Raped inmate sues prison

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S AT U R D AY

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Raped inmate sues prison service CAROLYN RAPHAELY

W

HEN Bradl Bradley ey McMcCallum, a tattooed and toothless inmate of Port ElizaElizabeth’s St Alban’s prison, was beaten and raped with a baton by a warder , no one could have predicted the propensity of the slightly built prisoner to fight back. “I decided enough is enough,” he recalled. “I thought: ‘I’m going to stand up for myself as a prisoner prisoner and a human being. I don’t care what happens as long as people know how I’ve been treated.’ “ McCallum, 32, didn’t suffer alone. His rape rape was part of a prison-wide orgy of mass-beatings, assault and torture by about 50 warders in retribution for the murder of fellow-warder Babini Nqakula – a relative of thenthen-mini minister ster of safe safety ty and security Charles Nqakula, husband ban d of Min Minist ister er of of Cor Correc rec-tional Services Nosiviwe Mapisa-Nqakula. “A warder shoved a ba ton up my anus and said: ‘Where’s your knife? You can put it in your bank account, we’ll take it out with interest,’ “ McCallum said. “When I tried to crawl away, he trampled on my back forcing me to lie face-down on the floor. I felt like trash…” Now Egon Oswald, a lawyer operating a one-man practice from an old house in Port Elizabeth, is suing the Minister of  Correctional Services for damages age s on beh behalf alf of McC McCall allum um and 230 other prisoners. It is probably the largest damages claim yet instituted against the Department of Correctional Services (DCS). Hopefully, this will draw attention to the excessive use of  violence by officials in SA prisons. Surprisingl y, after McCallum lodged a complaint with the UN Human Rights Committee (UNHRC) in Geneva and won his 2010 case, Bradley McCallum vs SA, no one seemed to notice or even care, care, least of all SA, which ignored six requests by the UN to respond to McCallum’s allegations. “This matter is by no means over,” said Oswald, a quietly spoken former commercial lawyer who was voted Human Rights Lawyer of the year by the Cape Law Society in 2011. “It’s a matter of principle. The rule of law must be upheld upheld and public officials held accountable.” Released on parole in 2010, McCallum still recalls the July 2005 attacks in detail: “I was lying on my bed on a Sunday morning when I heard Warder P shouting: ‘Julle ‘Julle naiers, julle

St Alban’s warders’ mass torture and assault went unreported until one prisoner decided he’d had enough SEEKING JUSTICE: Lawyer Egon Oswald, left,and former prisoner Bradley McCallum. ma se p***, hardloop uit!’  “ (You f******, come running out!) He hit me on the arm with his baton. Then he hit me on the head. All the time, he was shouting ‘Tron ‘Tronk k naai naaier  er , tronk bitch!’ (Jail f*****, jail bitch), grabbing my shirt and kicking me. “We were forced to run naked down the corridor through thro ugh a tunnel tunnel of ward warders ers who hit us while we were running and sprayed us with water. They were swearing and screaming: ‘Today you’re going

People were terrified… blood was running down the walls to die!’ Then they forced us to lie on the wet floor in a long human chain – about 70 prisoners from my section. Each inmate had their nose in in the arse of the person pers on in front front of them them.. If you turned to look up, they kicked you in the face with an army boot. There were also female warders who walked over us, kicked us in our genitals and mocked us about our private parts. And there were dogs. “People were terrified. The warders beat us with batons, shock-boards, broomsticks, pool-cues and pick-axe handles. “As a result of the electricshock shields and the terror,

the prisoners were were p****** and s****** on themselves themselves and on each other. “Blood was literally running down those prison walls.” Then the inmates were told to run into their cell. In the ensuing chaos, they fell over each other, slipped and tripped on the floor which was covered in water,, urine, faeces and blood. water “There were people with Aids, TB, diabetes, sick people, old people. The warders didn’t care,” McCallum said. Initially, Oswald found McCallum’s story hard to believe. But when complaints flooded in, he realised it was true and not an isolated incident. incident. “Every “Eve ry one of these guys suffered injuries. They had bruises, blunt-force contusions, dog-bites, broken limbs; they’d been electrocuted and were psychologically psychologicall y traumatised.” McCallum, for one, still carries scars. scars. After the beatings, he had a dislocated jaw, head wounds, a damaged arm and flashbacks,, and lost his teeth. flashbacks He said the inmates were denied medical help for a month. In desperation, they attempted to treat themselvesby burning toilet paper and covering their wounds with sand and ash. Concerned about HIV infection from other inmates’ bodily fluids, McCallum was also denied HIV testing and other basic privileges like phone, exercise, access to legal representation and his fa mily. Yet when he complained to the authorities and anyone else he thought might listen, no dis-

