LEGISLATION – CONSTITUTIONAL CHALLENGE OF SECTIONS OF THE CORRECTIONAL SERVICE ACT 9 OF 2012 – PRACTICE OF PLACING HANDCUFFS ON INMATES BEHIND THEIR BACKS WHILE BEING TRANSPORTED; SOLITARY CONFINEMENT; AND THE DENIAL OF CONTACT VISITS TO TRIAL AWAITING INMATES. Minister of Safety and Security and 5 others v Kennedy and another NASC (18 July 2023)

The first and second respondents who were first and second applicants a quo (hereafter respectively Mr. Kennedy and Mr. Townsend) had approached the High Court seeking relief relating to their status and treatment as awaiting-trial inmates at the Windhoek Correctional Facility (WCF) – a prison run in terms of the Correctional Service Act 9 of 2012 (the Act), on the grounds that such provisions and resultant practices by Correctional Service officials and the Police amounted to inhumane and degrading treatment and are thus inconsistent with the Namibian Constitution (the Constitution) and Namibia’s international law obligations.

The duo . . .

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