U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

'Normal' Prisons in an 'Abnormal' Society? A Comparative Perspective on South African Prison Law and Practice

NCJ Number
108897
Journal
Criminal Justice Ethics Volume: 6 Issue: 2 Dated: (Summer-Fall 1987) Pages: 37-51
Author(s)
D Van ZylSmit
Date Published
1987
Length
15 pages
Annotation
The author examines the prison system of South Africa, observing that it is 'normal' in the sense that it is guided by generally accepted legal standards.
Abstract
The author then examines South African common law establishing prisoners' rights and limiting the power of prison authorities. Until the early 1960's, the South African Prisons Service was directed by case law and legislation to ensure that prisoners were safely and lawfully detained and treated in a manner leading to their rehabilitation. South Africa's racial and civil rights conflicts have influenced subsequent case law and legislation regarding the powers of the Prisons Service. In recent years, prisoners' rights have been curtailed. Prisoners detained in custody for interrogation have been held to be entitled only to necessities and not to comforts. Political prisoners have been denied access to news of current events. The author observes that legislation and administrative regulations now in effect in South Africa limit severely the few fundamental rights of prisoners. Racial segregation in prisons, while not prescribed, is tolerated. The author reports that while legal safeguards to ensure fair treatment of prisoners exist, the current state of emergency in South Africa overshadows any positive developments in prison law and practice. 121 footnotes.