Correctional Services Minister Pieter Groenewald has announced new measures permitting prisoners, who are enrolled in higher education programmes, to use personal computers in their cells for the purpose of studying.
This comes after the Constitutional Court in April confirmed constitutional invalidity made by the Supreme Court of Appeal that the department’s Policy Procedure Directorate Formal Education was unconstitutional and invalid.
The court found that the policy prohibits the use of personal computers in cells for purposes of further education in circumstances where such use is reasonably required for such further education.
It ordered the department to prepare and promulgate a revised policy within 12 months from the date of the judgement.
Responding to questions in the National Assembly, Groenewald said the apex court had ruled that no electronic equipment should be used in the cells
“Only enrolled students with institutions of higher learning will have access to the computers and the study material,” he said.
According to Groenewald, the department will ensure that all distance learning institutions are registered with the Department of Higher Education and Training and their qualifications are accredited by the South African Qualifications Authority.
“Registration at higher learning institutions is subject to conditions that require the institution to be contacted to determine the requirements for the hardware and software prior to registration.
“No access to internet or any other hardware device that may impact negatively in the administration and security of the correctional centre is allowed.”
He also said offenders with previous convictions relating to internet fraud would not be allowed to register for any computer related studies.
“The head of the correctional centre is responsible for ensuring and determining whether the inmate convicted of internet fraud or internet-related fraud has been sufficiently rehabilitated to be permitted to register for studies requiring the use of a computer, provided their computer access is strictly regulated and monitored,” said Groenewald.
The Minister said offenders who require the use of laptops or computers for their studies will be required to sign an undertaking that they will utilise the equipment for the intended purposes only and that misuse of such equipment will lead to the immediate deprivation of the privilege.
“DCS Information Technology Services will be tasked to ensure that offenders do not have access to internet while in their cells by removing connectivity built-in modems. They will only be able to download their study material online as previously arranged, which was during the day, so they can complete their assignments online.”
Groenewald reiterated that the finding of the Constitutional Court was that no modems will be allowed in the cells.
“There will be inspection and checks to ensure that that will be complied to. So they will have the access for further learning and we are actually trying to enhance that as part of the rehabilitation process of the inmates.”
He assured MPs that the department will prevent an authorized addition of modems or other communication devices to the personal laptops of the prisoners in light of the prevalence of contraband in prisons by staffers.
“There are standard operating procedures, and part of that, for instance, is to have regular searches in the cells when people enter our facilities, because that’s also referring to contraband,” said Groenewald.
