It is a worldwide phenomenon that, when mothers are imprisoned, their young children are allowed to accompany them. However, practices between different countries, and even within different prisons, vary greatly and there are arguments both for and against the incarceration of children with their mothers. Some argue that, without better alternative care options, these children benefit from the strong emotional attachment that develops because they spend so much time with their mothers. Others contend that prisons are not suitable environments for children to live and grow in. It is generally agreed that allowing young children to accompany their mothers in prison and separating them from their mothers, are both problematic. Most countries that allow young children to be incarcerated with their mothers set an upper age limit, after which time the child is removed. This reflects an assumption that from a certain age the adverse effects of a prison environment on the young child and its development outweigh the benefits of being with the mother. There is no empirical evidence on the optimum age of separation and it varies between countries. In South Africa, Section 20(1) of the Correctional Services Act 111 of 1998 (as amended by the Correctional Services Amendment Act 25 of 2008) determines that children may accompany their mothers in prison up until the age of two years, after which time they must be removed from the prison environment. For those children incarcerated with their mothers, this compulsory separation could constitute a violation of their right to family life. For these children there may come a stage when the issue of separation has to be dealt with, but it is at such times when a flexible approach to the age of separation is suggested. A flexible approach would require an individualised analysis of the child’s best interests. It is suggested that the potential for flexibility does exist in Section 20 of the Act. However, it is also submitted that since it is merely potential and not policy, prison authorities might have too much discretion in interpreting this section. This might result in a lack of uniform practices and some children might therefore be disadvantaged. The overall aim of this study is to critically examine the abovementioned piece of legislation in order to assess whether this approach is compatible with children’s rights and is in their best interests. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

Prisoners' rights are human rights first. Any investigation of such rights has to have regard to that fact. In order to clearly understand the context within which prisoners' rights are provided for and protected or abused, a holistic approach is necessary. Accordingly, chapter one deals with introductory and histor ical perspectives. The magnitude of the problem under investigation is highlighted, the objectives of the study are outlined and the hypothesis is stated in these terms: The rights of prisoners under the South African Constitution are protected, observed and compare well with international norms and standards. A brief indication of the methodology of research is given and a literature survey undertaken. The chapter also deals with definitions and classifications wherein prisons and prisoners are defined and classified. An overview of the various justifications (purposes) of imprisonment is given and the chapter concludes with a survey of the origins and history of prisons and prisoners ' rights. As with all other human rights, the protection of prisoners' rights takes place at two levels: the domestic and the international level. A study of prisoners' constitutional rights necessitates a basic understanding of certain aspects of international human rights law. Chapter two begins with an overview of international protection of human rights and proceeds to explain how international human rights norms can be enforced in domestic law. The larger part of the chapter is dedicated to the law governing international human rights protection for prisoners . The instruments providing for such protection are outlined and discussed. The application and interpretation of such instruments are also examined. It is then concluded that, in spite of the problems inherent in the enforcement of human rights standards through international mechanisms, international law plays an important role in the protection of prisoners' rights. Chapter three provides a detailed discussion of the rights of prisoners as provided for under section 35 of the Constitution of the Republic of South Africa (Act 108 of 1996). The discussion is enhanced and reinforced with case law illustrating the approach taken by the courts in interpreting and applying the said rights. Other constitutional rights relevant to prisoners are also discussed together with the pertinent case law. It is then concluded that the introduction of a Bill of Rights in the Constitution has brought a new dimension and challenge to the protection and realisation of prisoners' rights in South Africa. It is also concluded that the courts, especially the Constitutional Court, have risen to the challenge in attempting to give some effect and meaning to the rights of prisoners brought about by the new constitutional order. In an effort to place South Africa in a regional context, chapter four adopts a comparative approach. The rights of prisoners in various African countries are discussed. The countries include Zimbabwe, Zambia, Namibia and Uganda. Prisoners' rights under the constitutions of each country are first outlined. This is followed by a discussion of the approaches taken by the courts in interpreting those rights and then the views of observers regarding the protection of prisoners' rights in those countries are outlined. The conclusion is that at least on paper and in terms of judicial practice, the rights of prisoners in South Africa enjoy more constitutional protection than in other African countries. The focus of chapter five is on the investigation regarding the extent to which prisoners' rights in South Africa are implemented and protected in actual practice. The chapter contains an analysis of the statistical data obtained through field study based on prisoners' perceptions of the realization of their constitutional rights. In analysing the data, statistical illustrations are used. Statistical methods are also used in testing the hypothesis. The main conclusion of the study is that the constitutional rights of prisoners in South Africa are not sufficiently protected and implemented. This and other conclusions and recommendations are set out in chapter six. The thrust of the conclusions and recommendations is that something has to be done regarding police brutality, prison conditions and overcrowding, juvenile offenders, mentally ill prisoners , ratification and incorporation of relevant international human rights instruments and access to courts. Suggestions on how to address these issues are made. Other recommendations include abolishing the privilege system in prisons, increasing the role of NGO's, provision of education and public awareness, privatization of prisons and legislative intervention . / Thesis (LL.D.)-University of Durban-Westville, 2001.

