeal (SCA) will, later this year, hear arguments over whether prisoners should be allowed to use their personal computers in their cells to further their education.

Present policy either prohibits or limits computer use by inmates who have registered to study. But in two previous matters, judges have ruled that this constitute­s unfair discrimina­tion. These rulings have now been taken on appeal by the minister of justice and correction­al services, the national commission­er and the heads of the relevant prisons.

All the papers were filed before the revelation­s that Facebook rapist Thabo Bester had run a multimilli­on-rand scam business, using a laptop, from a cell at Mangaung Correction­al Centre.

Lawyers for Human Rights (LHR), which is representi­ng one prisoner, is concerned with the rights of inmates to access education, which plays a significan­t role in their preparatio­n for re-entry into society. Their client, Mbalenhle Sydney Ntuli, secured an order in the High Court in Johannesbu­rg in 2019 that he is entitled to use his personal computer, without a modem, in his single cell as long as he is a registered student.

The head of LHR’s penal reform programme, Nabeelah Mia, said the state had been unable to prove security concerns linked to access to laptops. She said the Bester case highlighte­d issues the department needed to consider for monitoring mechanisms. Initially, Ntuli was authorised to use his personal computer in his cell to study but after he was transferre­d to another section of the prison, he was told he had to study in the computer centre. Ntuli said this cut his study time.

The government respondent­s said to allow prisoners access to laptops in their cells was a security threat they could smuggle modems in or use illegal cellphones to create hot spots. But Acting Judge

Molefe Matsemela said computers could be screened.

The second matter which the minister is appealing is a ruling – and dismissal of an appeal – in favour of “Boeremag” member Lets Pretorius and his two sons, Johan and Wilhelm Pretorius, giving them the right to use their personal computers to study.

In heads of argument, filed with the SCA, LHR says the previous court rulings were correct: prisoners retain the constituti­onal rights of an ordinary citizen except for liberty rights. But the government appellants insist the rulings do not give due considerat­ion to the ability of correction­al officers to monitor computers.

The Judicial Inspectora­te of Correction­al Services says the right to education may not be denied and personal computers are a necessary tool.

Right to education may not be denied and personal computers are necessary tool

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