Close Menu
TechCentralTechCentral

    Subscribe to the newsletter

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Facebook X (Twitter) YouTube LinkedIn
    WhatsApp Facebook X (Twitter) LinkedIn YouTube
    TechCentralTechCentral
    • News
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 December 2025
      Malatsi buries Post Office's long-dead monopoly

      Malatsi buries Post Office monopoly the market ignored

      18 December 2025
      China races to crack EUV as chip war with the West intensifies

      China races to crack EUV lithography as chip war with the West intensifies

      18 December 2025
      Coursera to buy Udemy, in which Prosus is an investor

      Coursera to buy Udemy, in which Prosus is an investor

      18 December 2025
      It has been a year of policy victories, but crypto firms warn momentum could fade without durable US legislation.- Donald Trump

      Crypto’s Trump-era boom faces a 2026 reality check

      18 December 2025
    • World
      Warner Bros slams the door on Paramount

      Warner Bros slams the door on Paramount

      17 December 2025
      X moves to block bid to revive Twitter brand

      X moves to block bid to revive Twitter brand

      17 December 2025
      Oracle’s AI ambitions face scrutiny on earnings miss

      Oracle’s AI ambitions face scrutiny on earnings miss

      11 December 2025
      China will get Nvidia H200 chips - but not without paying Washington first

      China will get Nvidia H200 chips – but not without paying Washington first

      9 December 2025
      IBM reportedly close to $11-billion deal to buy Confluent - Arvind Krishna

      IBM reportedly close to $11-billion deal to buy Confluent

      8 December 2025
    • In-depth
      Black Friday goes digital in South Africa as online spending surges to record high

      Black Friday goes digital in South Africa as online spending surges to record high

      4 December 2025
      Canal+ plays hardball - and DStv viewers feel the pain

      Canal+ plays hardball – and DStv viewers feel the pain

      3 December 2025
      Jensen Huang Nvidia

      So, will China really win the AI race?

      14 November 2025
      Valve's Linux console takes aim at Microsoft's gaming empire

      Valve’s Linux console takes aim at Microsoft’s gaming empire

      13 November 2025
      iOCO's extraordinary comeback plan - Rhys Summerton

      iOCO’s extraordinary comeback plan

      28 October 2025
    • TCS
      TCS+ | Africa's digital transformation - unlocking AI through cloud and culture - Cliff de Wit Accelera Digital Group

      TCS+ | Cloud without culture won’t deliver AI: Accelera’s Cliff de Wit

      12 December 2025
      TCS+ | How Cloud on Demand helps partners thrive in the AWS ecosystem - Odwa Ndyaluvane and Xenia Rhode

      TCS+ | How Cloud On Demand helps partners thrive in the AWS ecosystem

      4 December 2025
      TCS | MTN Group CEO Ralph Mupita on competition, AI and the future of mobile

      TCS | Ralph Mupita on competition, AI and the future of mobile

      28 November 2025
      TCS | Dominic Cull on fixing South Africa's ICT policy bottlenecks

      TCS | Dominic Cull on fixing South Africa’s ICT policy bottlenecks

      21 November 2025
      TCS | BMW CEO Peter van Binsbergen on the future of South Africa's automotive industry

      TCS | BMW CEO Peter van Binsbergen on the future of South Africa’s automotive industry

      6 November 2025
    • Opinion
      Netflix, Warner Bros deal raises fresh headaches for MultiChoice - Duncan McLeod

      Netflix, Warner Bros deal raises fresh headaches for MultiChoice

      5 December 2025
      BIN scans, DDoS and the next cybercrime wave hitting South Africa's banks - Entersekt Gerhard Oosthuizen

      BIN scans, DDoS and the next cybercrime wave hitting South Africa’s banks

      3 December 2025
      Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

      Your data, your hardware: the DIY AI revolution is coming

      20 November 2025
      Zero Carbon Charge founder Joubert Roux

      The energy revolution South Africa can’t afford to miss

      20 November 2025
      It's time for a new approach to government IT spend in South Africa - Richard Firth

      It’s time for a new approach to government IT spend in South Africa

      19 November 2025
    • Company Hubs
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • AvertITD
      • Braintree
      • CallMiner
      • CambriLearn
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • LSD Open
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Tenable
      • Vertiv
      • Videri Digital
      • Vodacom Business
      • Wipro
      • Workday
      • XLink
    • Sections
      • AI and machine learning
      • Banking
      • Broadcasting and Media
      • Cloud services
      • Contact centres and CX
      • Cryptocurrencies
      • Education and skills
      • Electronics and hardware
      • Energy and sustainability
      • Enterprise software
      • Financial services
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Public sector
      • Retail and e-commerce
      • Satellite communications
      • Science
      • SMEs and start-ups
      • Social media
      • Talent and leadership
      • Telecoms
    • Events
    • Advertise
    TechCentralTechCentral
    Home » Sections » Public sector » South African prisoners can use computers in their cells: top court

