Prison officials to be subpoenaed
A Western Cape High Court judge has threatened to subpoena officials from Pollsmoor Prison amid claims by bandiete that court orders are ignored.
The shocking claims surfaced at the trial of alleged underworld kingpin, Nafiz Modack, this week as an alleged gang boss told Judge Robert Henney that wardens told him court orders carry “no krag” in the mang.
Moegamat Toufeek “Bubbles” Brown rose to his feet in the courtroom to piemp officials, saying prisoners awaiting trial were being denied visits while attending criminal cases at the Western Cape High Court.
As Henney questioned State prosecutors on what was happening in the mang, saying Bubbles’ constitutional rights were being violated, his attorney Inge Jansen told the court that she had written a formal letter which was ignored by prison officials.
She explained: “I spoke to the secretary and she informed me that he needs a letter from the court I then wrote a letter as an officer of the court informing them that the court sits from Mondays to Thursday until the end of the term and the letter fell on blind eyes’.
Bubbles shocked the court when he explained Jansen’s letter was torn up in front of him saying: ‘Hulle skeer dit op meneer, hulle se dit het niks krag by die tronk. We can’t even go to the winkel’.
Henney became visibly annoyed and asked questions about the identity of the official, but Bubbles said he could not remember.
Henney remarked: “Kry sy naam vir my en dagvaar daai man sommer vir my en ons sien watter krag daar is en watter krag daar is nie.”
The seasoned judge criticised the actions of DCS officials, saying court orders were legally binding.
He said officials would be subpoenaed and placed under oath to answer for their actions.
‘Nobody can ignore a court order, not even the President,’ Henney added.
Department of Correctional Services (DCS) spokesperson, Singabakho Nxumalo, says they consider visitations as an important element in fostering healthy family relations but says Friday visits are reserved for legal consultations.
He says: “At Pollsmoor Correctional Facility, remand detainees are provided an opportunity to receive visits on a weekly basis from Monday to Thursday, whilst sentenced offenders are provided an opportunity to receive visitations on Saturdays, Sundays and public holidays. Fridays are reserved for legal consultations, inclusive of legal aid representatives, for both categories of inmates."
He says Friday visits are allowed on special request.
Nxumalo adds: “Each application or request for a Friday visitation is considered on merit. DCS can confirm that the inmate in question has benefitted from this arrangement.
“The Department is thus not aware of the alleged complaint by the offender curtailing visitations, especially since DCS has had continuous interaction with the legal representation of the inmate.
“Furthermore, DCS is partner to the justice system, and as an active stakeholder in the justice cluster, is committed to upholding the rule of law.
“There is no evidence to substantiate that court documents are being destroyed. Court orders, whether delivered by the court officials or SAPS, are recorded and followed through to enable compliance.”