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
      SA telecoms industry veteran appointed to top Eskom job - Junaid Munshi

      SA telecoms industry veteran appointed to top Eskom job

      29 May 2026
      The hidden cost of social media age bans is everyone's privacy

      The hidden cost of social media age bans is everyone’s privacy

      29 May 2026
      South Africa's fraud surge runs on trust, not hacking

      South African fraud surge runs on trust, not hacking

      29 May 2026
      Yoco buys restaurant AI start-up Dyner in push beyond payments

      Yoco buys restaurant AI start-up Dyner in push beyond payments

      29 May 2026
      Anthropic tops valuation of AI pioneer OpenAI

      Anthropic tops valuation of AI pioneer OpenAI

      28 May 2026
    • World
      Watch: Bezos rocket erupts in fireball during ground test

      Watch: Bezos rocket erupts in fireball during ground test

      29 May 2026
      AI boom hands Samsung chip workers life-changing bonuses

      AI boom hands Samsung chip workers life-changing bonuses

      27 May 2026
      Luce lit: Ferrari unveils its first electric car

      Luce lit: Ferrari unveils its first electric car

      26 May 2026
      Huawei claims chip design breakthrough

      Huawei claims chip design breakthrough

      25 May 2026
      Pope urges world to hit brakes on AI - Pope Leo

      Pope urges world to hit brakes on AI

      25 May 2026
    • In-depth
      Alfa's electric rebel - Alfa Romeo Junior Elettrica Veloce

      Alfa’s electric rebel

      29 April 2026
      Africa switches on as Europe dims the lights

      Africa switches on as Europe dims the lights

      9 April 2026
      The biggest untapped EV market on Earth is hiding in plain sight

      The biggest untapped EV market on Earth is hiding in plain sight

      1 April 2026
      AI, cybersecurity power standout year for Datatec - Jens Montanana

      The R16-billion tech giant hiding in plain sight

      26 March 2026
      The last generation of coders

      The last generation of coders

      18 February 2026
    • TCS
      TCS+ | The Up&Up Group on the hidden cost of AI - Jason Harrison

      TCS+ | The Up&Up Group on the hidden cost of AI

      13 May 2026
      Michael Rossouw

      TCS+ | The retirement decision most South Africans get wrong

      6 May 2026
      TCS | The Cape Town start-up listening for TB with AI - Braden van Breda

      TCS | The Cape Town start-up listening for TB with AI

      4 May 2026

      TCS+ | ‘The ISP for ISPs’: Vox’s shift to wholesale aggregator

      20 April 2026
      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      TCS | Werner Lindemann on how AI is rewriting the infosec rulebook

      15 April 2026
    • Opinion
      Treasury's crypto crackdown is a betrayal of Mandela's promise - Duncan McLeod

      Treasury’s crypto crackdown is a betrayal of Mandela’s promise

      22 May 2026
      South Africa is sleepwalking into another AI policy failure - Celeste Labuschagne

      South Africa is sleepwalking into another AI policy failure

      20 May 2026
      AI won't fix your culture - it will expose it - Jackie Kennedy

      AI won’t fix your culture – it will expose it

      19 May 2026
      Treasury's crypto crackdown is a betrayal of Mandela's promise - Duncan McLeod

      Free calls, dead voice and Shameel Joosub’s Spanish ghost

      22 April 2026
      The conflict of interest at the heart of PayShap's slow adoption - Cheslyn Jacobs

      The conflict of interest at the heart of PayShap’s slow adoption

      26 March 2026
    • Company Hubs
      • 1Stream
      • Africa Data Centres
      • AfriGIS
      • Altron Digital Business
      • Altron Document Solutions
      • Altron Group
      • Arctic Wolf
      • Ascent Technology
      • AvertITD
      • BBD
      • Braintree
      • CallMiner
      • CambriLearn
      • CM Telecom
      • Contactable
      • CYBER1 Solutions
      • Digicloud Africa
      • Digimune
      • Domains.co.za
      • ESET
      • Euphoria Telecom
      • HOSTAFRICA
      • Incredible Business
      • iONLINE
      • IQbusiness
      • Iris Network Systems
      • Kaspersky
      • LSD Open
      • Mitel
      • NEC XON
      • Netstar
      • Network Platforms
      • Next DLP
      • Ovations
      • Paracon
      • Paratus
      • Q-KON
      • SevenC
      • SkyWire
      • Solid8 Technologies
      • Telit Cinterion
      • Telviva
      • 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
      • HealthTech
      • Information security
      • Internet and connectivity
      • Internet of Things
      • Investment
      • IT services
      • Lifestyle
      • Motoring
      • Policy and regulation
      • 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 » Supreme court to hear arguments on prisoners’ computer rights

    Supreme court to hear arguments on prisoners’ computer rights

    The supreme court of appeal is to hear arguments about the use of personal computers by prisoners.
    By Tania Broughton25 April 2023
    Twitter LinkedIn Facebook WhatsApp Email Telegram Copy Link
    News Alerts
    WhatsApp

    The supreme court of appeal is to hear arguments about the use of personal computers by prisoners.

    In two previous cases, judges have ruled that present policy, which prohibits or limits computer use, constitutes unfair discrimination. The minister of justice & correctional services is appealing against these rulings.

    The court documents were filed before revelations that Thabo Bester ran a scam business from his prison cell in Mangaung.

    The court documents were filed before revelations that Thabo Bester ran a scam business from his prison cell

    The supreme court will, later this year, hear arguments over whether prisoners in South Africa should be allowed to use their PCs in their cells in order 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 & correctional services, the national commissioner and the heads of the relevant prisons.

