Table 2: Complaints received by ICCVs* of inmates
ill-treatment’. These guidelines also emphasise that the
use of force and restraints for detainees in police custody
assaulted by prison officials in South Africa
or awaiting trial should be based on the presumption
Year
of innocence.
Number of complaints
2014/15
2 341
Abuse of electric shock equipment
in South Africa
2013/14
4 203
The heads of South Africa’s correctional centres are under a
2012/13
3 370
statutory obligation to report the use of force and mechanical
2011/12
1 945
2010/11
2 276
2009/10
2 189
restraints on inmates to the Inspecting Judge for Correctional
Services. A report by the Judicial Inspectorate for Correctional
Services (JICS) noted with concern the ‘general disregard by
40
many heads of centres of their responsibility in this regard’.
As such, it is difficult to estimate how widely electric shock
* Independent Correctional Centre Visitors
Source: JICS annual reports
devices are used in prisons.
Warder violence in South African prisons
Although instruction on the use of force is a standard part
of training provided to DCS officials, each year thousands of
incidents involving the assault of inmates by prison officials are
recorded in South African prisons (see Table 2). A 2014 JICS
newsletter referred to ‘the shocking mistreatment of inmates by
DCS officials’, in terms of general use of force.41
There are reports of unlawful beatings and assault by prison
guards in South African prisons, including the misuse of
electric shock devices. It is not always clear how these
shocks are administered, but it could entail the use of stun
shields, stun belts or hand-held electronic immobilising
stun devices.
Each year thousands of incidents
involving the assault of inmates by
prison officials are recorded
The South African Human Rights Commission ‘noted with
concern’ a March 2014 incident at St Albans Correctional
Centre in Port Elizabeth, in which a search for contraband ‘led
to the alleged mass-beatings, electric shock and torture’ of
200 inmates.42 Gross human-rights violations, involving more
than 100 inmates, also took place at St Albans in July 2005
(see the next section for further details).
In 2013 an inmate at the Losperfontein Correctional Facility
was ‘allegedly tortured (shocked) with an electric anti-riot
shield’, which prompted an investigation.43 In 2009 an inmate
was killed by prison officials at Pietermaritzburg Correctional
Centre.44 JICS reported that ‘[o]fficials used batons, crutches
and an electric-shield even when [the inmate was] mechanically
restrained’. Criminal charges were brought against the
perpetrators. In the same year, an inmate was killed by officials
at Ebongweni Correctional Centre, Kokstad. JICS reported:
‘[The] deceased [was] brutally assaulted by officials with
batons, electric shields and booted feet [who] then failed
to provide adequate and timeous medical attention.’45
In 2006 the Jali Commission reported that prisoners from the
C-Max prison in Kokstad testified that ‘they were assaulted
for no reason, strip-searched in front of female staff, and given
electrical shocks by warders using electric shock shields.
The commission learned that electric shocks of prisoners
in C-Max had become an unofficial but routine “initiation
ceremony”.’ 46 The commission concluded that the prisoners
were not treated with dignity and that their human rights had
not been respected.
There have been allegations of torture and assault involving
the use of electric shock equipment by staff at the Mangaung
Correctional Centre, a private facility run by British firm G4S. In
May 2005 inmate Isaac Nelani was allegedly tortured before he
died in an isolation cell.47 Two prisoners provided eyewitness
accounts of Nelani being assaulted by Emergency Security
Team (EST) staff, which involved Nelani being shocked by
electrified anti-riot shields. The state pathologist ruled the
death as suspicious. In a March 2013 incident, inmates alleged
that EST warders shocked fellow prisoner Tebogo Bereng
repeatedly on the head with electric anti-riot shields while he
was handcuffed. He was then taken into isolation and further
assaulted. Hours later he was pronounced dead.
Legal cases in South Africa
A number of legal cases have been launched against officials in
relation to abuse of electric shock devices and other forms of
ill-treatment in South African prisons.
A class action lawsuit is being compiled against G4S. At least
50 inmates allege they were tortured by prison guards at the
POLICY BRIEF 86 • JUNE 2016
5