“Officials on duty degraded them, spat on them and incited and instigated other inmates present that they were the people from Phoenix who killed rioters” Stores were looted during the unrest. File Picture: Bhekikhaya Mabaso / Independent Newspapers
A report by the Judicial Inspectorate for Correctional Services (JICS) has detailed allegations of the “cruel, inhumane and degrading treatment” of a group of inmates – including the rape of a juvenile and the death of Jeetendra Jaikissoon – by officials of the Department of Correctional Services (DCS).
Known as the Phoenix awaiting-trial inmates, they were arrested and charged with murder during the July 2021 looting in KwaZulu-Natal.
As part of the investigation by the JICS, the Phoenix awaiting trial inmates alleged that when they were admitted at the Durban correctional facility on August 23, 2021, “officials on duty degraded them, spat on them and incited and instigated other inmates present that they were the people from Phoenix who killed rioters”.
Acquitted
On November 17, Christopher Pillay, 53, Mehmood Khan, 52, and Sholan Reddy, 35, were acquitted in the Verulam Regional Court, on murder charges.
The charges of attempted murder and robbery with aggravating circumstances were abandoned.
The trio had been charged for the murder of Dumisani Mchunu and the attempted murder of Sipho Mabaso at a garage on Northern Drive in Phoenix.
Their attorney, Ravindra Maniklall, said the trio had been acquitted on the murder charge due to insufficient evidence.
“However, they will be in court again later this month when we will argue for an acquittal on the public violence and malicious damage to property charges.”
This week, Pillay and Khan told the POST about the horror of being incarcerated at Westville Prison for eight months, and how being arrested had turned their lives upside down.
They said they had reported their alleged abuse and mistreatment to the JICS.
At the time of his arrest, Pillay was a businessman and a sector chair of the community policing forum (CPF).
“My arrest had a negative impact on me and my family. On the day of my arrest, I was returning home after dinner with my 12-year-old son and my wife.
“As we drove on to the road leading to our home, three vehicles with bright lights stopped us. Police officers with high powered firearms came to our vehicle. My wife and son were hysterical and began screaming. The police started searching my vehicle for weapons but found nothing. I was in shock.”
Pillay said his life went downhill from there.
“I was incarcerated for eight months. I only got bail after an appeal in the Durban High Court. I owned a takeaway and that closed down because I was in prison for so long. The business was meant to be a legacy to my son. My wife was working but it was not enough to pay our bills or bond. We had to seek help from our family. Most of our accounts are still in arrears,” he said.
Pillay said his son had not recovered from the trauma of seeing him arrested.
“He is my only child. We are very close and he is always with me. My imprisonment took a toll on him, especially with his school work. He could not concentrate.”
Pillay said in prison he was spat on, beaten and threatened.
“We experienced racism first hand by the wardens. It was like we were judged before our trial. I have four stents in my heart and other chronic conditions. I was denied my medication for more than a month. On the night when Mr Jaikissoon took ill, we nursed him. He slept across from me and we screamed for help but it was to no avail.”
Pillay said watching what happened to Jaikissoon broke him and the other inmates, and they reported the treatment to the JICS.
Speaking about his acquittal, Pillay said he had always maintained his innocence.
“I told the court from the beginning I was innocent. I cannot let these injustices go on. I will be taking this up further through a civil case. My reputation has been tarnished. People don’t look at me the same way. I am living with trauma. I still get flashbacks of my stay in prison.
“I don’t know how we are going to recover from this. We have been put through hell. It is heart breaking to know that they were trying to prosecute us for something we did not do with fabricated and bogus evidence. I hope and pray we can put this behind us and live our lives again.”
Rebuilding
Khan, who was also a member of the CPF, said his life came to standstill after his arrest.
“I ran a business making and selling samoosas to support my wife and myself but after my imprisonment, I lost all my customers and my income. Nobody trusts me anymore.”
He said he went through the same treatment as Pillay in prison and also reported his concerns to the JICS.
“When I went to prison I was in perfect health. Prison broke me. My wife still has anxiety attacks. Our home was broken into. She is still not doing well. We both missed our son’s wedding and I missed the birth of my fourth grandchild.”
Khan said it was not easy for him and his family but they were trying to rebuild their lives.
Sholan Reddy was not available for comment.
The JICS is mandated to uphold and protect the rights of all incarcerated inmates. The report titled, “Deliberate indifference”, probed the alleged cruel, inhumane and degrading treatment of the Phoenix awaiting trial inmates.
It also investigated the alleged rape of a juvenile member of the group and the death of another, Jaikissoon.
“During the unrest a group of residents from Phoenix were arrested on suspicion of several crimes including murder and assault. The inmates lodged serious allegations including the rape of an inmate, a juvenile member of the group by other inmates, death of an inmate, cruel, inhumane and degrading treatment received from DCS officials,” said the report.
The JICS investigators found that the court had ordered that several inmates, including the juvenile, be accommodated in single cells. Despite the court order, the report said the group was held in communal cells.
“The Phoenix awaiting trial inmates also alleged that when they were admitted at the Durban correctional facility on August 23, 2021, DCS officials on duty degraded them, spat on them and incited and instigated other inmates present that they were the people from Phoenix who killed rioters.”
The report said this accusation was denied by DCS officials.
“This alleged incident led to the rape of a juvenile inmate on August 26, 2021. Another inmate of the group passed away from a heart attack on October 22, 2021. It is alleged by the Phoenix awaiting trial inmates that prison officials did not react timeously to this medical emergency and that the lack of urgency from the prison officials may have hastened the inmate’s death. This allegation is also denied by DCS officials.”
Following its investigation, the JICS recommended, among others, that the acting National Commissioner instruct the Regional Commissioner (KZN) to launch an urgent internal investigation into all the allegations.
Singabakho Nxumalo, spokesperson for the Department of Correctional Services in KZN, said: “Our conclusion was that the investigator misdirected himself and made biased observations.
“The findings are not backed up by statements of fact.”
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