An altercation by officials at a maximum-security prison in Limpopo has resulted in four inmates instituting a multimillion rand damages claim against the South African Custodial Management company which runs the prison.
Ronnie Malatjie, his twin brother Ralph Malatjie, as well as fellow inmates Lassy Ngwato and Dumisani Mokwena turned to the Limpopo High Court, sitting in Thohoyandou in a bid to receive compensation.
The management company is responsible for the daily operations at Kutama Sinthumule Correctional Centre situated at Makhado. While Ronnie was the one who was actually assaulted, the other three inmates said they watched the incident and this left them traumatised.
Ronnie, who is serving a life sentence, claimed about R3 million under a range of categories. The other three claimed about R1,5 million each for witnessing the assault.
Ronnie testified that on April 30, 2021, he woke up and proceeded to a certain block within the centre to attend a textile class. He found that there were no classes and he walked back. On his way, he was met by the other three who walked with him.
When they came to the entrance of the section they wanted to go to, they had to undergo a search procedure.
Ronnie and Lassy were the first to enter through the gate. Dumisani and Ralph remained behind. The gate through which they entered is made of mesh, and this made it possible for Ralph and Dumisani to see what was happening to them inside the entrance area.
Ronnie testified that an official, Ndivhuwo Munyai, ordered him to face the wall and to place his hands on it. Ronnie said he complied, but Munyai asked him why he was standing as if he were posing for a photo shoot.
Ronnie testified that Munyai slapped him on his face from the back, and the other officers then joined in and assaulted him while they backed him into a corner.
He was later taken to the clinic, where it was noted that he had a swollen lower lip, swollen tender left elbow, and swollen left forearm. According to Ronnie, the assault left him humiliated, embarrassed, and emotionally affected.
His fellow inmates claimed they had nightmares from witnessing the assault.
Munyai testified that when he tried to search Ronnie, the inmate swore at him. He approached Ronnie and gently tapped him on his back and told him to open his legs. He told Ronnie not to stand as though he was posing for a photograph, the officer said.
According to him, Ronnie said, "voetsek, you are a mere guard and the prison does not belong to your mother," the officer said. Ronnie further turned and pushed him away.
Munyai said that Ronnie's conduct did not make him angry as he has been trained to control his emotions. He explained that correctional officers are not allowed to assault inmates; thus, he and the other officers simply held Ronnie down to control him.
While the court commented that Ronnie was “economical” with the truth, it was found that he was assaulted. This is the only claim - for pain and suffering - which succeeded. The amount of damages will be determined at a later stage.
The court rejected the claims of the other three inmates.