The Centre also lacks recreational facilities. There are no sporting activities, the recreation
shop (canteen) opens only once a week and the prisoners claim the prices are too high, there
are no television sets in the cells. The juveniles are locked in their cells for almost the whole
day and only come out to eat or go to school or the workshops for those who take part in
these activities. There was a complaint to the effect that Muslims are not provided with
space for religious purposes and their religious leaders such as Imams are not allowed into
the premises on suspicion that they will smuggle drugs into the prison.
The juveniles reported that instead it is the warders who smuggle tobacco (commonly
known in prison as BB) into the cells. They also complained that officials also smoke
cigarettes in front of them even though they (the authorities) have banned juveniles from
smoking. It was also observed that authorities adopt a policy of generalise punishment. For
instance, when a juvenile in a certain cell does or says something and the others do not want
to identify the culprit, the entire cell will be deprived of certain privileges – no contact visit,
lesser number of telephone calls, lesser number of visiting hours, etc.
Prisoners in general and juveniles in particular do not seem to know their rights and enough
effort does not seem to have been made by the authorities to properly inform them about
their rights. They are scared or ignorant of the proper complaints channel and procedure.
There is a large number of young offenders – about 60% of the total prison population is
between the ages of 14 and 30. There is also a large number of juveniles both sentenced and
those awaiting trial. A major concern here is the delay in disposing with cases involving
children. At the Dyambu Youth Center, children stay on awaiting trial for a period of 12 –
18 months on average.
(c)
Death row
Following the Constitutional Court decision in Makwanyane v RSA,17 the death penalty
was abolished in South Africa. However, there are still a number of persons who had been
sentenced to death before the 1995 decision whose sentences have not been commuted or
converted. Some have been in this uncertain position for almost a decade and this could be
psychologically and mentally disturbing.
(d)
Foreigners
There are about 1,300 foreigners in South African prisons, (excluding those detained in the
Lindela Repartriation Centre) most of them in three provinces, Gauteng, Kwa Zulu Natal
and Western Cape. The prisoners have full access to and receive services from their families.
South Africa and Southern African Development Community (SADC) countries are
exploring the possibility of repatriating prisoners to serve their sentences in their countries of
origin. According to the South African authorities, such exchanges must be voluntary and
there must be guarantees that the prisoner shall be in the same or better prison condition as
would have otherwise been offered by South Africa. The foreigners are separated from the
locals. According to the authorities, this is to prevent them from getting involved in the
gangs and also because of the incidences of xenophobia.
17
The State v Makwanyane and Another, CCT/3/94; 1995 (3) SA 391 (CC).
46
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