Magister Legum - LLM (Public Law and Jurisprudence)

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Growing without poverty: The role of good governance and pro-poor growth in the realisation of socio-economic rights and human development in Africa
(University of the Western Cape, 2008) Ogbonna Hilary; Dr Chenwi Lilian
The idea of good governance has always occupied the discussions of public administrators, civil society and the development as well as aid communities. As a concept, good governance became popular as a response to the failures occasioned by the Structural Adjustment Programmes (SAP) of the 1980s. It however gained grounds with the disruption of constitutional orders in most African and developing countries in the late 1980s and early 1990s. In its traditional sense, good governance is usually used with particular reference to political governance. In this guise, it is related to such concepts as democracy, participation, human rights, rule of law and transparency, amongst others. Good governance ensures that political authorities and institutions are accountable to the guarantee of all human rights because all rights are universal, interdependent, interrelated and indivisible as enunciated by the Vienna Declaration+ It also means that traditionally marginalised rights like economic, social and cultural rights be given maximum attention in the design and implementation of economic policies.
Provincial intervention in local municipalities: the case of South Africa
(University of the Western Cape, 2025) Qonongo, Nomxolisi Stella; Fessha, Yonatan
The thesis examines provincial interventions in South African local governments by focusing on Section 139 of the Constitution, which allows provincial governments to intervene when local councils fail to meet certain executive obligations, particularly those related to service delivery and financial management. While South Africa’s Constitution grants autonomy to local municipalities, it simultaneously permits provincial intervention under specific conditions. This brings to light an inherent tension between empowering local governments on the one hand and ensuring accountability and effective governance on the other. The thesis argues that this balance – meant to facilitate oversight without undermining local governance – has been inconsistently managed, resulting in interventions that may, in some cases, encroach on local government autonomy.
Domestic implementation of the Rome statute of the international criminal court: a South African perspective
(University of the Western Cape, 2025) Daniels, Lucille Joy; Mushoriwa, Linda
This mini thesis examines the domestic implementation of the Rome Statute of the International Criminal Court from a South African perspective. It examines South Africa’s Implementation of the Rome Statute of the International Criminal Court Act (ICC Act) which came into effect on 16 August 2002 and highlights the challenges related to the implementation of this Act; within the context of immunity of heads of state. It also draws a comparison between the ICC Act and the International Crimes Act of Kenya and the International Criminal Court Act of Uganda. It is argued that even though an African Union/International Criminal Court tension exists, South Africa has through various means recommitted itself to its international obligations as a State Party to the Rome Statute.
The role and functions of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) in land reform in South Africa
(University of the Western Cape, 2004) Oliphant Laetitia; de Ville Jacques; Mostert Hanri
In this minithesis, I set out to determine the degree to which the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is in line with the objectives of South Africa's land reform policy with regard to the promotion of access to land and security of tenure, and to determine to which extent the Act has contributed to land reform. A brief historical overview of South African land law is provided in order to indicate the reasons for enacting PIE. Current land policy is then described to establish the extent to which the Act is in line with the objectives of land reform and its constitutive components. The motivation giving rise to the enactment of PIE is analysed in more detail by setting out the objectives of the Act and the basic procedure prescribed for eviction under the Act. The flaws identified in the Act are analysed with reference to case law. The Act along with the proposedamendments are then systematically compared to the objectives ofthe land reform policy. Conflicting views regarding the place of PIE in the land reform system gave rise to the present investigation. As the Act has its roots in section 26(3) of the Constitution, it has been linked to the right of access to adequate housing, which has led to the interpretation that it was a means of effecting land reform. It is evident from the investigation that the Act was intended too further purposes of land reform. However, the interpretation of the Act by the courts supports the notion of employing the Act as a means of effecting broader social reform. I argue that the Act makes a limited contribution to effecting the right of access to adequate housing. In terms of ensuring security of tenure, however, the Act plays a pivotal role in the prevention of arbitrary evictions. This minithesis is concluded with a description of the implications of this investigation.
