Under a new Prisons Amendment Bill published in March, the Commissioner of Prisons is empowered to withdraw privileges from prisoners without reason and without hearing. This is in addition to the withdrawal of post-matric study privileges from political prisoners reported in FOCUS 14 p.16.
Under the proposed law, the commissioner may, "notwithstanding anything to the contrary contained in any law, withdraw any privilege or indulgence granted to any prisoner without furnishing any reasons, and without hearing such prisoner or any other person".
The object of this clause is thought to be to prevent applications to the courts for the restoration of granting of privileges, despite the fact that case law indicates that prisoners have no legal rights in respect of privileges. According to Mrs. H. Suzman, the Minister and Prisons Dept. find such cases "irritating" and wish to "make the law watertight to prevent privileges being restored or given".
The Minister of Prisons said the clause was aimed "at the upliftment, discipline and rehabilitation of prisoners".
Other clauses in the Bill reduce the amount of and age limit for corporal punishment in prisons, and allow for the transfer of prisoners to the jurisdiction of other 'governments in Africa'. This may pave the way for the transfer of prisoners to independent Namibia and the Bantustans, although the Minister of Prisons expressly denied that Nelson Mandela or other prominent political prisoners would be so transferred.
The withdrawal of study privileges for political prisoners has provoked much protest. The Black Sash said it was difficult to imagine how prisoners under 24-hour guard could 'abuse' this privilege, as the Minister of Prisons claimed, saying study materials had been used 'for inciting documents and smuggling to the outside'. Mrs. Sheila Suttner, mother of Raymond Suttner wrote to the press as follows: "In an otherwise barren existence, study has provided these men with mental stimulation and an opportunity for creative thought. It is too precious a 'privilege' to be truncated in the manner described by the Minister...."
"Since my son was sentenced in 1975, I have been permitted no physical contact with him.... Our visits take place through glass and in the presence of three listeners and a tape recorder." She urged the Minister to reconsider his decision.
In reply the Prisons Department stated that prisoners had 'a well-equipped library at their disposal', including magazines such as Readers Digest, National Geographic Magazine and New Musical Express. Facilities for them to receive daily news bulletins on radio are said to be being installed.
