THE CONSTITUTION

Prisoners are also protected by the Constitution:

• Section 27 protects the right to access to health care services
• Section 35(2)(e) provides that a detained including every sentenced prisoner, has the right to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment

THE CORRECTIONAL SERVICES ACT

• Section 12(1) – The DCS must provide adequate healthcare so that inmates can “lead a healthy life.”
• Power to make (1) regulations (to the Minister) and (2) “orders” (to the National Commissioner).

CORRECTIONAL SERVICE REGULATIONS

Section 7 of the correctional services regulations states:

• 7(1) Primary healthcare must be available at least on a level as rendered by the state to the public
• 7(2) A dental practitioner must be available at every prison

Standing correctional orders on health promotion and disease prevention are:

• Each prison should have health education sessions at least once a week
• The topics must include HIV and reducing the risk of communicable diseases like TB
• External stakeholders such as the health department and civil society must be involved in these sessions
• The division head of nursing services must check that these sessions are diarized and displayed so that prisoners can know about them