- The court dismisses Radovan Krejcir appeal to secure study rights in prison.
- The court confirms that the Department of Correctional Services is not required to change its approach.
- The judge upholds the earlier orders but finds that Krejcir’s appeal lacks merit.
The South Gauteng High Court has dismissed the Radovan Krejcir appeal for leave to access study facilities while in custody.
On 8 October 2025, Judge MMP Mdalana-Mayisela stated that Krejcir’s application had no reasonable chance of success. Krejcir sought to appeal against a High Court ruling about his claim that prison officials did not comply with earlier court orders allowing him to study with a laptop and limited internet access.
Those earlier orders required the Department of Correctional Services and officials at Kgosi Mampuru II Maximum Correctional Facility to provide Krejcir with study materials, a working laptop, and internet access for his registered academic course.
Court rejects Krejcir’s reasons for appeal
Krejcir claimed that the orders were impossible to follow in a maximum-security prison. He also argued that the urgent hearing did not consider how he was affected and that prison officials had partially complied.
Judge Mdalana-Mayisela rejected these arguments. She found that the urgent application followed the correct procedures, all opposing papers were considered, and Krejcir’s claims about prison security and lack of study facilities did not justify reversing the ruling.
“I invited the parties to talk and resolve the issues peacefully,” the judge said. “Counsel for the applicant stated there were no chances of resolving the issues. Without a satisfactory explanation for the failure to comply with the court orders, I had to make a quick decision on the issues.”
Partial compliance, like a laptop with a dead battery and missing software, was not enough. The department had agreed to the orders, and there was no evidence showing that following the orders was impossible.
Court affirms validity of study orders
While Krejcir’s appeal was dismissed, the judgment confirms that court orders allowing prisoners to pursue education are legally valid and must be followed. Judge Mdalana-Mayisela referenced the Constitutional Court in Minister of Justice and Correctional Services and Others v Ntuli, which affirmed that prisoners have constitutional rights to education.
The court noted that the previous order clearly permitted Krejcir internet access on weekdays between 12pm and 3.30pm and required the installation of all necessary academic software. Krejcir did not submit eight assignments because these conditions were not fully met, supporting findings of contempt against officials for non-compliance.
Appeal dismissed, study access still subject to orders
Judge Mdalana-Mayisela concluded that the Krejcir appeal for leave had no reasonable chance of success. The High Court dismissed the application, leaving the previous court orders intact.
“In the absence of a satisfactory explanation for the non-compliance with the court orders, I had to determine the issues on an urgent basis.” – Judge Mdalana-Mayisela
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