The Limpopo High Court in Thohoyandou has shed light on the poor treatment of inmates and custodial officers assaults at Kutama Sinthumule Correctional Centre.
The judgment, handed down on 14 April 2025, followed a consolidated case involving multiple plaintiffs who alleged they were subjected to custodial officers assaults at Kutama Sinthumule Correctional Centre on 30 April 2021, while serving sentences in the high-security facility operated by the South African Custodial Management (Pty) Ltd, the defendant.
In the primary case, first plaintiff Ronny Ndiba Malatjie claimed he was assaulted by several correctional officers during a search. His co-plaintiffs, twin brother Ralph Nchoke Malatjie, Lassy Ngwato, and Dumisani Mokoena, supported his allegations, stating that they witnessed the assault, which left significant psychological scars and physical injuries on Ronny. The court’s decision examined claims for constitutional damages, pain and suffering, emotional distress, and future medical expenses.
Emotional turmoil
Ronny testified that he was admitted to the Centre in 2012. He is currently serving a sentence of imprisonment for life. On 30 April 2021 at about 9am, he woke up and proceeded to a certain block within the centre in order to attend a textile class. He found that there were no class to attend on that day. He then walked to the healthcare centre as he needed medical attention. As he was so walking, he came across the Dumisani. They walked together to the B Block. They were later joined by Lassy and Ralph.
They arrived at the entrance, where they were supposed to be searched by correctional officers before receiving permission to enter Block B. Ronny and Lassy were the first to enter through the gate. Dumisani and Ralph remained outside. The gate through which Ronny and Lassy entered is made of mesh. This made it possible for Ralph and Dumisani to see what was happening to them inside the traffic.
Ronny described a harrowing experience wherein he was ordered to face a wall by correctional officer Ndivhuwo Munyai, only to be slapped, pushed, and assaulted by multiple officers when he sought to comply with the search process. This incident was witnessed by his brother and friends, who recounted their own trauma from observing the events unfold before them. Testimonies cited emotional turmoil, including anxiety, nightmares, and feelings of humiliation, stemming from the alleged brutality.
On the same date and after the alleged assault, he attended the SACM Health Care Centre where Dr KN Maluleke-Baloyi examined him and completed a medico legal examination form commonly known as Form J88. It is noted in the report that he had a swollen lower lip, swollen tender left elbow and swollen left forearm. It is further noted that he was complaining about a painful ribcage. Ronny confirmed that those are the injuries that he sustained. In addition, he stated that he told the doctor that his eardrum was painful, but the doctor failed to record it.
Partial victory
Although the court found that Ronny was indeed assaulted, it concluded that the conduct did not warrant an award for constitutional damages, ruling that it was sufficient to grant him compensation for pain and suffering. The amount was not stated in the judgment; he had requested that the defendant be ordered to pay the sum of R500 000.00 for pain and suffering. His claims for emotional shock and future medical expenses were dismissed, with the court arguing that no substantive proof of severe psychological injury was presented.
For the other plaintiffs, their claims were entirely dismissed, leading to significant discussions around the need for accountability in custodial environments. The court specifically indicated that the plaintiffs had not met the requisite burden of proof regarding their emotional distress incited from witnessing the assault. As a result, no financial compensation was awarded to Ralph, Lassy, or Dumisani.
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