Recreational activities must be provided in all correctional centres (Regulations to the Correctional Services Act, Regulation 11).
Access to activities depends on security classification. Untried prisoners are not entitled to rehabilitation or development services such as social work, educational or psychological services.¹ Access to other activities in remand centres centres is also severely limited.² The Department of Correctional Services and the Judicial Inspectorate for Correctional Services report a lack of rehabilitation programmes. The prison administration attributes this to the shortage of staff. Correctional officials sometimes manage programmes, despite not having received proper training.³

The prison administration and the Department of Arts and Culture (DAC) cooperate to provide art programmes in prison.¹
Sentenced prisoners classified in A and B groups, in minimum and medium security prisons, can play musical instruments and/or join a choir group.²

Every correctional centre must have a library. They must contain literature of “constructive and educational value” (Regulations to the Correctional Services Act, Regulation 13).

Various permutations exist: dedicated space, book trolley, book locker, etc. All prisoners are authorised to have two library books in their possession. Reading material can come in the form of publications, videos, audio material, film or computer programmes.¹ The Correctional Services Act 111 of 1998 specifies that prisoners can have access to reading material of their choice, “unless such material constitutes a security risk or is not conducive to their rehabilitation” (Section 18). They can also receive it from the outside (Regulation 13).

In practice, the SAHRC reports a systemic failure to provide adequate standards of reading facilities,² notably in remand centres, many of which do not have libraries or book collections.³ Ebongweni Super-Maximum offers an on-site library, but prisoners are only allowed to read in their cells. They have to write a letter of request to have access to the books.⁴

Prisoners do not receive salaries or wages but rather ‘gratuities’. The amount is minimal¹ and adjusted annually.² It is determined by the National Commissioner with the approval of the Minister of Finance (Correctional Services Act 111 of 1998, Section 40.4).

In some prisons, a list of job opportunities is provided with the corresponding gratuity. In the event of injury, compensation may be paid at the discretion of the National Commissioner.

Education is free up to and including grade 12 (including N1-N3 business studies).

Sentenced prisoners can pursue the following educational programmes:

• Pre-Adult Basic Education and Training (Pre-ABET): to learn how to read and write

• Adult Basic Education and Training (ABET) levels 1 – 4¹

• Further Education and Training (FET): education up to and including grade 12 (including N1-N3 business studies)

• Higher Education and Training (HET): distance learning and for the purpose of obtaining a diploma, occupational certificate, degree, or professional qualification

• Computer Based Learning: computer literacy and other online courses

Education must be provided by a qualified educator and the programme must be in accordance with the national education system. Sentenced prisoners who have not obtained ninth grade or adult education and training level 4 must pursue such studies until the age of 25 (Regulations to the Correctional Services Act, Regulation 10.2). Children and illiterate sentenced prisoners are required to take part in educational programmes (Correctional Services Act 111 of 1998, Section 41.2).

The South African Human Rights Commission (SAHRC) reports that there is a systemic failure to provide adequate standards of educational facilities,² notably in remand centres.³ Access to higher education is also difficultly accessible in correctional centres.

The prison administration states that sentenced prisoners can pursue Higher Education and Training (HET) which includes distance learning for the purpose of obtaining an occupational certificate or professional qualification. The prison administration recognises that training facilities for skills development do not meet industry standards and need to be upgraded. Accredited vocational training programmes include woodwork, welding, clothing and textile, agriculture, and food.¹

In practice, workshops are usually either full or poorly equipped.² The Judicial Inspectorate for Correctional Services (JICS) notes that some facilities are underutilised due to budgetary discrepancies. In one case, the prison administration organised welding training, but had not budgeted for welding rods.

Access to a computer is not always guaranteed as stations are limited and time allocated is insufficient. This notably affects prisoners pursuing distance learning tertiary education.¹

Prisoners registered as students are authorised to possess a personal computer. However, this provision is not upheld in practice and has been challenged in the courts, including in Hennie and Others v Minister (2015), and Pretorius and Others v Minister (2018), which ruled in favour of prisoners’ right to use personal computers.¹

The decision to provide access to televisions is taken by the prison governor and depends on the budget allocated to activities. Televisions are generally located in cells for state-run prisons, and in communal areas for privately-run prisons. In state-run prisons, different organisational schemes are put in place: a common cell may have access to television on a given day of the week, and another cell on another day, in alternation. Untried prisoners may possess a private portable television set with five ‘television games’ and ‘five battery operated hand-type games’.

The B-Orders state that prisoners may not be in possession of electronic devices that connect to the internet (Paragraph 1.35.1). Exceptions apply for educational purposes.

The Constitution (Section 14) and Correctional Services Act 111 of 1998 (Section 15) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion. Prisoners may possess religious literature, and attend religious services and meetings held in the correctional centre (Section 14). Sentenced prisoners under Group A security classification and remand prisoners are authorised to possess religious jewellery.

Places of worship of all religious denominations must be provided, “where practicable”, in every correctional centre (Correctional Services Act 111 of 1998, Section 14.3). In practice, there is generally a single place of worship shared by the different denominations and a schedule that accounts for their respective prayer times.

Prisoners can receive visits from chosen religious counsellors (Correctional Services Act 111 of 1998, Section 13.2), otherwise known as spiritual care workers. Such personnel must follow a one-year course on correctional ministry.¹ Faith-based organisations (FBOs) regularly visit prisoners, on a weekly or biweekly basis, to provide religious services.

Prisoner committees exist in some facilities. They meet with the prison governor or their representative on a regular basis to raise issues or concerns. Some of these committees operate under a democratically elected prisoner spokesperson.

Prisoners over the age of 18 can participate in national and provincial elections (Electoral Act 73 of 1998, Section 24B). Mobile voting stations may be put in place (Section 65.1A). Prisoners cannot, however, participate in local elections. The Independent Electoral Commission is responsible for visiting correctional centres to register prisoners as voters, which requires an identity document.¹