Prisons crack down on smoking

2004-09-16 15:46

Cape Town - The department of correctional services has promised to crack down on smoking at Cape Town's Pollsmoor prison following a Labour Court challenge by a warder.

In a settlement made an order of court this week, the department and Correctional Services Minister Ngconde Balfour agreed to do "whatever is required" to ensure that the law was "strictly observed and complied with" at Pollsmoor.

Any employees or prisoners breaching the law or the policy would be disciplined.

Warder Rosemary Fielies, who has worked for the department for about 23 years, said in an affidavit correctional services had an obligation to provide a working environment "that is safe and without risk to my health and well-being".

She said Pollsmoor officials had repeatedly ignored her requests to enforce observance of both the legislation which restricted smoking in public places, and the department's own smoking policy, which limited smoking to designated areas.

She said that she had suffered a "depressive relapse" as a result of the continued passive smoking she was forced to endure.

National Council Against Smoking spokesperson Peter Ucko welcomed the ruling, saying it was significant because it asserted an employee's right to protection from smoke in the workplace.

Though there might have been similar decisions in the Council for Conciliation, Mediation and Arbitration, it was the first court order he was aware of.

- SAPA