Prisoners across the country have threatened to embark on a massive hunger strike as of Monday, November 20, in response to the recent court order allowing them to use laptops inside jail as well as other issues affecting them.
In September, the Supreme Court of Appeal heard arguments on prisoners’ computer rights and use within cells, with the court ruling in favour of their rights to make use of laptops while being imprisoned.
On November 8, the SCA ruled that current policies governing the use of laptops in prison discriminated against prisoners’ constitutional rights.
The current 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 were taken on appeal by the Minister of Justice and Correctional Services Ronald Lamola and National Commissioner Makgothi Samuel Thobakgale, who were ordered to scrap this policy and the pay legal costs of one of the inmates who was denied the use of a laptop for his studies in a 2018 court matter.
Lawyers for Human Rights (LHR), representing one of the affected prisoners, Mbalenhle Sydney Ntuli, secured an order in the Gauteng High Court, Johannesburg, in September 2019 that he is entitled to use his personal computer, without a modem, in his single cell as long as he remains a registered student.
The SCA ruled on November 8 that the exclusionary policy of not allowing inmates the use of a laptop discriminated against the rights of inmates.
“The policy as it stands, excluded all use of a personal computer by a prisoner for study in their cell. The blanket exclusion fails to have regard to the courses of study that prisoners may undertake in which the use of a personal computer in their cell is of benefit.
“This is unquestionably the case for Mr Ntuli and the course of computer studies he has undertaken. The policy thus infringes his right to further education,” the court ruled.
The court subsequently ruled that this policy be set aside, resulting in the department’s appeal failing.
South African prisoners rights activist Golden Miles Bhudu,who spoke to The Star on Sunday, said he supports SA prisoners who have reached out to him and others on the need for this strike as more and more other issues affecting prisoners continue to be swept under carpet.
“We support the calls being made for a nationwide strike. Whether or not the strike will get off the ground, we will have to wait and see.
“The entire Correctional Services system has collapsed in this country and no one wants to listen to what the prisoners have to say.
“This is a necessary strike as there are numerous issues that continue to degenerate. You must study a report by retired Judge Cameron to understand how bad things are in this country,” he said.
A voice note calling for a strike -- circulated on social media -- seems to suggests that prisoners are still being denied their rights to use laptops in their cells.
“I know you might have heard from the grapevine that the Mangaung Prison has submitted a memorandum for a strike on Monday. Prisoners are prepared to stand up for their rights. They don’t have to use violence ... It is almost 30 years and it is time now that prisoners must stand up, peacefully and embark on what we call prison disobedience or passive resistance,” a voice note circulated on social media says.
According to this voice note, prisoners will be embarking on a prolonged hunger strike until their demands are met.
Spokesperson for the Department of Correctional Services, Singabakho Nxumalo, said the department was not aware of an impending hunger strike.
“I am afraid the Department of Correctional Services is not aware of such rumours,” he said.
The Star