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27 S. Afr. J. on Hum. Rts. 183 (2011)
Prison Conditions in South Africa and the Role of Public Interest Litigation since 1994

handle is hein.journals/soafjhr27 and id is 191 raw text is: PRISON CONDITIONS IN SOUTH
AFRICA AND THE ROLE OF PUBLIC
INTEREST LITIGATION SINCE 1994
RUDOLPH JANSEN AND EMILY TENDAYI ACHIUME
I INTRODUCTION
A nation's prisons often reflect its socio-economic and socio-political context.
This was certainly true of the colonial and the apartheid periods in South
Africa. Prior to 1994, prison policy mirrored and reinforced broader apartheid
policy. Prisons were segregated along racial lines and the use of prison labour
was common. The system was brutal, and the courts did precious little to
change anything.! Over time, the South African government militarised the
system, as the society progressively became a police state and was besieged
by internal security strife.
Today the relationship between the prison system and society is a lot more
difficult to describe. The physical conditions, endemic violence and the man-
agement culture are completely at odds with the progressive content of the law
(both statutory and judicial) and the policy framework. On the other hand, the
prisons and prison conditions reflect our society as one with abnormally high
crime levels, with other pressing priorities, and a general public with little
concern for conditions in prison.
Part II of this note provides an overview of present day prison conditions
in South Africa. We give a brief account of the history of prisons and prison
conditions. We provide basic statistics reflecting the current state of South
African prisons and give some qualitative anecdotes that identify the most
troubling concerns raised by prison conditions today. The unavoidable con-
clusion we draw is that our prison conditions fall far short of the constitutional
and legislative provisions, and hence there is a definite need for public interest
litigation in this area.
Part III examines the role that public interest litigation has played and
continues to play in improving prison conditions and securing the rights of
Jansen has been a practising advocate at the Pretoria Bar since 1990 and has been active with
Lawyers for Human Rights (LHR) since that time, later co-ordinating the Penal Reform Project
from 1997 to 2001. During the period 2003 to 2007 he served full time as national director of LHR
and is now active with LHR's land and housing project.
Achiume is a Binder Clinical Teaching Fellow at the University of California, Los Angeles (UCLA)
Law School. She formerly worked in the Refugees and Migrant Rights Programme of LHR and as
a law clerk for the Constitutional Court of South Africa.
1 A Dissel 'Tracking Transformation in South African Prisons' (2002) 11(2) Track Two 8, 9.
2   Human Rights Watch (HRW) 'Prison Conditions in South Africa' (1994) Africa Watch and Prison
Project x.

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