- Five civil lawsuits stem from an inmate’s death and alleged assaults inside Kutama Sinthumule Correctional Centre.
- The family of Siyabonga Siyani claims prison staff ignored repeated pleas for urgent medical help before he died.
- The court ruled the claims were legally flawed, but made no finding on whether the allegations are true.
A series of civil lawsuits has been filed against South African Custodial Management (SACM), the private company operating Kutama Sinthumule Correctional Centre, following the alleged death of an inmate and claims of assaults and degrading treatment by prison staff.
The High Court in Thohoyandou ruled that the legal claims in all five cases were defective and must be amended before they can proceed. Importantly, the court did not decide whether the alleged medical neglect, inmate death or assaults actually occurred.
Inmate allegedly died after unanswered pleas for help
At the centre of the litigation is the death of Siyabonga Siyani. According to his family’s claim, Siyani underwent a circumcision at the prison’s health facility on 14 October 2020. Days later, he was hospitalised after suffering severe pain and heavy bleeding before being discharged back to the correctional centre.
His condition allegedly worsened. Fellow inmates Khumbulani Radebe and Mpeke More claim they repeatedly used the cell’s intercom to summon prison staff as Siyani cried out in pain, but no one responded until after he had died.
His siblings allege SACM failed to provide prompt medical treatment and delayed notifying them of his death. They are seeking damages for emotional trauma, shock, depression and funeral expenses.
Three inmates also allege assaults
The remaining lawsuits involve three inmates who claim they were assaulted by SACM employees while incarcerated at Kutama Sinthumule.
Lubabalo Mdoda alleges he was stripped naked and beaten after refusing to move to another prison block. Sivo Molo Moyo claims he was assaulted after requesting to see correctional officials and a psychologist, while Sabelo Dlamini alleges he was assaulted twice before being held in isolation for 49 days.
All of the plaintiffs are seeking damages arising from the alleged conduct.
Judge says the claims must be amended
Deputy Judge President MV Semenya upheld SACM’s legal objections, finding that several of the claims had not been properly pleaded in law.
The judge ruled that Siyani’s siblings could not rely on constitutional and statutory duties owed to inmates because they were not prisoners themselves, saying, “SACM bore no duty to provide medical treatment to them.”
Judge Semenya also found that the plaintiffs had not justified claiming constitutional damages in addition to ordinary damages, holding that if the allegations are ultimately proven, common law damages would be sufficient to vindicate their rights.
The court ordered all five lawsuits to be amended before they can proceed to trial. Each party was ordered to pay its own costs.
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