Bibliography: leaves 43-46. / An exploratory study of factors that caregivers felt helped their child, in preschool at the time of the detention, to cope with a parent's detention was conducted. It is part of a broader study looking at the consequences for these children of the parent's detention. Semi-structured, depth interviews were conducted with the prime caregivers of the child, in 1986 and then a follow-up study was done in 1988. The original sample contained 19 subjects between the ages of two and six years, from a range of contexts. In the follow-up study 13 caregivers were re-interviewed. The research was done in cooperation with community groups who provided the contacts and gave direction. Caregivers reported a wide range of factors which they felt assisted coping, with varying levels of success. Results are reported in brief before a more detailed discussion is entered into, including case reports. The most commonly cited factor was the availability and use of social support and support structures, which appeared to be extensive in most cases. Family centered coping strategies were reported to be important where they were applied, particularly if the family was able to sit down as a whole and address the problems it faced. Politically centered strategies were also used. The focus in these was on obtaining information on detention so as to make sense of the situation and the use of political structures to give vent to emotions. Other aspects of coping not covered by the above areas include strategies such as keeping a regular routine. As was found in the 1986 study (Skinner and Swartz,L., 1989), security of life following the detention was found to be important in assisting the child to come to terms with the previous stressor.

The autobiographical prison writings of four South African women - Ruth First, Caesarina Kana Makhoere, Emma Mashinini and Maggie Resha - form the focus of this study. South African autobiography is burdened with the task of producing history in the light of the silences enforced by apartheid security legislation and the dominance of representations of white histories. Autobiography with its promise of 'truth' provides the structure within which to establish a credible subject position. In chapter one I discuss the use of authenticating devices, such as documentary-like prose, and the inclusion in numerous texts of the stories of others. Asserting oneself as a (publicly acknowledged) subject in writing is particularly difficult for women who historically have been denied access to authority: while Maggie Resha's explicit task is to highlight the role women have played in the struggle, her narrative must also be broadly representative, her authority communal. As I discuss in chapter two, prison writing breaks the legal and psychological silences imposed by a hostile penal system. In a context of political repression the notion of the truth becomes complicated, because while it is important to be believed, it is also important, as with Ruth First, not to betray her comrades and values. The writer must therefore negotiate with the (imagined) audience if her signature is to be accepted and her subjectivity affirmed. The struggle to represent oneself in the inimical environment of prison and the redemptive value in doing so are considered in chapter three. The institution of imprisonment as a means of silencing political dissidence targets the body, according to Michel Foucault's theories of discipline and control explored in chapter four. Using the work of Lois McNay and Elizabeth Grosz I argue in chapter five that it is necessary also to pay attention to the specificities of female bodies which are positioned and controlled in particular ways. I argue, too, using N. Chabani Manganyi, that while anatomical differences provide the rationale for racism and sexism, the body is also an instrument for resisting negative cultural significations. For instance, Caesarina Kana Makhoere represents her body as a weapon in her political battle, inside and outside prison. The prison cell itself is formative of subjectivity as it returns an image of criminality and powerlessness to the prisoner. Following the work of human geographers in chapter six I argue that space and subjectivity are mutually constitutive, as shown by the way spatial metaphors operate in prison texts. The subject can redesign hostile space in order to represent herself. As these texts show, relations of viewing are crucial to self-identification: surveillance disempowers the prisoner and produces her as a victim, but prisoners have recourse to alternative ways of (visually) interacting in order to position the dominators as objects of their gaze, through speaking and then also through writing. Elaine Scarry's insights into torture are extended in chapter seven to encompass psychological torture and sexual harassment: inflicting bodily humiliation, as well as pain, on the body, brings it sharply into focus, making speech impossible. By writing testimony and by generating other scenes of dialogue through which subjectivity can be constructed (through being looked at and looking, through having the message of self affirmed in the other's hearing) it is possible to contain, in some way, the horror of detention and to assert a measure of control in authoring oneself. For Mashinini this healing dialogue must take place within an emotionally and ideologically sympathetic context. v For those historical subjects who have found themselves without a legally valued identity and a platform from which to articulate the challenge of their experience, writing a personal narrative may offer an invaluable chance to assert a truth, to reclaim a self and a credibility and in that way to create a kind of freedom. Bibliography: pages 173-182.

