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
      MultiChoice scraps annual DStv price hikes for 2026 - David Mignot

      MultiChoice scraps annual DStv price hike

      20 February 2026
      What Gen Z really thinks about the tech world it inherited - Tinashe Mazodze

      What Gen Z really thinks about the tech world it inherited

      20 February 2026
      Showmax 'can't continue' in its current form

      Showmax ‘can’t continue’ in its current form

      20 February 2026
      Free Market Foundation slams treasury's proposed gambling tax

      Free Market Foundation slams treasury’s proposed gambling tax

      20 February 2026
      South Africa's dynamic spectrum breakthrough - Paul Colmer

      South Africa’s dynamic spectrum breakthrough

      20 February 2026
    • World
      Prominent Southern African journalist targeted with Predator spyware

      Prominent Southern African journalist targeted with Predator spyware

      18 February 2026
      More drama in Warner Bros tug of war

      More drama in Warner Bros tug of war

      17 February 2026
      Russia bans WhatsApp

      Russia bans WhatsApp

      12 February 2026
      EU regulators take aim at WhatsApp

      EU regulators take aim at WhatsApp

      9 February 2026
      Musk hits brakes on Mars mission

      Musk hits brakes on Mars mission

      9 February 2026
    • In-depth
      How liberalisation is rewiring South Africa's power sector

      How liberalisation is rewiring South Africa’s power sector

      21 January 2026
      The top-performing South African tech shares of 2025

      The top-performing South African tech shares of 2025

      12 January 2026
      Digital authoritarianism grows as African states normalise internet blackouts

      Digital authoritarianism grows as African states normalise internet blackouts

      19 December 2025
      TechCentral's South African Newsmakers of 2025

      TechCentral’s South African Newsmakers of 2025

      18 December 2025
      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
    • TCS
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E4: ‘We drive an electric Uber’

      10 February 2026
      TCS+ | How Cloud On Demand is helping SA businesses succeed in the cloud - Xhenia Rhode, Dion Kalicharan

      TCS+ | Cloud On Demand and Consnet: inside a real-world AWS partner success story

      30 January 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E3: ‘BYD’s Corolla Cross challenger’

      30 January 2026
      Watts & Wheels S1E4: 'We drive an electric Uber'

      Watts & Wheels S1E2: ‘China attacks, BMW digs in, Toyota’s sublime supercar’

      23 January 2026

      TCS+ | Why cybersecurity is becoming a competitive advantage for SA businesses

      20 January 2026
    • Opinion
      A million reasons monopolies don't work - Duncan McLeod

      A million reasons monopolies don’t work

      10 February 2026
      The author, Business Leadership South Africa CEO Busi Mavuso

      Eskom unbundling U-turn threatens to undo hard-won electricity gains

      9 February 2026
      South Africa's skills advantage is being overlooked at home - Richard Firth

      South Africa’s skills advantage is being overlooked at home

      29 January 2026
      Why Elon Musk's Starlink is a 'hard no' for me - Songezo Zibi

      Why Elon Musk’s Starlink is a ‘hard no’ for me

      26 January 2026
      A million reasons monopolies don't work - Duncan McLeod

      South Africa’s new fibre broadband battle

      20 January 2026
    • 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
      • Mitel
      • 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
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    WhatsApp YouTube
    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

    MultiChoice scraps annual DStv price hikes for 2026 - David Mignot

    MultiChoice scraps annual DStv price hike

    20 February 2026
    What Gen Z really thinks about the tech world it inherited - Tinashe Mazodze

    What Gen Z really thinks about the tech world it inherited

    20 February 2026
    Showmax 'can't continue' in its current form

    Showmax ‘can’t continue’ in its current form

    20 February 2026
    Company News
    Service is everyone's problem now - and that's exactly why the Atlassian Service Collection matters

    Service is everyone’s problem now – why the Atlassian Service Collection matters

    20 February 2026
    Customers have new expectations. Is your CX ready? 1Stream

    Customers have new expectations. Is your CX ready?

    19 February 2026
    South Africa's cybersecurity challenge is not a tool problem - Nicholas Applewhite, Trinexia South Africa

    South Africa’s cybersecurity challenge is not a tool problem

    19 February 2026
    Opinion
    A million reasons monopolies don't work - Duncan McLeod

    A million reasons monopolies don’t work

    10 February 2026
    The author, Business Leadership South Africa CEO Busi Mavuso

    Eskom unbundling U-turn threatens to undo hard-won electricity gains

    9 February 2026
    South Africa's skills advantage is being overlooked at home - Richard Firth

    South Africa’s skills advantage is being overlooked at home

    29 January 2026

    Subscribe to Updates

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

    Latest Posts
    MultiChoice scraps annual DStv price hikes for 2026 - David Mignot

    MultiChoice scraps annual DStv price hike

    20 February 2026
    What Gen Z really thinks about the tech world it inherited - Tinashe Mazodze

    What Gen Z really thinks about the tech world it inherited

    20 February 2026
    Showmax 'can't continue' in its current form

    Showmax ‘can’t continue’ in its current form

    20 February 2026
    Free Market Foundation slams treasury's proposed gambling tax

    Free Market Foundation slams treasury’s proposed gambling tax

    20 February 2026
    © 2009 - 2026 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}