The decriminalisation of prostitution in South Africa: towards a legal framework
(University of the Western Cape, 2010) Rhoda, Gary
This mini-thesis seeks to provide a substantiation for the need for a new legal framework for South Africa in order to address prostitution. It will argue that the current legal framework has failed in its desired aims and in addressing prostitution effectively. It will begin by explaining the connection between prostitution and human rights in order to establish the basis from which to proceed in an attempt to legislatively address prostitution. It maintains that whatever legislative framework is adopted, it needs to be entrenched in a human rights approach to prostitution. The international and domestic legal framework that currently governs prostitution will be unpacked. In terms of the international legal framework, this mini-thesis establishes that the international legal framework proceeds from the presumption for the need for total criminalisation of prostitution to the presumption of choice of legislative answer to prostitution. The legislative framework is entrenched in the acceptance that all forms of forced prostitution should be eradicated. Moreover, it finds that the current domestic legal framework, which criminalises prostitution, is insufficient in meeting its desired aims. This mini-thesis critically analyses the underlying reasons for prostitution in South Africa and discovers that it is influenced by a myriad of interrelated factors. The current level of poverty and the prevailing socio-economic paradigm in South Africa have contributed to its complex nature. The demand for prostitution acts as a catalyst for both the further exploitation of prostitutes and women, while making them vulnerable to sexually transmitted diseases. I establish that criminalisation alone is not sufficient to address prostitution, especially given the HIV/AIDS epidemic. The current judicial discourse on prostitution is critically analysed and it is found that it entrenches stereotypical notions of gender and sexual roles in South Africa. Even in the Constitutional Court, these notions form part of judicial decision-making. As such, judicial decisions have highlighted the need for a human rights approach to prostitution that is victim -centred.
Safeguard dilemmas: The need for practical special and differential treatment for developing countries
(University of the Western Cape, 2006) Lebero, Karugarama Richard
Safeguards are among the most controversial of all trade remedies, due to the fact that they are contrary to the general principles of international fair trade as articulated in the various agreements governing the relationship between Members of the World Trade Organisation (WTO). To illustrate this point: the decision by Member states to implement safeguards has in the past, and still is, severely criticised by the standing Appellate Body, the highest dispute settlement arena of the WTO. Thus, developing countries, least developed countries (LDC), South Africa, and other Sub-Saharan African countries, are hard-pressed to deploy and consider safeguards as an option, even in bona fide instances where these remedies are consistent with underlying trade and legal theory, considered together with the WTO rules. While pressure groups often seek to exert influence on governments to invoke safeguard measures for political and economic reasons, governments are seldom prepared to do so in light of the controversy surrounding safeguards and the strict interpretation thereof under the WTO structures.
Critical overview of the application of the default system in South Africa's matrimonial property regimes
(University of the Western Cape, 2010) Jassiem, Mogammad Shamiel; Gallinetti, Jacqueline
Equality, human dignity and freedom are the bedrock on which the South African democracy stands firm. The Constitution outlaws unfair discrimination and guarantees every person in this country equality before the law and the right to the equal protection and benefit of the law. But equality cannot, and does not, mean only equality on paper or in theory. That is simply not good enough. Promoting and achieving equality- and, indeed, the other human rights protected in the Bill of Rights- requires an acute awareness of the lived realities of people's lives. One of these realities is that many people in South Africa are unable to enforce their legal rights because they do not know what these rights are, what they mean in practice and how to protect them. The South African Constitution' provides that everyone is equal before the law and has the right to equal protection and benefit of the law.' Section 9(3) provides that everyone has the right not to be unfairly discriminated against on the grounds of race, gender, sex, pregnancy, marital status, ethnic and social origin, colour, sexual orientation, age disability, religion, conscience belief, culture, language and birth.4 Statutes have been adopted, limited and extended to ensure that the laws align with the rights entrenched in the Bill of Rights of the Constitution.
Towards low carbon public transport in South Africa: a critical legal analysis of the City of Johannesburg’s local environmental governance instruments
(University of the Western Cape, 2025) Awadh, Aaliyah
The transport industry is responsible for a large portion of carbon emissions globally. The transition towards low carbon public transportation, is thus crucial, in order to limit emissions and prevent the detrimental effects of climate change on the environment as well as on human health and wellbeing. In South Africa, the need for low carbon public transport is driven by environmental concerns and the increasing need for reliable and affordable transport services and improved transport infrastructure in cities. Despite this, there are multiple obstacles within the current legal framework preventing the realisation of a low carbon transport system in South Africa, and more specifically in the City of Johannesburg which this study focuses on. Legal governance is fundamental in promoting the movement towards low carbon public transport with municipalities being one of the most important role players in guiding cities towards this goal. However, the legal and policy framework governing low carbon transport is fragmented and does not allow for a coordinated effort in implementing and enforcing low carbon transport plans and policies. In addition to this, obstacles such as the reliance on coal, limited financial resources, a lack of cooperation from public transport providers and a transport infrastructure built to enforce Apartheid’s segregation policies, have made it extremely challenging to comply with the legal obligations to move towards low carbon transport in South Africa. This research analyses the legal and policy gaps in relation to low carbon public transport. It looks at how municipalities, and specifically the City of Johannesburg, are using the current legal framework and policies to move towards low carbon public transport and how the use of Local Environmental Governance (LEG) instruments, such as market based commuter influences and carbon tax, can further assist in reaching these goals. The research will examine low carbon transport laws including section 24 of The Constitution of the Republic of South Africa, the National Environmental Management Act and the Climate Change Act which are the basis for environmental management in South Africa and extend to the transport sector.