ciplinary action was taken against the perpetrators and no criminal sanction followed. After all oversight mechanisms failed and the State claimed McCallum had not made his statutory demand within a stipulated six-month period, Oswald approached the UNHRC on his behalf. At the UNHRC’s 100th sitting, SA was found to have violated its obligations in terms of  the International Convention on Civil and Political Rights and the UN Convention against Torture, Cruel, Inhuman or Degrading Treatment or Punishment. SA had also flouted the provisions of its own constitution, violatedthe African Charter on Human and People’s Rights and the Robben Island Guidelines. The SA Human Rights ComCommission’s Judith Cohen said: “This is a peremptory norm of  international law that binds all states, whether they’ve signed the international instruments or not.” SA was instructed to investigate McCallum’s claims, prosecute those responsible and provide a remedy and information about measures taken within 180 days. In October 2011, Correctional Services finally issued a media statement but ignored the UNHRC’s request to publish its findings. The following month, driven by what he describes as “a total antipathy to the abuse of  power”, Oswald brought a successful High Court application compelli comp elling ng discover discovery y of all

documents relating to inmates’ complaints. Correctional Services spokesman Sonwabo Mbananga said: “The alleged incident happened before the minister’s appointment. When she first became aware aware of the matter in September last year, she immediately instructed the department to re-open an investigation into the matter. “Stern action will be taken if the incident incident is is confirmed confirmed and there were human rights violations by our officials.

It’s a matter of principle. The rule of law must be upheld “At that point, the department will start looking at remedies. A police investigation has also been undertaken.” Meantime, as Cohen points out, SA is not notching up a good reporting record at international level. For example, SA’s report to the Committee Against Torture Torture has been outstanding since 2009: “The fact that SA was asked to respond to the UN and repeatedly ignored the requests is indicative of  how seriously SA regards its international obligations.” What’s more, the 2010/11 Judicial Inspectorate for Correctional Services (JICS) report

Prisoner pins his hopes on weighty bid for a retrial JEREMY GORDIN

LASTweek, a delegation of relat relative ives s and friends of a prisoner serving a life sentence at Joburg’s Medium B prison handed over a thick document to Tebogo Kekana, an “intake investigator” at the Public Protector’s office in Pretoria. “I do the initial vetting to see whether the cases handed in qualify for full investigation by the Public Protector,” said Kekana yesterday yesterday,, “and I certainly do remember that particular document. It was, you might say, rather volumino us.” The document is titled: “Why “Why I,   Farouk Meyer, escaped from prison?    Because certain government officials are turning a blind eye to corruption .” Meyer, 36, was sentenced to life

imprisonment in November 1999 for killing three men in a West Rand nightclub, Clu b 12 Play. But, when Meyer escaped from Vereeniging’s Groenpunt Prison in 2009, he did not run and hide. Instead, he arrang arranged ed to hand himsel himselff over to authorities in front of the media. Meyer’s hope was that his public and voluntary voluntary handing-over handing-over of himself would “encourage” “encourage” the authorities to re-open his case. But, although the senior police officers and Justice Department and National Prosecuting Authority officials who came to his handing-over promised an investigation, nothing happened. While admitting to having fired two shots in self-defence – which, according to him, killed one man and in jured another – Meyer has remained

