Visit by the Inspecting Judge, Justice Johann van der Westhuizen to the Thohoyandou Correctional Centre on 22 February 2017, following incidents of 27 December 2016
Introduction
1. The Inspecting Judge (IJ), for the Judicial Inspectorate for Correctional Services visited the Thohoyandou Management Area on 22 February 2017 accompanied by his staff, including an inspector. The purpose of his visit was to -
- Enquire, first-hand, into the allegations of an assault/excessive use of force by officials on inmates at the Medium A centre during December 2016; and
- Generally acquaint himself with the conditions.
The incident
2. The IJ spoke to the Head of Centre (HCC) and the inmate who was injured during an incident on 27 December 2016.
3. The HCC indicated that a search was conducted in the “further charge” unit. (Housing sentenced offenders facing additional charges) on suspicion that prohibited items, including “dagga” and cellular phones were hidden.
4. Several inmates were taken out of the cell and searched in the nearby court-yard. They were ordered to lie on their stomachs and then searched.
5. The inmate who was injured alleged that he was singled out by the officials and assaulted with batons in the shower section of the cell. He was then allegedly dragged into the court-yard with his face bleeding.
6. The HCC indicated that the group of inmates became aggressive and the officials ran away, some dropping their batons which were used by the inmates to break windows.
7. The officials regrouped and used tear-gas to gain control after which the inmates were again searched for shards of glass the HCC suspected they possessed.
8. The versions of the HCC and the injured inmate differ as to how the inmate acquired his injuries. The inmate’s version is that he ran into a steel window frame in order to avoid the officials, as well as that he was pushed into the window.
9. The JICS investigator is conducting a full investigation into the allegations and counter-allegations by DCS. Thus the above account is one that preliminary. DCS is also still investigating the events of December 2016
Conditions
10. The centre is dependent on water which is sourced from two bore-holes. The bore-holes are allegedly inadequate for the number of inmates at the centre. The supply is limited to 30 minute periods 4 times daily. Additional water from the reservoir of a nearby village is allegedly cut off by the villagers, who refuse to share their water with “criminals”.
11. Community members in the area demand that the inmates on parole must complete their full sentences; otherwise they are not willing to accept them back into the community. Local headmen allegedly prevent family members and other caretakers to commit to take responsibility for parolees. Similarly, villagers reportedly state that they are “tired of crime and criminals”. This may to some extent be related to the fact that some inmates have been convicted of ritual murders. This attitude amongst community members contributes to overcrowding in the centre.
12. The doctor works on contract and only visits once a month, sometimes resulting in medicines not being prescribed as required or inmates’ conditions deteriorating. Attempts to appoint a full-time medical doctor have failed.
13. The kitchen, due to not having floor tiles, is moist. An unpleasant odour permeates as a result of the limited water supply, not sufficient to maintain cleanliness and hygienic conditions.
14. The location of the centre and lack of fencing around its agricultural area results in the public using the terrain as a thoroughfare which poses many risks.
15. The Medium A facility was extremely overcrowded, holding 1,309 inmates on the day and with the capacity to hold only 691.The centre was thus 189% overcrowded.
16. The IJ is of the view that the above issues require the urgent attention of the Department of Correctional Services. In the instance where the local municipality and the Department of Public Works are partners, these parties are requested to resolve matters without delay.
Enquiries:
Mr. Umesh Raga
E-mail: Umesh.Raga@dcs.gov.za
Ms Mtshaliatat
Cell: Mpho.Mtshali@dcs.gov.za
Both Umesh Raga and Mpho Mtshali can be reached on the Judicial Inspectorate for Correctional Services landline number Tel: 021 421 1012.
