The National Prosecuting Authority (NPA) has welcomed a judgment by British authorities that Shrien Dewani should not immediately be extradited to SA, especially because his argument that detention in local prisons would violate his rights was rejected.
Last week’s judgment in the UK, which found that Dewani was not yet mentally fit enough to return to SA, rejected arguments from Dewani’s legal team that, if extradited, the state of SA’s prisons would violate his human rights, especially because of the risk of violence and infection from HIV/Aids.
NPA spokesman Mthunzi Mhaga also pointed out it was important to note that Dewani’s defence team had never contended that he would not receive a fair trial in SA.
According to the judgment, while fighting Dewani’s extradition, his defence team had focused on the apparently poor conditions of SA prisons.
Three prisons were focused on in the judgment:
* Goodwood prison had a clinic, sick bay, two full-time psychologists and a doctor who visited three times a week. It allowed an inmate to see his own psychiatrist at his own expense and his family could visit.
* Malmesbury prison was underpopulated and had a well-maintained hospital. A visiting psychiatrist would refer inmates with mental health issues for assessment and, where necessary, transfers to hospital could be arranged.
* Brandvlei New Correctional Centre was being upgraded, while Brandvlei Maximum Correctional Centre was being built.
The judgment said Judge Deon van Zyl, the chief inspector of SA prisons, had, on behalf of the SA government, said that if brought to SA, Dewani would be held in a single cell.
Steps would be taken to ensure his safety and minimise the risk of assault.
The judgment said
: “There are plainly risks of violence, particularly sexual violence, to a prisoner held in a communal cell in South Africa, though it is not necessary for us to quantify those risks as applicable to (Dewani).
“That is because the government of South Africa has given clear undertakings that the appellant would be held in a single cell,” it said.
Valkenberg Hospital was also focused on in the judgment as it was where Dewani could be admitted if he returned to SA.
The judgment said conclusions about Valkenberg would not yet be set out.
“That might be necessary in the future, but as conditions at Valkenberg may also change, it would not be appropriate to do so now,” it said.
Cape Times