Court case award shines spotlight on prison hygiene

Unhygienic prison conditions for inmates came under the spotlight after the North West High Court, Mahikeng awarded R175000 in damages to a man held for assault.

The complainant claimed victory this week when he was awarded the money for damages suffered when he was imprisoned for 16 days in 2016.

Aged 27 years at the time he was arrested, the man sought R500000 for damages suffered as a result of an unlawful arrest through which he experienced “pain, suffering, discomfort and embarrassment, loss of amenities of life, contumelia (indignity) and deprivation of freedom”.

According to the judgment, the minister of police conceded that the complainant was held unlawfully and was detained in unhygienic and unfavourable conditions.

The exact conditions and circumstances were not made clear in court documents, outside of the concession made by the police minister.

Judicial Inspectorate for Correctional Services (Jics) spokesperson Emerantia Cupido said overcrowding, infrastructure problems, and hygiene deficiencies were among some of the issues faced by inmates.

“Jics employs a comprehensive approach to inspection, including both announced and unannounced visits, to assess and report on the conditions within correctional facilities.

“Facilities rated as unsatisfactory are identified, and common issues such as overcrowding, infrastructure problems, and hygiene deficiencies are addressed through the inspection process.

“These efforts contribute to promoting and maintaining acceptable standards of hygiene and conditions within correctional facilities.

“As an example of an inspection, the findings from an unannounced inspection at Bizana, a small remand facility in the Eastern Cape, highlighted several critical issues, including overcrowding where the facility was overcrowded by 206%, exacerbated by its small size and service to six SAPS stations … and hygiene concerns.

“The kitchen and general facility were unhygienic, with issues such as dirty serving trays and a non-compliant kitchen.”

In a research piece for SaferSpaces, consultant for the Policy Development and Advocacy Unit at Sonke Gender Justice, Zia Wasserman, said there were 243 correctional centres countrywide where the conditions were “dire”.

“Inmates and remand detainees experience extreme overcrowding and inhumane living conditions, including poor ventilation, inadequate ablution facilities, lack of sanitation and privacy, a shortage of beds and bedding, insufficient supervision and oversight, and poor health care provision,” said Wasserman.

“Consequent of these conditions, prisons can be hotbeds for sexual violence and disease transmission, including human immunodeficiency virus (HIV) and tuberculosis (TB) … “The current conditions in South African prisons fail to meet the minimum standards established in national and international legislation and declarations.”

Cape Times

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