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

    Access to education

    Lawyers for Human Rights (LHR), which is representing one of the affected prisoners, said their case is concerned with the rights of those incarcerated to access education, which plays a significant role in their rehabilitation and preparation for re-entry into society. Their client, Mbalenhle Sydney Ntuli, secured an order in the high court in Johannesburg in September 2019 that he is entitled to use his PC, without a modem, in his single cell as long as he remains a registered student.

    The head of LHR’s penal reform programme, Nabeelah Mia, said the state had thus far been unable to prove well-founded security concerns to be specifically linked to having access to laptops. She said there were similarities between Ntuli’s case and that of Thabo Bester, and though LHR did not see major challenges during the hearing, the Bester case highlighted “the challenges that the department might need to take into account when establishing monitoring mechanisms”.

    Ntuli is serving a 20-year prison sentence for robbery. He registered as a student at Oxbridge Academy to do a data processing course.

    Initially he was authorised to use his computer in his cell for studying but after he was transferred to another section of the prison, he was told he had to study in the computer centre.

    Ntuli said since he was only allowed six hours outside his cell, during which time he had to shower, eat his meals and do his laundry, and since the computer centre was only open for limited hours, this limited his study time. The centre was also “noisy”, he said.

    The government respondents mainly raised the issue that to allow prisoners access to laptops in their cells would create a security threat — that inmates would smuggle modems into their cells or use illegal cellphones to create hotspots.

    But acting judge Molefe Matsemela said computers could be screened, and the respondents had not provided any evidence of security breaches. “They do not deny that the applicant has a right to further education.

    “Prisoners should be encouraged to obtain further education. Whereas previously the purpose of sentencing has been predominantly aimed at punishment, the importance of rehabilitation is now at the forefront. It is, after all, in the interests of society that ex-inmates are able to function fully in society,” Matsemala said.

    The second matter which the minister is appealing is a ruling — and subsequent 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 PCs in their cells to study.

    In heads of argument, filed with the supreme court, LHR said the previous court rulings were correct: prisoners retain the constitutional rights of an ordinary citizen except for liberty rights that are a necessary consequence of imprisonment.

    The solution is to create a process through which correctional centre administrators may manage and supervise the use of computers in cells

    In the Ntuli matter, LHR said, the court set aside the prohibition on computers in cells in terms of the prison’s education policy “but otherwise left the policy intact, including all of its requirements and protections”.

    But the government appellants insist that the rulings have “opened the floodgates” without giving due consideration to security issues and the practicality and ability of correctional officers to monitor computer use, especially in communal cells.

    The Judicial Inspectorate of Correctional Services (Jics), has been admitted as amicus curiae (friend of the court).

    Director of legal services, Thembelihle Nhlanzi-Ngema said given the volume of complaints it has received about the issue, it was in the public interest to reach finality on the lawfulness of the education policy. “If the appeal succeeds, it may have dire consequences for inmates whose hard-won constitutional rights are potentially at stake.”

    JICS said the right to education is one of the substantial rights which may not be denied or limited and computers are a necessary tool.

    Recidivism

    “Access to education in cells improves mental and physical well-being. It increases the inmate’s chances of post-release employment, rehabilitation, personal development and autonomy, which reduces the risk of recidivism.”

    “The solution is to create a process through which correctional centre administrators may manage and supervise the use of computers in cells… It would be just and equitable for this court (the supreme court of appeal) to grant an order directing the minister to prepare a new policy in consultation with Jics.

    “Jics receives and processes complaints from inmates about their frustrations with obtaining approval for their use of personal computers. Jics is well situated to assist in preparing a policy that does not infringe on their constitutional rights.”

    A date for the hearing of the appeal has yet to be set.

    • This article was originally published by GroundUp and is republished by TechCentral under a Creative Commons Attribution-NoDerivatives 4.0 International Licence. Read the original article here
    Follow TechCentral on Google News Add TechCentral as your preferred source on Google


    Molefe Matsemela Thabo Bester
    WhatsApp YouTube
    Share. Facebook Twitter LinkedIn WhatsApp Telegram Email Copy Link
    Previous ArticleConvergence Partners invests in fintech trading platform
    Next Article Ramokgopa wants 15GW bid window for renewable energy
    Company News
    Why most workforce engagement changes nothing - Change Logic

    Why most workforce engagement changes nothing

    29 May 2026
    Arctic Wolf takes aim at South Africa's security blind spots - Jason Oehley

    Arctic Wolf takes aim at South Africa’s security blind spots

    29 May 2026
    Murang'a county expands healthcare access with Paratus and Starlink

    Murang’a county expands healthcare access with Paratus and Starlink

    29 May 2026
    Opinion
    Treasury's crypto crackdown is a betrayal of Mandela's promise - Duncan McLeod

    Treasury’s crypto crackdown is a betrayal of Mandela’s promise

    22 May 2026
    South Africa is sleepwalking into another AI policy failure - Celeste Labuschagne

    South Africa is sleepwalking into another AI policy failure

    20 May 2026
    AI won't fix your culture - it will expose it - Jackie Kennedy

    AI won’t fix your culture – it will expose it

    19 May 2026

    Subscribe to Updates

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

    Latest Posts
    SA telecoms industry veteran appointed to top Eskom job - Junaid Munshi

    SA telecoms industry veteran appointed to top Eskom job

    29 May 2026
    The hidden cost of social media age bans is everyone's privacy

    The hidden cost of social media age bans is everyone’s privacy

    29 May 2026
    South Africa's fraud surge runs on trust, not hacking

    South African fraud surge runs on trust, not hacking

    29 May 2026
    Watch: Bezos rocket erupts in fireball during ground test

    Watch: Bezos rocket erupts in fireball during ground test

    29 May 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}