Child marriage in Nigeria: a legal analysis of domestic laws and customary practices in relation to international human rights standards
(University of the Western Cape, 2026) Akanbi, Favour Funke
This study examines the persistence of child marriage in Nigeria by analysing how the country’s domestic laws and customary practices align with, or fall short of, international human rights standards. The research focuses on the tension between Nigeria’s international obligations and its plural legal system, which consists of statutory, customary, and religious laws. Although Nigeria has ratified key instruments such as the Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Discrimination against Women, and the African Charter on the Rights and Welfare of the Child, the practice of child marriage remains widespread in several parts of the country. This study employs a qualitative research approach based on desktop research. It analyses legislation, constitutional provisions, case law, and international treaties to identify inconsistencies and gaps that weaken protection for girls. The findings reveal that while the Child Rights Act of 2003 prohibits marriage under the age of eighteen, other laws, including the Constitution, contain provisions that create uncertainty. Section 29(4)(b) of the Constitution, for instance, indirectly recognises adulthood through marriage, thereby undermining the intent of the Child Rights Act. The research also considers the influence of cultural norms, poverty, gender inequality, and limited access to education, which continue to drive the practice despite existing legal safeguards. It finds that the coexistence of multiple legal systems and the uneven domestication and implementation of the Child Rights Act have contributed to weak enforcement and uneven protection for girls across the country. The study concludes that eliminating child marriage in Nigeria requires both legal and social reform. It recommends harmonising national and state laws on the minimum age of marriage, ensuring the full domestication and implementation of the Child Rights Act, and strengthening institutional mechanisms to improve enforcement. It further emphasises the need for public awareness, education, and collaboration among traditional leaders, faith-based organisations, policymakers, parents and children themselves, and other stakeholders, to promote the rights and empowerment of girls.
Access to adequate housing in South Africa: a critical analysis
(University of the Western Cape, 2025) Mkula, Sithembile
Access to adequate housing remains a pressing socio-economic right in post-apartheid South Africa, with millions residing in informal settlements under precarious conditions. This study explores the legislative and policy framework relating to the in situ upgrading of informal settlements, and how the human rights of those living in informal settlements are affected. It also considers the roles of the branches of government in ensuring thein situ upgrading of informal settlements. Employing a desktop research methodology, the analysis draws on legislation, policy frameworks (notably the Upgrading of Informal Settlements Programme). The findings suggest that, while courts have recognised a justiciable obligation on the state to progressively realise access to adequate housing, their willingness to issue structural orders mandating specific forms of compliance, such as the upgrading of informal settlements, depends on the reasonableness of state conduct. In addition, contextual considerations are critical, and eviction must be the last resort. The study concludes that judicial intervention, though cautious, can serve as a crucial mechanism in enforcing housing rights, particularly where state inaction or inadequate policy implementation undermines constitutional commitments.
