The Constitution of the Republic of South Africa Act No 108 of 1996 lays the basis for the mandate of the Department of Correctional Services The Constitution compels the Department to comply with the following sections in terms of the treatment of offenders
• Section 9 - Equality
• Section 10 - Human dignity
• Section 12 - Freedom and security of the person
• Section 27 - Right to health care services
• Section 28 - Children's rights
• Section 29 - Right to education
• Section 31 - Freedom of religion
• Section 35 - Rights to humane treatment and to communicate and be visited by family.