Allexer Namundjebo
The Windhoek High Court has overturned restrictions imposed at the Windhoek Correctional Facility that reduced inmates’ study hours and prevented inmates from different security classifications from studying together.
In a judgement delivered on Thursday, High Court acting judge David Mangota ruled in favour of 18 inmates who challenged the decision by correctional authorities to reduce study time from six hours to two hours per day.
The court set aside decisions made by Windhoek Correctional Facility deputy commissioner general Oscar Numwa and senior superintendent Elisia Haiduwa.
“The decision of the senior superintendent Elisia Haiduwa and the deputy commissioner Oscar Numwa reducing the hours allowed for educational purposes is hereby set aside,” the order reads.
The ruling restores the previous six-hour daily study period and allows inmates from different security classifications to study together in the education laboratory.
The inmates, who are enrolled in distance learning programmes, argued that the restrictions affected their studies and undermined rehabilitation efforts.
Correctional authorities said the measures were introduced under directives from the head of the Namibia Correctional Services, commissioner general Raphael Hamunyela and were necessary because of security concerns and limited resources.
Mangota found that the restrictions were applied too strictly and were not properly justified. The court noted that the previous arrangement had worked without evidence of security problems.
“I have considered all the circumstances of this case. I am satisfied that the applicants proved their application on a preponderance of possibilities,” Mangota said.
He also criticised the approach taken by correctional authorities.
“The interpretation being applied risks drawing correctional services back to the olden days,” Mangota said.
The court said education and skills development are important for rehabilitation and reintegration into society. It found that the restrictions had limited inmates’ access to education.
The judgement also pointed out inconsistencies in the policy, noting that inmates involved in vocational training and workshops were still allowed to interact across security classifications.
On study hours, the court found that two hours per day was not enough for tertiary students who rely on structured study schedules to complete assignments and prepare for examinations.
Earlier this year, the 18 inmates filed an urgent application through lawyer Ujama Tjingee.
In their affidavit, the inmates said they enrolled at tertiary institutions with permission from prison authorities.
Under the previous system, inmates used an education laboratory with personal laptops and limited internet access to attend lectures, conduct research and complete assignments for about six hours daily.
The inmates said the situation changed after a new head of educational services was appointed in May 2025.
By June, study access had reportedly dropped to as little as one hour on some days before officials formally limited it to two hours daily in January 2026.
They argued that the decision was taken without consultation or written justification.
The case follows a similar 2024 court challenge in which inmates successfully opposed the withdrawal of laptops and internet devices used for online learning after the court found they had not been given a hearing.