Silent suffering: the violation of women’s human rights during childbirth in South Africa
(University of the Western Cape, 2025) Pearson, Vivan Lizaan
Obstetric Violence (OV), an unrecognised and widespread type of gender-based violence (GBV), occurs when a woman's basic human rights are violated while she gives birth. This dissertation looks at OV in the South African context and how it developed from the discrimination and segregation brought about by colonialism and apartheid, and how this has created a health care system that still negatively impacts maternal health today. OV can occur in several different ways, including through physical abuse, verbal abuse, neglect, and through non-consensual medical treatment such as forced sterilization. Marginalized groups such as coloured women, lower socio-economic status women, and women living with HIV/AIDS are most affected by OV. This dissertation also identifies that OV violates many rights under the South African Constitution and other international and regional human rights instruments. International and regional frameworks like CEDAW (Convention on the Elimination of All Forms of Discrimination against Women) and the Maputo Protocol provide a basis for states to be held accountable for the actions of their state (and non-state) actors. This dissertation also reviews the legislative developments in some Latin American countries that have criminalized OV. This dissertation makes recommendations for a multifaceted strategy to address OV, and these include legislative reform, raising awareness of OV among the general population, providing comprehensive education and training to all persons who will provide health care services to pregnant women, as well as creating effective mechanisms for complaints to be filed and for accountability to exist. This dissertation also identifies further research as being necessary to better understand the extent to which OV exists and the effects of OV on women over time, and to determine whether the interventions identified in this dissertation were/are successful in preventing OV.
An analysis of the South African legal framework in relation to health risk mitigation in the mining sector
(2025) Mooko, Gosego
The extraction of mineral resources forms the bedrock of South Africa’s economy, contributing to employment, the country’s GDP and overall socio-economic development. And yet, this extraction has substantial environmental and human health costs. Over the years, South Africa has built a comprehensive legislative framework regulating environmental management, the exploitation of mineral and petroleum resources and the industry’s occupational health and safety standards. Nonetheless, the mining industry continues to expose employees to risks and hazardous conditions exceeding the occupational exposure limits. This demonstrates how the South African mining industry often prioritises production over health risk mitigation measures, leading to a high prevalence of occupational illnesses and unfavourable working Conditions. This study analyses the existing corpus of environmental and mining legislation to determine the extent to which it addresses health risk mitigation within South Africa’s mining industry.
The Universal Periodic Review (UPR) mechanism: Any Imperative for participation therein and the implementation of its recommendations by the South African Parliament’s Portfolio Committee on Justice and Constitutional Development (PCJ&CD)?
(University of the Western Cape, 2026) Molo, Mkhululi Patrick
Despite being marginalised for years within international human rights law, the UN recently acknowledged the significant role that national parliaments can play in the international human rights framework, particularly through the Human Rights Council's Universal Periodic Review mechanism. Established in 2006, the Universal Periodic Review mechanism aims to assess adherence to and implementation of international human rights standards across all UN member states, with the goal of ensuring rights realisation at the national level. While the mechanism is primarily driven by UN member states, it allows for the participation of all relevant stakeholders, including national parliaments, to address the implementation gaps identified in its recommendations. In democratic societies, national parliaments, with their legislative and oversight functions, are regarded as the guardians of human rights and are better positioned to ensure State compliance with, and implementation of, the recommendations from UN human rights mechanisms, including the Universal Periodic Review. However, many national parliaments around the world, with few exceptions, remain largely disengaged from international human rights matters, including the Universal Periodic Review mechanism and the implementation of its recommendations at the national level. Consequently, this study investigates the extent to which the South African Parliament, specifically its Portfolio Committee on Justice and Constitutional Development, has promoted and protected human rights through its involvement with the Universal Periodic Review mechanism and the implementation of its recommendations concerning South Africa’s human rights situation. The Portfolio Committee on Justice and Constitutional Development is a South African Parliament committee that is constitutionally mandated to scrutinise and oversee government actions, particularly those of the Department of Justice and Constitutional Development, while also promoting and protecting human dignity, equality, and freedom. This study is particularly relevant in the context of the Universal Periodic Review mechanism, where the participation of a national parliament is crucial, possessing the potential to address implementation deficiencies and reinforce the country’s commitment to upholding human rights standards. To explore the research topic, the study adopts a qualitative approach, reviewing existing research and various documents, including UN resolutions, the Draft Principles on Parliaments and Human Rights, toolkits on parliaments and human rights, the South African Constitution of 1996, official reports from the South African Parliament, the Parliamentary Monitoring Group, and the UPR.Info website. The study also considers the participation of parliaments from other jurisdictions in the UPR mechanism, not for comparative analysis, but to gain valuable insights. Through this analysis, the study aims to identify both opportunities and challenges regarding the official role of South African parliaments, particularly the PCJ&CD, within international human rights frameworks such as the UPR mechanism. The study concludes with practical recommendations aimed at enhancing the engagement of the South African Parliament and its PCJ&CD in the UPR process and the implementation of its recommendations at the national level.
