Where can I complain about poor conditions at a prison?

The long answer

You are quite right: all the human rights in the Bill of Rights apply to prisoners as well. The Concourt has said that these rights include “the rights to dignity; life; freedom and security of the person; and to be detained in conditions that are consistent with human dignity, which include opportunities for exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment.”

Fortunately, there is the Judicial Inspectorate of Correctional Services (JICS), which must inspect and monitor correctional centres in South Africa. JICS is the body that exercises oversight over the Department of Correctional Services (DCS).

[[NOTE FROM IVA AND GRETHEN: We aren't sure if the text in italics below should be included. It's not helpful or relevant to the person.]]

In the past, JICS did not have the independence it needed, as its budget was controlled by the DCS. 

According to the Judicial Inspectorate's 2015/2016 Annual Report, the Department may reallocate funds to other departments, which would negatively impact the Judicial Inspectorate's operations. Our organisation's legislative operations are burdened by the Judicial Inspectorate's ongoing struggle with the Department for resources including personnel, IT systems, and infrastructure.

Sonke Gender Justice and Lawyers for Human Rights brought a case in the Western Cape High Court against the President and Minister of Correctional Services and others in 2016, saying that the lack of independence of the Judiciary Inspectorate (JICS) from the DCS was unconstitutional. 

The High Court found that it was unconstitutional, and in the main, this judgement was confirmed by the Concourt in 2020. 

According to the Concourt, independent oversight is predicated on the idea that accountability and openness are essential components of a democracy, which necessitates, among other things, that the executive branch's operations be restrained by an entity separate from it.

It further stated that in order to report on the treatment of prisoners in correctional institutions, as well as on the conditions and corrupt practices there, the Inspecting Judge (of JICS) must inspect or arrange for the inspection of correctional centres and remand detention facilities.

Since 1 April 2024, JICS has been a fully independent government body. Edwin Cameron is the Inspecting Judge.

JICS operates five Management Regions, with regional office staff and Independent Correctional Centre Visitors (ICCVs) at correction centres. They address inmate complaints, identify human rights violations, and provide detailed reports, acting as a bridge between inmates and facilities. Members of the public can complain to them on behalf of prisoners.

The JICS regional offices must intervene where necessary. Unresolved and urgent complaints are referred to the Visitors' Committees and the Office of the Inspecting Judge. Members of the public can also contact the JICS Complaints Unit at 012 321 0303 or by email: [email protected] 

Wishing you the best,
Athalie