- Mapodile v Minister of Correctional Services and Others 2016 (2) SACR 413 (GJ)
Mr Mapodile, the applicant in this matter, was serving a sentence in the Johannesburg Medium B Correctional Centre. The applicant, who is a gay man, approached the High Court in Johannesburg for an order directing the Department of Correctional Services to accommodate him in a single cell, alternatively, in the same cell as inmates of the same sexual preference.
The application was not formally opposed by Correctional Services.
The applicant complained that while he was accommodated in one cell with heterosexual inmates, the inmates regarded him as a woman and continually harassed him. According to the applicant, he had raised the matter with Correctional Services on numerous occasions but had not received a sympathetic hearing.
The representative of the Office of the State Attorney (on behalf of Correctional Services) who was attending to the matter, advised the court that accommodation was available for the applicant in a cell which was occupied by two inmates of the same sexual orientation as his, provided that the applicant was prepared to sleep on the floor as there were insufficient beds in that cell. The applicant agreed to this arrangement.