Former inmate in Standerton takes on correctional services department

His lawyers say he was deprived of his constitutional rights, such as dignity, liberty and freedom, his privacy was invaded, the treatment was inhumane and degrading and his physical and mental well-being was put at risk.

A former inmate in Standerton took on the powers that be about spending 1 730 days in detention.

He was previously serving a life sentence, and prison officials refused to release him, citing they needed authorisation from the minister of correctional services.

After his release in late March this year, he contacted a firm of attorneys in Pretoria to institute a statutory notice of legal proceedings.

The Standerton Advertiser made copies of all the correspondence between the lawyers and their client. The client opted for anonymity, claiming to be a whistleblower and fearing for his life.

He was granted parole on February 1, 2016, with the condition that he report to the nearest police station on occasion, among others.

His lawyers are proceeding according to Act 40 of 2002. He was re-arrested in early December last year and detained.

However, his lawyers stated it was on alleged offences of armed robbery and attempted murder. Officials from correctional services took him to prison about 10 days later for violating his parole conditions.

The man could only attend the court proceedings from jail. He appeared in the Standerton Magistrate’s Court in December last year and was granted bail of R1 000.

According to the complainant, prison officials allegedly refused to release him from detention. He remained in custody, appeared in court on March 10 and was acquitted of all charges against him.

The man was only released late in March this year, but at a meeting in May this year held at the department, he was informed that his sentence had ended on July 1, 2018.

The lawyers are arguing that his detention was wrongful, unlawful and/or malicious. They say he was deprived of his constitutional rights such as dignity, liberty and freedom, his privacy was invaded, the treatment was inhumane and degrading, and his physical and mental well-being was put at risk.

They demanded damages to the order of R15m and gave a cut-off date for payment. The newspaper contacted Siphiwe Mahlangu, the communications manager in the Bethal area, via telephone and email on October 12.

Mahlangu replied timeously and requested more information, which it duly sent. The department undertook to send a formal response in due course, and a phone call was received from their head office as well.

The Standerton Advertiser received a screenshot on October 24 of the deputy sheriff, Crystal Joubert, handing a return of service in accordance with the provisions of the Supreme Court Act 59 of 1959, as amended, to the department in Mbombela on October 9.

The newspaper resent the email to Mahlangu on November 2 at 08:23 and is still awaiting a response.

Read original story on www.citizen.co.za

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Andrea van Wyk

Caxton’s Digital Editorial Manager. I am a journalist and editor with experience spanning over a decade having worked for major local and national news publications across the country and as a correspondent in the Netherlands. I write about most topics with a special interest in politics, crime, human interest and conservation.
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