Man sues over prison rape

2005-02-25 08:45

Sharika Regchand

Pietermaritzburg - A 29-year-old Chatsworth man who allegedly contracted the HI-virus after being sodomised at Westville Prison in 1998, is suing Correctional Services Minister Ngconde Balfour for more than R4m.

According to the particulars of claim, the man was only in prison because he had not yet paid his R500 bail after being arrested for theft.

While in prison from November 25 to November 29, he was assaulted and sodomised by one or more of the prisoners after being beaten with a metal object and held to the ground.

He said as a result, he contracted HIV, of which he only became aware on June 29 2000. The claim said the sole cause was negligence on the part of warders, who breached their duties in failing to ensure the man's safety.

Placed in cell with 20 others

"They placed the plaintiff in a cell together with other prisoners, some of whom they ought to have foreseen would have been violent towards the plaintiff," said the claim.

The man was placed in a cell with about 20 prisoners, including hardened criminals, some of whom the warders ought to have known had HIV.

The claim also said the warders failed to ensure that the man received adequate medical treatment after the assault.

As a result, the claim said, the man suffered medical expenses, there has been a reduction of his life expectancy and he suffered psychological stress, pain and discomfort and will incur future medical and hospital expenses. His claim is for R4 551 154.40.

Minister defending the action

The minister is defending the action. Replying affidavits said that upon admission or as soon as possible, every unsentenced prisoner is subjected to an examination to determine his or her health status.

The section where the man was detained is reserved for unsentenced prisoners, medical intervention or treatment is available when required, every prisoner is afforded the opportunity to make complaints or requests and all reasonable complaints are acted upon.

"Every complaint which involves an assault is recorded, the complainant is medically examined and treatment given where necessary all reasonable steps are taken to ensure the safe custody of prisoners, good order and security," said the response.

It also said the man was granted bail of R1 000 and not R500.

- The Witness