Sonke Gender Justice NPC v President of the Republic of South Africa and Others

Sonke Gender Justice NPC, a non-profit organisation involved in advocacy relating to prisoners’ rights and oversight of correctional services, challenged the constitutionality of certain provisions of the Correctional Services Act 111 of 1998. The impugned provisions (sections 88A(1)(b), 88A(4) and 91) regulated the financial, administrative and disciplinary control of the Judicial Inspectorate for Correctional Services (JICS), a statutory body tasked with monitoring conditions in correctional centres and the treatment of inmates. Sonke argued that these provisions subjected JICS to control by the Department of Correctional Services, the very body it was meant to oversee, thereby undermining its independence. The High Court (Western Cape Division) declared sections 88A(1)(b), 88A(4) and 91 unconstitutional for failing to secure adequate independence for JICS and suspended the declaration for 24 months. The matter came before the Constitutional Court for confirmation of the declaration of invalidity.

The Constitutional Court confirmed the declaration of constitutional invalidity of sections 88A(1)(b) and 91 of the Correctional Services Act 111 of 1998. The declaration of invalidity was suspended for 24 months to allow Parliament to remedy the defects. The second and third respondents were ordered to pay the applicant’s costs, including the costs of two counsel.

This case affirms that section 7(2) of the Constitution may require the State to establish and maintain independent oversight bodies to protect vulnerable groups, such as incarcerated persons. It extends the principles in Glenister II beyond anti-corruption bodies to correctional oversight and clarifies that financial and operational independence are essential components of effective institutional independence. The judgment strengthens constitutional protection for prisoners’ rights and reinforces the role of independent oversight in South Africa’s constitutional democracy.