Durban - Two Kokstad C-Max prisoners, who were sentenced to life imprisonment for the murder of a Tongaat couple, have complained about the “cruel, inhumane and degrading” treatment they were receiving.
Lucky Njoko, 36, and Senzo Mduli, 25, brought an application to the Pietermaritzburg High Court on Monday to be transferred back to Westville Medium B Prison or a facility where their next of kin had reasonable access to them.
They also want the privileges they had at Westville restored, which included being allowed visitors and calls from family members.
The prisoners claimed that they were transferred from Westville without being consulted. They had not been given any official reason but were told by their prison mates it was because of overcrowding at Westville.
Although they had not mentioned anything about the crimes they had committed, it had been reported in the media that they were sentenced last year in July for the murders of Maliga, 53, and Balaram, 59, Reddy in their Burbreeze home in December 2013.
The couple owned a bus company and shop. Balaram died of a blunt-force head injury and bullet wound to the abdomen, and his wife of a bullet wound to the head. Their son Nivashen was stabbed and assaulted in his bedroom.
In court papers, the men said the conditions at Kokstad were unbearable.
Detention included solitary confinement, being chained when removed from the cell, limited visitation, no physical contact with their next of kin, no haircut or shaving for months at a time and extremely limited exposure to daylight and exercises.
They also complained about not having access to study, learning facilities or rehabilitative courses that would prepare them for their integration back into society.
It was specifically designed to be a “living hell”, and for the most dangerous prisoners who were considered incapable of rehabilitation. They added that the mental suffering caused by their rights being violated was equal to, if not greater than, the suffering caused by physical restraint.
In the circumstances, there was no justification for the inhumane treatment.
At Westville they were classified as medium security prisoners and awarded certain privileges. They were allowed outside visits and food from their visitors. They were given reading and study material. They were also allowed to receive luxury toiletries. They had their own toilet rolls and phone cards.
According to the Correctional Services Act, a sentenced prisoner must be held at a prison closest to the place where he or she would live after release, they said, adding that their fundamental rights were being compromised.
The case was adjourned for the Minister of Justice and Constitutional Development to file replying papers
The Mercury