Court permits use of computers for study by inmates in their cells

The blanket prohibition in the correctional services education policy on the use by prisoners of personal computers (PCs) in their cells has been declared invalid and set aside.

The Supreme Court of Appeal said on Wednesday prohibiting prisoners' use of PCs inside the cells infringed the right of prisoners to further education. 

Mbalenhle Sidney Ntuli, who has been serving a 20-year sentence at the Johannesburg Medium C Correctional Centre since July 2018, registered with the Oxbridge Academy to pursue a computer studies course, with a focus on data processing.   

Ntuli requires the use of a computer to do the course. 

In August 2018, Ntuli addressed a request to the head of the prison to use his PC in his cell to progress his studies. This was denied, with the reply: “‘Not approved. Educational policy is clear. No personal computers in cells.”    

Ntuli escalated his request to the regional commissioner, who replied that “due to security challenges of offenders using computers and laptops for other activities except for study purposes at most correctional centres, the offender cannot be allowed to have the computer in his cell but will be afforded an opportunity to use the computer room for study purposes”.

Ntuli then brought proceedings in the Johannesburg high court to challenge the policy. 

The high court found that the policy was an unjustified limitation of Ntuli’s constitutional right to further education and constituted unfair discrimination in terms of the Equality Act.

The high court declared that Ntuli was entitled to use his PC in his cell, without a modem, as long as he remains a registered student with any recognised tertiary institution in South Africa, subject to inspections, at any time, by prison staff. 

The minister of justice and correctional services was granted leave to appeal by the SCA, after the refusal of leave to appeal by the high court. 

In its judgment, the SCA said the policy, approved in 2007 by the acting correctional services commissioner, had a laudable objective to “use education as a basis for further development opportunities for offenders”.

The court said the policy contained certain sensible measures, including computer-based training. As to the use of PCs by prisoners, the policy permitted a prisoner registered for a course of study to use their PC, but only in a designated room, at set times, and under supervision. 

“Though Mr Ntuli has had access to the prison’s computer centre, the centre is only open from 9am to 2pm, Monday to Friday.

“Mr Ntuli is confined in his cell for 17 hours and 45 minutes every day. This long stretch of time could be used for study with the use of his personal computer,” acting judge of appeal David Unterhalter said in a judgment in which four other judges concurred. 

The court said Ntuli recognised that his use of a PC in his cell should be subject to inspection and the restriction that he may not connect his PC to the internet via a modem. 

The SCA said though Ntuli has not been prevented from enrolling in a computer studies course, a restriction has been placed upon his ability to pursue this course of study. 

However, Unterhalter said this conclusion did not mean the state was under an obligation to provide prisoners with a computer for use in their cells to further their education.   

“Second, I do not hold that every course of further education requires that a prisoner must be allowed to make use of their personal computer in their cell. Such use will be indispensable for certain courses, if a prisoner is to pursue their studies with diligent application.” 

The SCA suspended the order that the policy was invalid for 12 months to allow the department of correctional services to revise its policy.    

The court said pending the revision of the policy, any registered student in a correctional centre who needs a computer to support their studies, and/or any student who has registered for a course of study that requires a computer as a compulsory part of the course, is entitled to use their PC without the use of a modem in their cell for as long as they remain a registered student with a recognised tertiary or further education institution in South Africa. 

The court said Ntuli or any other student who keeps a PC in their cell for study must make it available for inspection at any given time by the head of the correctional centre. 

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