adamant that he was unjustly con- tory reports of the same post-mortem. post-mortem. victed of murdering three three men, and He said the weapon tested by by the that a court should consider his “fresh police labin connectio connection n with the shooevidence”. tingshad been of a different calibre to Meyer alleged that the investi- the weapon handed in by Meyer. gating officer and a police ballistics In Klatzow’s view, “the minister of  expert “tampered with the chain of   justice needs to re-open the case and evidence” and the verdict was there- review it”. fore based on “poisoned” evidence. In the document handed in on his Meyer argued in the 600-page doc- behalf last week week,, Meyer said he was ument that some some of the bullets pro- aware that the Public Protector was duced at his trial were not fired by not empowered to investigate decihim but were later taken from his sions of the courts. courts. However However,, she weapon, which he had surrendered to could investigate “any conduct… in the police immediately after incident, any sphere of government that is alor from another weapon. leged or suspected to be improper,” In August last year, his family and that his right to a fair trial had asked for help from Cape Town foren- been tainted by improper evidence. sic expert David Klatzow. Klatzow ● Gordin is from the Wits Justice wrote an affidavit stating that, in-  Project, which investigates alleged misexplicably, there were two, contradic- carriages of justice.

‘Ban cash sales sales of coppe copperr to tackle theft’ theft’ STAFF REPORTER

THE CAPE Chambe Chamber r of Commerce and Industry wants the government to ban cash payments for scrap copper in a bid to curb copper theft. The appeal comes after the National Council Council of Provinces was told this week week that copper theft theft cost the country R5billion a year in losses and indirect costs. Chamber president Michael Bagraim said theUK had recently introduced measures to halt all cash payments for scrap copper. Hesaid that if paym payments ents were were made by cheque or into bank accounts, there would be a paper trail to follow and it would be easier to gather evidence against scrap dealers who bought stolen copper.

“If we can take take the cash out of  the system, it will become very much more difficult for thieves and vandals vandals to dispose of thei their r stolen copper. We would have to go all the way because a great deal of stolen copper is laundered laundered in small amounts through bucket shops. “Taking “Tak ing the cash cash out of the trade in scrap copper will not create any difficulties for legitimate dealers, but it would pose big problems for thieves… because it is a quick way to get cash for drugs or other purposes,” Bagraim said. Anotheradvantage of cashle cashless ss copper trading was that it would force small scrap dealers to open bank accounts and enter the formal business world. The chamber’s suggestion got

a mixed reaction from Cape Town’s scrap dealers. George Cannon, Cannon, owner of Cannon Scrap Metal Dealers in Diep River, said: “It’s impossible. There’s Ther e’s not not a chance of that working. Not everyone’s got bank accounts, and the ones who have bank accounts won’t steal copper. “We’ve already got a system in place. We photostat IDs, we keep the product for seven days before it’s sold, and we have a police register with the names and addresses dress es of every everyone one who sells sells glass, copper, aluminium and lead,” Cannon said. Waleed Arend, manager of  Motorem Corp Corp in Parow, supported the chamber. “It’s a good suggestion. Safety is the main thing. Carried cash is always unsafe.”

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Dynamic musical brings bri ngs hist history ory of of bus boycott boy cott and vibrant vibrant townships to life

