, FUR2601
ASSIGNMENT 1 SEMESTER 2
2026
DUE 3 SEPTEMBER 2026
QUESTION 1 [10]
LEGAL OPINION: CONSTITUTIONALITY OF PRISON REGULATION 8(2)
TO: Dumisani and his legal representatives
FROM: Legal Counsel
DATE: 12 August 2026
SUBJECT: Challenge to the constitutionality of Regulation 8(2) of the national prison security
regulations issued under the Correctional Services Act 111 of 1998
1. INTRODUCTION
This opinion evaluates whether Regulation 8(2), which prohibits prisoners from receiving printed
literature from outside sources, infringes Dumisani's constitutional rights and whether any such
infringement can be justified under section 36 of the Constitution of the Republic of South Africa,
1996. The regulation forms part of the national prison security regulations issued under the
Correctional Services Act 111 of 1998. Dumisani, a sentenced prisoner and devout Rastafari, seeks
to challenge the constitutionality of this regulation after being denied permission to receive the
Holy Piby and a monthly cultural history magazine.
2. IDENTIFICATION OF INFRINGED RIGHTS
2.1 Freedom of Religion (Section 15)
Regulation 8(2) directly infringes Dumisani's right to freedom of religion, conscience, belief and
opinion as enshrined in section 15(1) of the Constitution. The regulation prohibits him from
receiving the Holy Piby, a sacred Rastafarian text, which is central to the practice and expression of
his religious faith. By denying him access to this foundational religious text, the state is effectively
preventing Dumisani from practising his religion in a meaningful manner.
ASSIGNMENT 1 SEMESTER 2
2026
DUE 3 SEPTEMBER 2026
QUESTION 1 [10]
LEGAL OPINION: CONSTITUTIONALITY OF PRISON REGULATION 8(2)
TO: Dumisani and his legal representatives
FROM: Legal Counsel
DATE: 12 August 2026
SUBJECT: Challenge to the constitutionality of Regulation 8(2) of the national prison security
regulations issued under the Correctional Services Act 111 of 1998
1. INTRODUCTION
This opinion evaluates whether Regulation 8(2), which prohibits prisoners from receiving printed
literature from outside sources, infringes Dumisani's constitutional rights and whether any such
infringement can be justified under section 36 of the Constitution of the Republic of South Africa,
1996. The regulation forms part of the national prison security regulations issued under the
Correctional Services Act 111 of 1998. Dumisani, a sentenced prisoner and devout Rastafari, seeks
to challenge the constitutionality of this regulation after being denied permission to receive the
Holy Piby and a monthly cultural history magazine.
2. IDENTIFICATION OF INFRINGED RIGHTS
2.1 Freedom of Religion (Section 15)
Regulation 8(2) directly infringes Dumisani's right to freedom of religion, conscience, belief and
opinion as enshrined in section 15(1) of the Constitution. The regulation prohibits him from
receiving the Holy Piby, a sacred Rastafarian text, which is central to the practice and expression of
his religious faith. By denying him access to this foundational religious text, the state is effectively
preventing Dumisani from practising his religion in a meaningful manner.
