By Tania Broughton,
7 December 2020
Constitutional Court of South Africa (photo credit: Sarah Agarwal/flickr)
The Constitutional Court has confirmed, in part, that the law affecting the independence of the Judicial Inspectorate for Correctional Services falls foul of the Constitution. Parliament now has 24 months to amend provisions of the Correctional Services Act which effectively makes the inspectorate financially dependent on the Department of Correctional Services.
However, the majority of judges stopped short of declaring unconstitutional, a provision which gives the National Commissioner of Correctional Services — who is located in the Department of Justice — ultimate control over disciplinary issues involving the Inspectorate’s chief executive officer.
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Daily Maverick
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