    South African prisoners can use computers in their cells: top court

    The constitutional court has ruled that prisoners must be allowed to use computers in their cells to study.
    By Tania Broughton6 May 2025
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    South African prisoners can use computers in their cells: top courtIn a unanimous ruling, the constitutional court has declared that barring prisoners from using PCs in their cells for studying is unconstitutional.

    The court ordered that the constitutional invalidity be suspended for a year and directed the national commissioner of correctional services to promulgate a revised policy.

    Pending that, the court said that any inmate registered as a student with a recognised tertiary or further education institution and who reasonably needs a computer to support their studies, would be entitled to use their PC in their cell, but without the use of an internet modem.

    Wednesday’s order is to a large degree the same as a ruling handed down by the supreme court of appeal

    Such inmates would be required to make the computer available for inspection at any time. In the event of a breach of rules and after considering representations from the inmate, the head of a correctional centre may direct that the inmate may not use their computer in their cell.

    Wednesday’s order is to a large degree the same as a ruling handed down by the supreme court of appeal, which, in November 2023, also found that the blanket ban was unconstitutional.

    That order was taken on appeal by the minister of justice & correctional services and the national commissioner of correctional services.

    Justice Steven Majiedt, who penned the constitutional court ruling, said the issue in the matter was the right to further education. He said the blanket ban emanated from a departmental policy approved in February 2007.

    Factual matrix

    The initial challenge to it was launched in the high court by Mbalenhle Sydney Ntuli, represented by Lawyers for Human Rights, who was serving a 20-year sentence for robbery. Ntuli had complained that he was struggling to complete his data processing course because he could not work from his cell where he spent most of his time.

    While conceding that prisoners had a right to further education under section 29 of the South Africa’s Bill of Rights, the minister and commissioner argued that allowing prisoners to keep laptops in their cells would create a security threat.

    Justice Majiedt said it was common cause that Ntuli had since passed and graduated. “Almost the entire factual matrix is undisputed,” he said.

    After Ntuli had been transferred to Medium C from Medium B, his laptop was taken away and he was told to use the computers in the computer room. However, the computer room was only open during certain hours, only occasionally at weekends and never on public holidays. It was exceptionally noisy.

    Ntuli said he was being deprived of sufficient time to study.

    The minister and the commissioner, in opposition to the application, expressed concern that inmates might smuggle modems into their cells or use illegal cellphones to create hotspots.

    “The high court took the view that the applicants had not provided any evidence that, where computers have been allowed in cells, even with a modem, there had been any security breach,” Majiedt said. “It further held that the respondent had the right to study as much as he pleased, within the legitimate limitations that prison life inevitably presents.”

    In the first appeal, the SCA held that the policy infringed the right to further education.

    Incarceration does not take away or limit fundamental rights like education, dignity and access to reading material

    In the constitutional court, the minister and the commissioner argued that Ntuli was not being divested of his right to further education, but that the right was merely being regulated in a reasonable manner.

    Ntuli had only been allowed to use his computer in his cell in Medium B because there was no computer room at that time. Their security concerns were justifiable and the court should not “second guess” the authorities on this issue.

    Ntuli’s lawyers, however, argued that the policy is antiquated, that a PC was critical to success in his field of study, that electronic versions of books cost less than hard copies and that downloading study materials from the website was much faster than the conventional postal service.

    Not disputed

    The judicial inspectorate for correctional services, which was admitted as amicus curiae (friend of the court), submitted that in terms of international law, South Africa was obliged to adopt and implement education policies that meet the needs of incarcerated persons to be part of an equal, fair and just society.

    The policy should not unreasonably infringe the rights to education by prohibiting the use of necessary tools.

    Justice Majiedt said: “Incarceration does not take away or limit fundamental rights like education, dignity and access to reading material.”

    He said the virtues of education had rightly not been disputed. “We are concerned here with a limitation of the right of a person pursuing further education to have access to electronic study material. It matters not that the person is an inmate, because he enjoys all the rights accorded to non-inmates, save as they are reasonably limited in consequence of his incarceration,” he said.

    “The duty of the state is to remove barriers to education and actively allow access to necessary resources to realise the right to education.”

    The blanket ban limited that right, he said.