In this thesis we will describe the ways in which detainees have dealt with their experience of detention using various coping skills. Through using the psychological theory of the hardy personality and combining this with various theological categories, we will see how they could deal with the stress of detention. In this way then it is hoped that their experiences will serve as the beginning of a local emergent theology of detention experiences. We will look at how they exercised commitment, and this will be examined by the role which faith plays as an agent of commitment. Faith will be interpreted as a symbol. We will, therefore, look at the role that dreams and visions, reading scripture, praying, and worshippinq played in helping the detainees deal with the stress of detention. The control component of the hardy personality will be dealt with by showing how by exercising forgiveness, creating justice, and using community, detainees were able to feel they had control in this stressful situation. The hardy personality theory is based on an existential theory that says that life is constantly changing. We will see how Christian detainees are able to cope with change by challenging their situation through the use of a theology of hope. In concluding this study of detention we look at the real evil of detention. We will, therefore, look at the negative effects of detention that these detainees were subjected to as part of their experience of detention. We will look at the psychological categories of dread, dependency, and debility. These categories are seen as companion parallel concepts to commitment, control, and challenge. Having done this, and bearing in mind that one of our aims in doing this study is to see if we are able to provide some ideas towards a pastoral model for dealing with the past hurt of detention, we then look at the Truth and Reconciliation Commission and the challenges it poses for the churches. In doing this we will attempt to show how resources drawn from the faith tradition of Christian activists may be used in helping detainees do 'suffering work' and deal with debility, dependency, and dread. / Thesis (M.A.)-University of Natal, Pietermaritzburg, 1997.

Detention without trial can be a formidable government weapon against political opponents. In South Africa this weapon has been fashioned into a multiple warhead. There are currently seven security law detention provisions on the statute book, of which one is dormant but can be activated by the State President. Non security law detention, for example detention under drug laws, will not be discussed in this paper. While the seven detention laws are of varying severity and serve different purposes, they are best classified and explained under two main categories or groups - preventive detention and pre-trial detention.

Thesis (MTech (Public Management))--Cape Technikon, Cape Town, 2006. / The Department of Correctional Services provided very little guidance with regard to alternative means of maintaining rehabilitation through sport and recreation. Rehabilitation is the responsibility of the rehabilitative, custodial staff and the community. The judicious, fair and consistent operation of prgrammes is an importnat aid in the hands of the Department of Correctional Services to regulate the behaviour of inmates to ensure a satisfied and orderly prison community. This research is primarily focused on how to encourage inmates towards good behaviour, to instill a sense of responsibility in them and to ensure their interest and co-operation in the integration into sport and recreation. The Department of Correctional Services aspires to be an institution that delivers results in sport and recreation by utilising programmes to achieve these goals.

M.A. / Please refer to full text to view abstract

Contributing to a just, peaceful and safer South Africa through effective and humane incarceration of inmates, rehabilitation and social reintegration of offenders is the Department’s mission statement. Correctional Service’s chapter 3 of the white paper on corrections, promotes the spirit and practise of goodwill and sincere interaction between offenders and their communities and families. Furthermore, rehabilitation is the responsibility of all social institutions and individuals, (starting within the family, educational, religious, sporting and cultural institutions), and a range of government departments. The main aim of this research was to explore the effectiveness of internal offender communication at Mdantsane Correctional Centre. The following research objectives were followed: (a). to examine the effectiveness of internal offenders’ communication at the Mdantsane Correctional Centre, (b)to assess challenges in the accessibility and flow of information between the department and offenders in the Mdantsane Correctional Centre and (c)to determine offenders’ preferred mode of communication in the Mdantsane Correctional Centre. A qualitative research design using in-depth interviews with Mdantsane Correctional Centre staff was utilised. A type of non-probability sampling known as purposeful sampling, was used. A total of twenty-five (25) participants were interviewed, using thematic content analysis for the findings and recommendations revealed in chapter 5.

People-against-the-law is a societal phenomenon that will never disappear, even in societies where law and order are effectively enforced and practised. Political, economic and social conditions contribute to reasons why some people end up in correctional facilities. This study investigated the perceptions of offenders enrolled in education and training programmes offered by three correctional centres in Pretoria. The study adopted a pragmatic qualitative methodology in which the perceptions of the offenders in the educational programmes, and officials were investigated on whether the programmes addressed their personal development and that of their communities. Interviews and observations were used to collect data during tuition activities. Sixty-five (65) males, females, youth offenders, ex-convicts and officials from Correctional Services and non-governmental organisations participated in the study. Bronfenbrenner’s systems and Knowles’ andragogy were used as the theoretical base to understand the dynamics of adult learning in challenging prison environments. The study concluded that educational programmes offered by the Department of Correctional Services must be needs-based and align to employment opportunities, self-esteem and proper rehabilitation of individual offenders. Adult education programmes grounded on andragogic principles and practices should be revisited in correctional centres’ contexts. Thus educational programmes within Correctional Services should not only be mandatory, but teaching and learning activities should be conducted by qualified adult educators, and address the social needs of the adult offenders. / Educational Foundations / D. Ed. (Socio Education)