Prisoners win case to be allowed internet access

Eighteen prison inmates who sued the government over a decision to end their access to the internet for studies won their case on Friday.

In a judgement handed down in the Windhoek High Court, judge Herman Oosthuizen reviewed and set aside the decision of the Namibian Correctional Service (NCS) officer in charge of Windhoek Correctional Facility to discontinue the 18 prisoners’ use of their own internet devices for online studies.

Effectively, the inmates should now be allowed to again use their internet devices and laptops for study purposes.

Oosthuizen found that NCS commissioner general Raphael Hamunyela did not afford any of the inmates an opportunity to be heard by him in terms of the Correctional Service Act before their permission to use internet dongles for study purposes was withdrawn.

The inmates alleged that the head of education services at Windhoek Correctional Facility on 6 February first removed their laptops and then also took away the Wi-Fi devices they used as part of their studies.

The inmates thereafter filed an urgent application in the Windhoek High Court against the minister of home affairs, immigration, safety and security, Albert Kawana, the NCS commissioner general and three NCS officials, in an attempt to have their access to the internet and online study facilities restored.

Oosthuizen noted in his judgement that according to Hamunyela, the prisoners’ use of their own internet devices became unnecessary, because Windhoek Correctional Facility has its own internet connectivity which prisoners can use for their studies.

However, Oosthuizen also noted that a section of the Correctional Service Act states that the NCS commissioner general should give offenders the opportunity to be heard before privileges granted to them are withdrawn or amended.

The inmates were represented pro bono by lawyers James Diedericks and Johan van Vuuren.

The respondents were represented by government lawyer Wilhelm Amukoto.