Minister of Justice and Constitutional Development and Others v Ntuli (Judicial Inspectorate for Correctional services intervening as amicus curiae) (539/2022) [2023] ZASCA 146

10th November 2023

Minister of Justice and Constitutional Development and Others v Ntuli (Judicial Inspectorate for Correctional services intervening as amicus curiae) (539/2022) [2023] ZASCA 146

Click here to read the judgment on Saflii

Constitutional law – the right to further education – s 29(1)(b) of the Constitution – unfair discrimination – Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (the Equality Act) – whether the Policy Procedure Directorate Formal Education Programmes (the Policy) of the Department of Correctional Services constitutes unfair discrimination in terms of the Equality Act – high court had no jurisdiction to make an order in terms of the Equality Act – whether the Policy constitutes an infringement of the right to further education of prisoners and is therefore inconsistent with the Constitution – the Policy prohibiting a prisoner from using their personal computer in their cell to further their studies is an infringement of s 29(1)(b) of the Constitution – content of the right includes the right to pursue further education without state interference – security concerns not established as a ground of limitation.