Violence against women in South Africa: An event that disturbs public order in terms of the OAU refugee convention?
(University of the Western Cape, 2024) Grosch Shunelle; Loedolf Kim-Leigh
The OAU Refugee Convention incorporates and expands upon the refugee definition outlined in the 1951 UN Convention, with the aim of addressing the unique challenges faced by refugees in Africa. Despite this, little is known about the implementation of the expanded refugee definition outlined in OAU Refugee Convention. This thesis critically analyses the OAU Refugee Convention, particularly the enumerated refugee producing ground of “events seriously disturbing public order” (ESDPO). Despite its ambiguous nature, the ground of ESDPO is becoming increasingly significant in asylum applications. This thesis acknowledges that ESDPO encompasses a series of international or domestic instances of war, violence and climatic events that grossly violate the fundamental human rights of an indeterminable number of individuals within their country of origin. These fundamental human rights include the right to life, human dignity, freedom and security of person. Violence perpetrated against women is a clear infringement upon the fundamental human rights of women worldwide. South Africa is known as the femicide capital of the world. Furthermore, the prevalence of violence against women in South Africa has reached epidemic proportions, posing a significant societal problem. Against this backdrop, this thesis examines the extent to which violence against women in South Africa constitutes ESDPO in terms of the OAU Refugee Convention.
A critical examination of the legal ambiguities surrounding labour tenants in terms of the Land Reform (Labour Tenants) Act.
(University of the Western Cape, 2024) Gabriel Bronwyn Amor; Fick Sarah
The history of South Africa includes the recognition of labour tenants with the numerous enactment of legislation.9 The Land Reform (Labour Tenant) Act (LTA) was enacted to redress the past injustices suffered by labour tenants.10 However since the enactment it only had one amendment, which did not address the pertinent issue namely the definition of a labour tenant. Loosely defined a labour tenant is a person who has land, grazing and tenure rights on the land of another, subject to working on such land.11 The courts have explored various approached to interpret this definition and have caused inconsistency.12 If a claimant falls short of the definition he or she is disqualified from all benefits deriving from the LTA.13 Therefore placing this issue in the hands of the courts is an injustice to labour tenants. This mini dissertation will explore whether the LTA is affording enough protection to labour tenants with its implementation and interpretation of its provisions. The LTA will further be compared to previous legislation that governed labour tenants on farms and the Land Tenure Security Bill14 proposed by the Department of Rural Development and Land Reform (DRDLR). Studies of the landmark case law will be discussed to determine which interpretation of the definition of a labour tenant affords more protection.
A critical examination of the legal protection of climate refugees: Lessons from recent case law in Australia and New Zealand
(2024) Davids Ashlyn; van der Berg Angela
As the climate crisis worsens, a growing number of people are being forced to flee their homes due to climate-related events.1 Such people are typically referred to as climate refugees.2 According to Institute for Economics and Peace (IEP), it is predicted that at least 1,2 billion people across the globe could be displaced by climate-related events by 2050.3 Human activity is the main driver of climate change.4McAdam states that an analysis of climate change-induced displacement can be traced back to earlier deliberations on environmental displacement, which were particularly prominent during the 1990s.5 Climate change6 has diverse negative impacts on human systems, including on water security and food production and cities, settlements and infrastructure.7 In general, refugees are protected by international law instruments. International human rights law and refugee law are closely intertwined as the system for protecting refugees at the international level is human rights-based.8 This places the dignity and rights of individuals and vulnerable groups at the centre of protection.9 In the case of Ioane Teitiota v New Zealand10 (hereafter referred to as Teitiota case), it was verified under human rights law that the principle of non-refoulement requires no one to be forcibly returned to a country, where climate change impacts expose them to life-threatening risks or cruel, inhuman, or degrading treatment.11 It can be argued that climate refugees are covered by the Universal Declaration of Human Rights (UDHR), which provides that everyone has the right to leave any country including his or her own.12
A comparative legal approach to mining rehabilitation funding schemes in South Africa and Western Australia
(University of the Western Cape, 2024) Agyemang Fredua; Ashukem Jean Claude N
Despite the environmental and social challenges posed by historically abandoned mine sites to host communities, little effort has been made by the mining industry and governments to rehabilitate the environment. Mine rehabilitation projects are typically costly. In many instances, mining companies do not have a specific stance on funding sources for rehabilitation once the economically productive phase of the mine has concluded. Moreover, there is a lack of clearly assigned responsibilities and an absence of criteria and standards of rehabilitation for abandoned mines. South Africa is not exempt from the plague of abandoned mines because, for many years, environmental liabilities relating to mine closure have not been managed appropriately. As such, most mines have been simply abandoned. South Africa is believed to have around 6,000 deserted mines. Legislation has been enacted to address this issue. These include the National Environmental Management Act (NEMA) of 1998, the Mineral and Petroleum Resources Development Act (MPRDA) of 2002, and the Regulations pertaining to the Financial Provision for Prospecting, Exploration, Mining, or Production Operations, including National Environmental Management Act: Regulations: Financial provision for prospecting, exploration, mining or production operations (GNR1147). These legislative measures are designed to promote the polluter pays principle (PPP), which requires mines to bear the financial burden of environmental damage they cause. However, enforcing mining rehabilitation poses a challenge in South Africa, with the state often bearing the financial burden.
