Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?

Freedom of religion, like other human rights, must be respected, protected, and promoted by relevant and entrusted authorities to comply with legitimate laws, applicable to a particular environment. In South Africa, the Correctional Services Act 111 of 1998 as amended, the White Paper on Correction...

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Main Author: H. Puleng Motlalekgosi
Format: Article
Language:English
Published: Association for the Study of Religion in Southern Africa 2019-01-01
Series:Journal for the Study of Religion
Subjects:
Online Access:https://journals.uj.ac.za/index.php/ReligionStudy/article/view/334
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author H. Puleng Motlalekgosi
author_facet H. Puleng Motlalekgosi
author_sort H. Puleng Motlalekgosi
collection DOAJ
description Freedom of religion, like other human rights, must be respected, protected, and promoted by relevant and entrusted authorities to comply with legitimate laws, applicable to a particular environment. In South Africa, the Correctional Services Act 111 of 1998 as amended, the White Paper on Corrections in South Africa of 2005, and internal policies are intended to make provision for prisoners' freedom of religion in the correctional services environment. These essentially give effect to the Constitution of the Republic of South Africa of 1996, emanating from pertinent international and African continental instruments. Through an analytic design of change over time, this essay seeks to conduct an analysis of prisoners' freedom of religion in South Africa. This analysis is based on the Department of Correctional Services' annual reports published between 1997 and 2016 and the general conditions of prisons in South Africa. The finding of this study reveals a violation of the right of prisoners to freedom of religion by the South African correctional authority.
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spelling doaj-art-b0fed569cc3a49518899ef632304c4e02025-01-29T09:01:31ZengAssociation for the Study of Religion in Southern AfricaJournal for the Study of Religion1011-76012413-30272019-01-01321Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?H. Puleng Motlalekgosi Freedom of religion, like other human rights, must be respected, protected, and promoted by relevant and entrusted authorities to comply with legitimate laws, applicable to a particular environment. In South Africa, the Correctional Services Act 111 of 1998 as amended, the White Paper on Corrections in South Africa of 2005, and internal policies are intended to make provision for prisoners' freedom of religion in the correctional services environment. These essentially give effect to the Constitution of the Republic of South Africa of 1996, emanating from pertinent international and African continental instruments. Through an analytic design of change over time, this essay seeks to conduct an analysis of prisoners' freedom of religion in South Africa. This analysis is based on the Department of Correctional Services' annual reports published between 1997 and 2016 and the general conditions of prisons in South Africa. The finding of this study reveals a violation of the right of prisoners to freedom of religion by the South African correctional authority. https://journals.uj.ac.za/index.php/ReligionStudy/article/view/334prisoners' freedom of religionhuman dignityreligious beliefsspiritual servicesprisoners' spiritual needs
spellingShingle H. Puleng Motlalekgosi
Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?
Journal for the Study of Religion
prisoners' freedom of religion
human dignity
religious beliefs
spiritual services
prisoners' spiritual needs
title Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?
title_full Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?
title_fullStr Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?
title_full_unstemmed Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?
title_short Religious Freedom and the Law: A Reality or Pipe Dream for Prisoners in South Africa?
title_sort religious freedom and the law a reality or pipe dream for prisoners in south africa
topic prisoners' freedom of religion
human dignity
religious beliefs
spiritual services
prisoners' spiritual needs
url https://journals.uj.ac.za/index.php/ReligionStudy/article/view/334
work_keys_str_mv AT hpulengmotlalekgosi religiousfreedomandthelawarealityorpipedreamforprisonersinsouthafrica