Assignment 2 Semester 1 2026
Unique number:
Due Date: 2 April 2026
Detailed solutions, explanations, workings
and references.
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, QUESTION 1
Case Study: The Missing Warrant at Molema Correctional Centre
1.1 Why are warrants legally essential for admission and detention of inmates,
and how do they protect both inmates and the Department of Correctional
Services? (10)
Warrants are legally essential because no person may be admitted to a correctional
centre without a valid warrant or written court order addressed to the Head of the
relevant correctional centre (PEN2606 Study Guide 2019). The warrant serves as
the lawful authority for the detention of a person and confirms that incarceration is
ordered by a competent judicial authority.
Firstly, warrants protect the rights of inmates by ensuring that detention is lawful and
authorised. A valid warrant confirms the identity of the inmate, the offence
committed, and the reason for incarceration. This prevents arbitrary or unlawful
detention, which would violate constitutional rights such as the right to freedom and
security of the person. In the Molema case, admitting Kabelo without a complete
warrant would have amounted to unlawful detention because his thumbprints and
next court date were missing, which are required for remand detainees (PEN2606
Study Guide 2019).
Secondly, warrants protect the Department of Correctional Services (DCS) from
liability. The Head of the correctional centre must ensure that all stipulations of valid
warrants are meticulously executed (PEN2606 Study Guide 2019). If detention
occurs without proper authorisation, the DCS may face civil claims for unlawful
detention. However, where a warrant has been issued in an irregular manner by the
court, the state or DCS is not liable for actions resulting from that irregularity,
provided officials acted in good faith (PEN2606 Study Guide 2019).
Furthermore, warrants ensure accountability and transparency. They provide written
proof of the legal basis for incarceration and must be safely kept for the duration of
imprisonment. The requirement that the Head of Centre must verify completeness
before admission ensures procedural fairness.
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