Inmate visitation rights are under legal review after a prisoner took action against sudden restrictions at a Gauteng facility. Image credit: File.
(The Post News) – Inmate visitation rights are at the center of a legal battle brought before the Gauteng High Court, where a prisoner from Kgosi Mampuru Correctional Centre is challenging new limitations placed on his right to receive visitors.
Inmate Visitation Rights at the Heart of Legal Challenge
The dispute began when the inmate, Xolani Zulu, filed an urgent court application contesting the recent changes made by prison management regarding inmate visitation rights. According to Zulu, his family was unexpectedly denied access when they arrived at the facility, prompting him to seek answers from prison authorities.
As a result of this inquiry, Zulu was informed that all previous “free visits” that had not counted toward his annual limit were now being subtracted from his 48-visit yearly allocation. Furthermore, he was told that these visits had already exhausted his total for the cycle, which meant his visitation rights would be scaled back to just one visit per month until the next calendar period began.
Notably, the inmate claimed that this change was neither communicated to him in advance nor backed by a clear policy. He also emphasized that he depends heavily on family visits, not just for emotional support, but also to receive money for food purchases from the prison tuck shop. Due to health reasons, Zulu avoids standard prison meals, making these visits essential to his well-being.
Moreover, he revealed that while the correctional department now asserts that each inmate is entitled to 48 visits annually, his own access was cut off after just 45 visits without explanation or proper notice. This, he argued, shows how his inmate visitation rights were unfairly limited without due process.
Central to the legal challenge is the issue of “free visits.” During the previous year, the former head of the facility had allowed these visits as a goodwill gesture, assuring that they would not affect the standard annual limit. However, the acting head has since taken a different position, asserting that no official rule mandates such free visits and that their inclusion in the annual quota is now at the discretion of prison leadership.
The department further explained that under current policy, inmates classified under Group A may receive up to four contact visits per month, totaling 48 annually. Once this allocation is used up, the system defaults to a reduced allowance of one visit per month. While the department insists that Zulu is not being denied visits entirely, it admits that his current entitlement is now restricted due to the visit cap.
Inmate Visitation Rights Policies Under Fire for Lack of Clarity
Even so, the court expressed concern about the lack of transparency. Judge Rochelle Francis Subbiah pointed out that the department failed to provide a detailed breakdown clarifying which visits were counted and which were considered free. This lack of clarity, the judge stated, undermines the principles of fair administrative conduct and raises serious questions about how inmate visitation rights are being managed.
In her ruling, the judge highlighted that prisoners have a constitutional right to maintain contact with their families and must be treated with dignity. She ordered the correctional department to deliver a complete record of Zulu’s visits, clearly identifying which were free and which were deducted from his annual quota. If it turns out that free visits were wrongly counted, the department must reassess Zulu’s inmate visitation rights accordingly.
Ultimately, the case has exposed inconsistencies in the implementation of visitation policies and sparked broader questions about how inmate visitation rights are upheld within South African correctional facilities. As the legal process continues, it remains to be seen whether the court’s intervention will prompt more transparent and consistent application of visitation rules going forward.
Please share your thoughts contact Thembeka via email: Journalist-thembeka@thepostnews.net
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