Latest news with #Concourt
IOL News
10 hours ago
- Politics
- IOL News
President Ramaphosa celebrates 30 years of the Constitutional Court's role in safeguarding democracy
. President Cyril Ramaphosa reflected on the Concourt's remarkable contributions to freedom, dignity, and social justice. Image: Itumeleng English / Independent Newspapers From ensuring same sex marriages, access to HIV/Aids treatment, to ensuring social justice is affirmed, the country's Constitutional Court, which on Friday celebrated 30 years of existence, has been hailed for its contribution to the country's constitutional democracy. President Cyril Ramaphosa reflected on the apex court's contribution to freedom, dignity, and justice during his keynote address at the court's headquarters at Constitution Hill, Braamfontein.. Ramaphosa also extended his gratitude to all the Chief Justices and Senior Justices who have led the highest court in the land over the past three decades. Over the years, the court has handed down some judgments that have had a profound impact on the law in South Africa, including the abolishment of the death penalty in 1995, the 2002 right to health care and access to HIV/Aids treatment, the 2004 right of access to social security by permanent residents, among many others. "When the Constitutional Court was established 30 years ago, it was a bold response to a history that had denied the majority of South Africans basic human rights. The court was tasked with safeguarding the Constitution of 1996. Each role was deeply symbolic, and it acted as a symbol of a bold, immortal legal compass. This court was established and built on the grounds of former president Nelson Mandela to embody and become an instrument of justice," he said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ The Constitutional Court, led by Chief Justice Mandisa Maya, commemorates 30 years today since its establishment Image: Kamogelo Moichela Ramaphosa intimated that when the Concourt was established by former statesman Nelson Mandela, it sought to ensure that all South Africans' basic human rights were protected as enshrined in the guiding document called the Constitution. "As we cast our minds back to May 1996, when our Constitution was established, and in my capacity as the chairperson. It became our nation's birth certificate, reflecting a history we have emerged from, built on the values of dignity, equality, and freedom. It sought to affirm the identity and legality of every human being... "Just as a parent would attend to the health of their child, the establishment of the court allowed it to be free, as it was born of struggle and hope. "We believe that never again shall South Africa be governed without equality, dignity, and justice for all. This court has contributed not just judicial validation but has also elevated the consciousness of our people and contributed to building trust in our legal and judicial system. It has also contributed to advancing social cohesion and reconciliation, which has been enhanced by this court through its judgments, ensuring that all people are treated fairly, while promising a sense of belonging to all citizens," he added.
IOL News
30-04-2025
- Politics
- IOL News
Constitutional Court grants South African prisoners the right to study with personal laptops
Prisoners who are studying won a victory when the Constitutional Court ordered that they may use their laptops in their cells, provided that they have no modems. Image: File In a victory for prisoners across South Africa, the Constitutional Court ruled that they can use their computers to study in their cells, provided that they are registered students and that the computers are without a modem. In a unanimous judgment, the court declared the current policy of Correctional Services that bars inmates from using their laptops or computers for studying purposes unconstitutional. The department was given a year to promulgate a revised policy. In the meantime, the Concourt ordered that studying inmates may use their laptops in their cells. The Court, however, made it clear that this case is concerned only with the rights of prisoners to personal computers for educational purposes. 'Nothing in this judgment should be regarded as expressing any view on the justifiability of restrictions on the use of personal computers in cells for any other purposes,' the court said. It also made it clear that those using laptops in their cells to further their studies will be required to make them available for inspection at any time. If there is a breach of the rules, the inmate can lose their privileges in this regard. The landmark judgment followed an application launched in 2018 by a prisoner, Sidney Ntuli, challenging the provisions of the department's policy prohibiting the use of personal computers in prison cells. While the department said he and other inmates are free to use the computers in the prison's study facilities, Ntuli said he has limited access to this as he is mostly locked up. The computer room is only open for limited hours a day, and Ntuli said he is permitted to be outside his cell for only six hours per day. In September 2019, the court handed down judgment in favour of Ntuli. It found that the policy unfairly discriminated against him and was an unjustifiable limitation of the right to further education of incarcerated persons, and therefore inconsistent with the Constitution. The state parties appealed this judgment in the Supreme Court of Appeal (SCA), which in November turned down the appeal. In its reasoning, the court held that the policy prohibiting the use of personal computers in cells infringed upon the rights of prisoners to further education, where such prisoners required the use of personal laptops to pursue their studies. The department, in turning to the Constitutional Court, maintained that the use of personal laptops or computers posed a security risk. Correctional Services also argued that there is no blanket ban and thus no infringement of rights, as the computer room was open to these students. But the Constitutional Court said that access to the computer room, due to the limited hours it is open, is wholly inadequate and in effect boils down to an unjustifiable limitation of the right to further education. Regarding the department's security fears, the Court said that despite the 'endless list' of daily security issues mentioned, no evidence of any of these myriad issues was adduced. 'Moreover, we are still in the dark as to the rationale behind the Policy (banning laptops in cells),' the Court said. It commented that belatedly, new alleged security concerns were raised by the department, such as the potential danger presented by the electrical cords of computers and laptops in the cells. 'This, too, like the bogeyman threat posed by illicit cellphones, is up the creek without a paddle… 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,' the court said. It concluded that Correctional Services, the minister, and other related parties have failed to put up justification for the limitation of the respondent's right to further education. Ntuli has, meanwhile, concluded his studies, but he paved the way for this victory for his fellow inmates. [email protected]
