FUR2601
Assignment 1 Semester 2 2026
Unique number:
Due date: September 2026
QUESTION 1
Rights infringed
Dumisani remains a rights bearer even though he is serving a prison sentence,
because imprisonment removes liberty only to the extent required by lawful
incarceration rather than cancelling every constitutional right. In Goldberg v Minister
of Prisons, the court held that a convicted prisoner keeps a substantial remainder of
ordinary rights unless those rights are removed by law or are necessarily
inconsistent with imprisonment.1 In my view, Regulation 8(2) goes much further than
normal prison control because it blocks every outside printed publication except
official educational material, regardless of whether a particular item creates any real
security concern.
,QUESTION 1
Rights infringed
Dumisani remains a rights bearer even though he is serving a prison sentence,
because imprisonment removes liberty only to the extent required by lawful
incarceration rather than cancelling every constitutional right. In Goldberg v Minister
of Prisons, the court held that a convicted prisoner keeps a substantial remainder of
ordinary rights unless those rights are removed by law or are necessarily
inconsistent with imprisonment.1 In my view, Regulation 8(2) goes much further than
normal prison control because it blocks every outside printed publication except
official educational material, regardless of whether a particular item creates any real
security concern.
The clearest infringement concerns section 35(2)(e) of the Constitution, which
guarantees every detained person, including a sentenced prisoner, conditions of
detention consistent with human dignity and specifically includes the provision of
reading material.2 This protection is reinforced by section 18 of the Correctional
Services Act 111 of 1998, which allows an inmate access to reading material of
personal choice and permits material to be sent from outside unless it creates a
security risk or is not conducive to rehabilitation.3 A rule that bans the Holy Piby and
an ordinary cultural history magazine without considering their actual contents
therefore conflicts with the individual assessment required by the Act.
The confiscation of the Holy Piby also limits Dumisani's freedom of religion, belief
and opinion under section 15(1), because access to a sacred text is closely
connected to learning, observing and maintaining his Rastafari faith. 4 In Prince v
President, Cape Law Society, the court held that Rastafari religious practices fall
within constitutional religious freedom, although the particular limitation on cannabis
use was justified on the evidence placed before the Court.5 The magazine is also
protected by section 16(1)(b), because freedom of expression includes the freedom
to receive information and ideas, while the religious and cultural material may also
1
Goldberg v Minister of Prisons 1979 (1) SA 14 (A) 39D-E.
2
Constitution of the Republic of South Africa, 1996 s 35(2)(e).
3
Correctional Services Act 111 of 1998 s 18(1)-(2).
4
Constitution of the Republic of South Africa, 1996 s 15(1).
5
Prince v President, Cape Law Society 2002 (2) SA 794 (CC) paras 38, 133-149.
Assignment 1 Semester 2 2026
Unique number:
Due date: September 2026
QUESTION 1
Rights infringed
Dumisani remains a rights bearer even though he is serving a prison sentence,
because imprisonment removes liberty only to the extent required by lawful
incarceration rather than cancelling every constitutional right. In Goldberg v Minister
of Prisons, the court held that a convicted prisoner keeps a substantial remainder of
ordinary rights unless those rights are removed by law or are necessarily
inconsistent with imprisonment.1 In my view, Regulation 8(2) goes much further than
normal prison control because it blocks every outside printed publication except
official educational material, regardless of whether a particular item creates any real
security concern.
,QUESTION 1
Rights infringed
Dumisani remains a rights bearer even though he is serving a prison sentence,
because imprisonment removes liberty only to the extent required by lawful
incarceration rather than cancelling every constitutional right. In Goldberg v Minister
of Prisons, the court held that a convicted prisoner keeps a substantial remainder of
ordinary rights unless those rights are removed by law or are necessarily
inconsistent with imprisonment.1 In my view, Regulation 8(2) goes much further than
normal prison control because it blocks every outside printed publication except
official educational material, regardless of whether a particular item creates any real
security concern.
The clearest infringement concerns section 35(2)(e) of the Constitution, which
guarantees every detained person, including a sentenced prisoner, conditions of
detention consistent with human dignity and specifically includes the provision of
reading material.2 This protection is reinforced by section 18 of the Correctional
Services Act 111 of 1998, which allows an inmate access to reading material of
personal choice and permits material to be sent from outside unless it creates a
security risk or is not conducive to rehabilitation.3 A rule that bans the Holy Piby and
an ordinary cultural history magazine without considering their actual contents
therefore conflicts with the individual assessment required by the Act.
The confiscation of the Holy Piby also limits Dumisani's freedom of religion, belief
and opinion under section 15(1), because access to a sacred text is closely
connected to learning, observing and maintaining his Rastafari faith. 4 In Prince v
President, Cape Law Society, the court held that Rastafari religious practices fall
within constitutional religious freedom, although the particular limitation on cannabis
use was justified on the evidence placed before the Court.5 The magazine is also
protected by section 16(1)(b), because freedom of expression includes the freedom
to receive information and ideas, while the religious and cultural material may also
1
Goldberg v Minister of Prisons 1979 (1) SA 14 (A) 39D-E.
2
Constitution of the Republic of South Africa, 1996 s 35(2)(e).
3
Correctional Services Act 111 of 1998 s 18(1)-(2).
4
Constitution of the Republic of South Africa, 1996 s 15(1).
5
Prince v President, Cape Law Society 2002 (2) SA 794 (CC) paras 38, 133-149.
