JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Volume 9(1) - 2005



Editorial 2005 (1)


2004 saw the promulgation - at last - of the bulk of the Correctional Services Act of 1998, which was intended to bring correctional standards in line with the Constitution of 1996. But in March 2005, the Department of Correctional Services released a new White Paper, setting a new...




A review of the Judicial Inspectorate of Prisons of South Africa

 Jagwanth, Saras 

Saras Jagwanth reviews the functioning of the Office of the Inspecting Judge of Prisons as an instrument of oversight over corrections that is intended to improve the implementation of human rights in prisons. Of particular note is her discussion of the legislative mandate to investigate corruption in prisons accorded...


Civilian oversight and South African prisons: An examination of the Independent Visitor system

 Gallinetti, Jacqui 

Jacqui Gallinetti explores the efficacy of the system of Independent Prison Visitors (lPVs) set up by the Office of the Inspecting judge. Drawn from surrounding communities, the IPVs are required to facilitate the resolution of prisoners' complaints.

The author notes that, whilst certain areas of concern emerged such as...


Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment as adopted in 2002 by the UN General Assembly 57/1999: Implications for South Africa

  Fernandez, Lovell 

Lovell Fernandez examines the implications for South Africa of ratifying the Optional Protocol to the Convention against Torture, adopted by the United Nations in 2002. Having ratified the Convention in 1998, South Africa is obliged to prohibit torture through legislation.

However, the Optional Protocol provides a further important mechanism...


Policy and practice in South African prisons: An update

 Sloth-Nielsen, Julia 

Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the transformation in staff representativeness. She discusses various aspects of prison building design, including the still controversial privatisation of two...


Prisoners' rights litigation in South Africa since 1994: A critical evaluatIon

 De Vos, Pierre 

Pierre de Vos examines oversight of prisons by the courts. Noting that the Constitution contains generous and explicit provisions elaborating prisoners' rights, he expresses surprise that so few cases have been launched.

The study reveals that many cases are settled and that the terms of such settlements are not...


Surveying the prisons landscape - what the numbers tell us

 Muntingh, Lukas 

In a survey of quantitative data, Lukas Muntingh illustrates that Southern Africa has relatively high imprisonment rates. Further, the South African figures are skewed, showing that almost half of the prison population range from 18 to and 25 years of age.

Proportionately more 'coloured' young men are imprisoned than...