Should children have the right to know their biological origins, and should that right be accompanied by parental rights and responsibilities for sperm donors, egg donors and surrogates? a comparative study of South Africa and Australia
(University of the Western Cape, 2024) Stwebile, Erick
This dissertation investigated whether children should have the right to know their biological origins and whether this right should be accompanied by parental rights and responsibilities for gamete donors and surrogate mothers. It was found that this right originated from the United Nations Convention on the Rights of the Child. This right has also found progressive recognition under the jurisdiction of the European Convention on Human Rights and the European Court of Human Rights. This right consists of at least four aspects, namely the parental disclosure, medical, identity and relational aspect. The parents of donor-conceived children (DCC) and surrogate-born children (SBC) should tell them about their birth status. Additionally, they should know the medical information of their donors and surrogates and the identities of their donors and surrogates. Further, they should be able to have a basic relationship with their donors and surrogates. However, donors and surrogates should not acquire any parental rights and responsibilities, only limited and managed contact.
Interventions by national government in provincial governments in South Africa: A critical analysis
(University of the Western Cape, 2025) Sigabi Litha
This thesis critically examines the constitutional and procedural framework for national government intervention in provincial governance in South Africa, as provided under Section 100 of the 1996 Constitution. In doing so, it explores the grounds, procedures, and outcomes of these interventions. The thesis further evaluates the balance between the principles of cooperative governance and provincial autonomy, as well as the extent to which such interventions address systemic failures in governance, financial crises, and service delivery challenges. The study reveals that Section 100 interventions are often necessitated by severe governance breakdowns, such as non-compliance with financial regulations, mismanagement of resources, and the inability to meet constitutional obligations. The thesis critiques the absence of a clear regulatory framework governing the process of national interventions, which often undermines the effectiveness of these measures. It also emphasizes the need for enhanced procedural safeguards to prevent the abuse of intervention powers and to uphold provincial autonomy. Hence, the findings underscore the importance of aligning intervention measures with constitutional principles of cooperative governance, ensuring that interventions are temporary, proportionate, and aimed at restoring the capacity of provincial governments to perform their duties independently. The study therefore argues for constitutional amendments and legislative reforms to clarify the criteria and processes for interventions. The establishment of independent oversight bodies that monitor interventions and ensure that they achieve their intended outcomes without compromising the principles of federalism and decentralization should be strengthened.
An analysis of the legal framework which ought to give effect to remand detainees’ right to dignity
(University of the Western Cape, 2024) Mhlanga, Grag Kulani
The right to be detained in conditions that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment,1 in terms of section 35 of the Constitution of the Republic of South Africa (Constitution), is in jeopardy. Now retired Constitutional Court Justice, Edwin Cameron, on his visit to Pollsmoor Correctional Centre in 2015, stated that ‘the extent of overcrowding, unsanitary conditions, sickness, emaciated physical appearance of the detainees, and overall deplorable living conditions were profoundly disturbing’.2 He made these remarks in relation to remand detainees.3 Though this was the condition of one detention centre, the problem is endemic in South African correctional centres.4 In Sonke Gender Justice NPC, Theron J held that ‘Any person who has stepped into one of this country’s correctional centres will know that, in many respects, the treatment of inmates and conditions of detention fall far short of [the constitutional standards].’ 5 Justice Cameron’s visit to Pollsmoor led to Sonke Gender Justice and Lawyers for Human Rights (LHR), approaching the Western Cape High Court (WCHC).

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