Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others

The respondents, three members of the Pretorius family, were long-term prisoners serving sentences of 20 to 30 years at Zonderwater Correctional Centre. All were registered students at recognised South African tertiary institutions. Although they had limited access to computers in a communal computer room, they were prohibited by the Department of Correctional Services’ Policy Procedures on Formal Education from using their personal laptops (without modems) in their prison cells. They challenged this policy in the Gauteng Division of the High Court, Johannesburg, contending that it unfairly discriminated against them and impeded their right to education. The High Court granted relief in their favour under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 (Equality Act), allowing them to use their personal computers in their cells. The full court dismissed the State’s appeal. By the time the matter reached the Supreme Court of Appeal, the respondents had been released on parole, rendering the dispute factually moot.

The appeal was dismissed with costs, including the costs of two counsel.

The case affirms the application of the doctrine of mootness under s 16(2)(a) of the Superior Courts Act and clarifies that appellate courts will not decide moot issues unless the interests of justice require it. It reinforces the importance of proper designation of judges as equality court presiding officers when granting relief under the Equality Act. The judgment also confirms the wide protective effect of the Supreme Court of Appeal’s decision in Ntuli for incarcerated students seeking to use personal computers for educational purposes.