In December 2020, the Constitutional Court confirmed the order of constitutional invalidity made by the Western Cape High Court in Sonke Gender Justice NPC v President of the Republic of South Africa and Others regarding certain provisions of the Correctional Services Act dealing with the independence of the Judicial Inspectorate for Correctional Services. The Court gave Parliament two years to rectify these issues; an approach that has been used previously by the Court. The two-year period will lapse on 3 December 2022, which is less than three months into the future.

The Detention Justice Forum calls on all relevant state actors to make public the plan for meaningful
public participation on the draft Bill and all steps necessary to ensure that the Sonke decision is
substantively given effect to.