Refusal by government to provide it was “unlawful and invalid” says judge By Elna Schütz The Department of Correctional Services (DCS) and the Minister of Justice and Correctional Services must release a report on alleged torture of inmates by prison personnel at Mangaung Correctional Centre in Bloemfontein. The Centre for Applied Legal Studies (CALS) has successfully applied to be given access to an...

Security company wants report to be redacted if it is to be released By Elna Schütz Judgment has been reserved in an application for access to a report investigating claims of torture at the Mangaung Correctional Centre in Bloemfontein. The Centre for Applied Legal Studies (CALS) made a request for the information to the Department of Correctional Services (DCS) in 2014, following media...

1982 law criminalised free speech By Zoë Postman In a unanimous judgment, read by Justice Leona Theron on Tuesday, the Constitutional Court declared Section 1(1)(b) of the Intimidation Act of 1982 unconstitutional and invalid because it unjustifiably limited the right to freedom of expression. The section of the Act states that persons will be guilty of an offence if they act in a...

Can an accused be convicted of rape for being part of a group with a common intent to rape? By Ohene Yaw Ampofo-Anti The Constitutional Court has been asked to rule on whether or not the doctrine of “common purpose” can be applied to rape: in other words, whether or not people who share the intent to rape can be convicted of...