Mnguni v Minister of Correctional Services and Others

The applicant, Mr Bongani Norman Mnguni, was serving a 15-year prison sentence at Leeuwkop Medium “A” Prison. He was diagnosed with HIV/AIDS while incarcerated and alleged that his CD4 count had dropped below 200, indicating a severely compromised immune system. Relying on section 79 of the Correctional Services Act 111 of 1998, he applied for medical parole. After his application was apparently unsuccessful, he approached the Johannesburg High Court, which issued a detailed order directing medical assessment and consideration of his eligibility for parole by the Case Management Committee and Parole Board. The applicant alleged that, despite this order, he was informed by the Case Management Committee that prisoners were no longer released on medical parole. He then sought direct access to the Constitutional Court, requesting an order compelling reconsideration of his medical parole application.

The application for direct access to the Constitutional Court was dismissed. The Registrar was directed to draw the judgment to the attention of the Law Society for the Northern Provinces to consider whether legal assistance should be provided to the applicant.

The case reaffirms the Constitutional Court’s strict approach to direct access, emphasising that it will only be granted in exceptional circumstances. It also highlights the Court’s sensitivity to access-to-justice concerns for unrepresented prisoners and its willingness to facilitate potential legal assistance where important constitutional or statutory issues may exist.