    Regarding the justification for the limitation – that the right to further education does not mean having a PC at all times in a cell – Majiedt said: “The simple answer to this is that access to the computer room is wholly inadequate and in effect boils down to an unjustifiable limitation.”

    Regarding fears of security breaches, he said this “attempted justification does not get out of the starting gate”, because the minister and commissioner had not produced evidence to back up their claims.

    “There is simply a glaring dearth of evidence to substantiate these security concerns. That is not what is expected of those responsible for the policy,” he said, which applied to “all and sundry” without any regard whatsoever to personal circumstances and study needs.

    Nothing in this judgment should be regarded as expressing a view on the justifiability of restrictions…

    He said the minister and the commissioner had complained that the SCA had “ventured into the exclusive policy terrain of the executive”.

    “This argument is ill-conceived. Courts have a constitutional duty, as a check and balance on executive power, to determine the constitutional validity of any law or conduct. They (the minister and the commissioner) do not have unfettered power to implement policies which undermine the constitution.”

    Justice Majiedt said the case was only concerned with the rights of prisoners to PCs for educational purposes.

    “Nothing in this judgment should be regarded as expressing a view on the justifiability of restrictions on the use of personal computers in cells for any other purpose.”  — (c) 2025 GroundUp

    Get breaking news from TechCentral on WhatsApp. Sign up here.

    • This article was originally published by GroundUp. It is republished by TechCentral under a Creative Commons Attribution-NoDerivatives 4.0 International licence. Read the original article


    Subscribe to TechCentral Subscribe to TechCentral
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleZambia, Zimbabwe court investors for R91-billion hydroelectric dam
    Next Article OpenAI to buy coding platform Windsurf for $3-billion

    Related Posts

    TechCentral's South African Newsmakers of 2025

    TechCentral’s South African Newsmakers of 2025

    18 December 2025
    Malatsi buries Post Office's long-dead monopoly

    Malatsi buries Post Office monopoly the market ignored

    18 December 2025
    China races to crack EUV as chip war with the West intensifies

    China races to crack EUV lithography as chip war with the West intensifies

    18 December 2025
    Company News
    Why TechCentral is the most powerful platform for reaching IT decision makers

    Why TechCentral is the most powerful platform for reaching IT decision makers

    17 December 2025
    Business trends to watch in 2026 - Domains.co.za

    Business trends to watch in 2026

    17 December 2025
    MTN Zambia launches world's first 4G cloud smartphone solution - Huawei

    MTN Zambia launches world’s first 4G cloud smartphone solution

    17 December 2025
    Opinion
    Netflix, Warner Bros deal raises fresh headaches for MultiChoice - Duncan McLeod

    Netflix, Warner Bros deal raises fresh headaches for MultiChoice

    5 December 2025
    BIN scans, DDoS and the next cybercrime wave hitting South Africa's banks - Entersekt Gerhard Oosthuizen

    BIN scans, DDoS and the next cybercrime wave hitting South Africa’s banks

    3 December 2025
    Your data, your hardware: the DIY AI revolution is coming - Duncan McLeod

    Your data, your hardware: the DIY AI revolution is coming

    20 November 2025

    Subscribe to Updates

    Get the best South African technology news and analysis delivered to your e-mail inbox every morning.

    Latest Posts
    TechCentral's South African Newsmakers of 2025

    TechCentral’s South African Newsmakers of 2025

    18 December 2025
    Malatsi buries Post Office's long-dead monopoly

    Malatsi buries Post Office monopoly the market ignored

    18 December 2025
    China races to crack EUV as chip war with the West intensifies

    China races to crack EUV lithography as chip war with the West intensifies

    18 December 2025
    Coursera to buy Udemy, in which Prosus is an investor

    Coursera to buy Udemy, in which Prosus is an investor

    18 December 2025
    © 2009 - 2025 NewsCentral Media
    • Cookie policy (ZA)
    • TechCentral – privacy and Popia

    Type above and press Enter to search. Press Esc to cancel.

    Manage consent

    TechCentral uses cookies to enhance its offerings. Consenting to these technologies allows us to serve you better. Not consenting or withdrawing consent may adversely affect certain features and functions of the website.

    Functional Always active
    The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network.
    Preferences
    The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user.
    Statistics
    The technical storage or access that is used exclusively for statistical purposes. The technical storage or access that is used exclusively for anonymous statistical purposes. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you.
    Marketing
    The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes.
    • Manage options
    • Manage services
    • Manage {vendor_count} vendors
    • Read more about these purposes
    View preferences
    • {title}
    • {title}
    • {title}