TRC Final Report

Volume 4

Chapter 7

Subsection 10

■ COMMON LAW PRISONERS

64 The hearing heard the evidence of Mr Golden Miles Bhudu of SAPOHR. Bhudu gave details of the torture and deaths of common law prisoners in prisons throughout the country. He questioned whether the experiences of these prisoners, in the light of the “perpetuation of the injustices of the past”, should fall outside the mandate of the Commission. There was a difference of opinion on the panel about this, but consensus on the need to emphasise that continuing vigilance and care in running all prisons is necessary at all levels.

65 The evidence presented by former inmates of the prisons, whether sentenced or in detention, left a clear picture of the role of prisons under apartheid. Imprisonment (and the threat of imprisonment) became an important link in the chain of control, from security forces to police to prison. The Prisons Department was a willing partner in the state’s efforts to ‘neutralise’ and ‘eliminate’ opposition. The prison gallows became the final instrument of official disapproval.

■ FINDINGS ARISING OUT OF PRISONS HEARINGS

The Commission finds that:

66 The Department of Prisons co-operated with the former state in the use of imprisonment or the threat of imprisonment in the chain of control and oppression of opponents of apartheid.

67 It was the policy of the Department of Prisons to use cruel, degrading and inhuman forms of punishment on prisoners including caning, ‘spare’ diet, leg irons and solitary confinement.

68 The facilities of the Department of Prisons were regularly used by the South African Police for purposes of interrogation and torture.

69 The Department of Prisons created the ‘farm prison’ system as a basis for providing cheap labour for white farmers. Africans arrested for pass law offences were frequently used to provide this form of labour. Although the Commission was not presented with evidence of this, it has been recorded elsewhere that the system resulted in numerous instances of gross human rights violations, some of which resulted in death.

70 The Department of Prisons provided inferior food, clothing, living conditions and medical care for black prisoners.

71 Prison staff frequently ignored the particular needs of women in respect to, for example, menstruation, pregnancy, childbirth and parenting. These needs were also often exploited as a way of subjecting women to intimidation and harassment.

72 The Department of Prisons co-operated with other structures of the state in the use of capital punishment to eliminate the opponents of apartheid, as well as those found to be guilty of other offences that the state deemed to be worthy of the death sentence.

73 The overt paramilitary basis upon which the Department of Prisons was organised, including a system of ranks closely akin to the military and police, contributed to the impression that it was an extension of the security forces. This detracted from its fundamental duty to reform and rehabilitate, as opposed to merely punishing, offenders.