noted a “disconcerting trend” of deaths implicating officials who employed “unnecessary force in instances where the inmate posed little or no threat to safety”. The report also noted a reduction in the number of  unnatural deaths from 55 in 2009/210 to 48 in 2010/11 – an official or officials were impli- NONI MOKATI cated in eight eight of these deaths. deaths. Since neither DCS nor JICS A CLASSICAL, CLASSICAL, jazz jazzy y and viprovide torture statistics in brant musical production their annual reports, it’s diffi- witha thrilling andundeniably cult to assess its prevalence in talented all-star all-star cast. This is how the creators SA’s 241 jails. Moreover, torture is often unreported. of   Azikhwelwa have “People in prison don’t sough soughtt to rein reincarnat carnate e an intestand up for their rights; they gral part of SA SA’s ’s history. don’t even know they have Centred on the January 1957 rights,” McCallum noted. Alexan Ale xandra dra bus boycot boy cotts ts,, Though prison officials are  Azikhwelwa (“We will not supposed to use “minimum ride” ride”)) tell tells s the heartheart-warmin warming g force” to quell violence, the use and ca capt ptiv ivat atin ing g ta tale le of ho how w of elect electric-s ric-shock hock belts, belts, stun- the township residents shields, stun-batons and leg- fought the draconian apartirons appears widespread. heid laws and the penny in“The use of this equipment equipment crease in bus fares. runs contrary to international It captu captures res th the e dialogue dialogue norms and standards and has and debate between the politino place in modern-day correc- cal leaders as well as the tional institutions,” the Insti- lives led by individuals, friends tute for Security Studies’ Noel and families caught in the miStott told the parliamentary lieu of of pove poverty rty, hope and portfolio committee on Correc- courage. tional Services last year year.. The demonstrations were Perhaps the fact St Alban’s held against the Public Utility warders believed they could as- Transport Corporation (Putco) sault and torture inmates with after fares fares became became unaffor unafforddimpunity is understandable –  abl able e for com commu muter ters s in the the SA has no legislation criminal- township. ising torture even though it’s Although the boycott was outlawed by the constitution. primarily undertaken by resi“At the moment, if perpetra- dent from Alex Alexandra andra,, the the tors are brought before a crim- protests spread to Sophiatown inal court they’ll be charged and Newclare. with a common law crime like In Pretoria, Pretoria, the protest protest covassault, culpable homicide or ered the Lady Selborne murder,” Cohen explained. district, as well as other areas, “SA has failed to enact any including Atteridgeville, legislation outlawing torture Mamelodi and Ga-Rankuwa. as required in terms of its inAfter two weeks, commuters ternational obligations. of Moroka-Ja Moroka-Jabavuin bavuin the southsouthThe local representative of  west also joined the protest. the Geneva-based Association The protests ended in June for the Prevention of Torture, that year after the JohannesJohannesAmanda Dissel, believes that “a burg Chamber Chamber of of Comm Commerce erce crime of torture would assist assist succumbed to the pressure of  the authorities to recognise the manyprotesters. acts of tortu torture re and initiate initiate It has been a long and fulfillproper inves investigati tigations ons of tor- ing journey for for the musical musical ture with the diligence, impar- production’s writer andassocitiality and competence re- ate producer, Reshoketswe quired by international law”. “Shoki” Maredi. “How the St Alban’s case She spent six months doing happened and how we prevent extensive research and compilit happening in the future is ing facts about why people rewhat matters,” said Cohen. fused bus services. “This isn’t just about McCal“I spoke to people who were lum, it’s about what went teenagers at the time and also wrong. There’s a high probabil- based my research largely on ity this isn’t an isolated case, one of of Dan Mok Mokony onyane ane’s ’s there are more McCallums out books. there and there’ll be more in “There are other notable pothe future…” litical leaders and Struggle veterans that I had to consult. It ● Carolyn Raphaely, the current  Webber Wentzel legal journalist  was not an easy process,” says of the year year, is a member member of the Maredi. Wits Justice Project which invesMaredi, who was born in tigates miscarriages miscarriages of of justice. Alexandra, says it was vital

that the play was written by someone who knew the dynamic culture of the township. township. “I was was there there when the bucket system was still in use, when there were no streets. “I’ve had numerous encounters with various characters in my township, from the ordinary guy in the street to a tsotsi and a woman known by everyone. I miss those days.” The musical production was lau launch nched ed in 2007 2007 for an event earmarked to celebrate Alexandra, she says. says. However it was not fully developed developed to what it is toda today y and was was shelved. Producer Pascal Damoyi says: “Back then Shoki was not happy about taking the theatre production further. “I guess it was not the right time or place. “Therefore it took some time to convince her to re-introduce the play.” Damoyi adds that the cast of   Azikhwelwa are the same people who who were cast in 2007. “We just had to tweak it here and there and will be doingso. We are always looking to improve it.” Damoyi Damo yi and Mare Maredi di say say the musica musicall production production will will reach greater heights heights in the weeks to come. “With Alexandra celebrating its centenary this year, this production couldn’t have come at a better time. It’s our way of  preservin pres erving g the country’s country’s rich history. “We also hope to take it to other avenues or provinces –  time and money permitting.”  Azikhwelwa, to be staged at the VictoryTheatre in Orange Grove, Grov e, featur features es seasoned seasoned actors such as former Generations star Seputla Sebogodi, singer and actress Lesego Motsepe, e.tv Rhythm e.tv  Rhythm City’s Mpho Molepo and theatre newcomer Phumla Siyobi. The production is directed by Lindani Nkosi and music director rect or Glen Mafoko Mafoko adds a fusion of musi music c through through a live band.  Azikhwelwa runs until March 11 before moving to the State Theatre in Pretoria. ● Tickets at Computicket or the Victory Theatre box office from R80 to R150. Shows are from Tuesday to Sunday.

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