Prisoner sues over ‘rape’ behind bars
Mapodile asks for R1m in negligence claim
A Johannesburg inmate who says he was raped repeatedly because of “negligence” by Correctional Services officials has launched a R1-million damages claim against the department.
Tumelo Mapodile, a gay inmate at Johannesburg Correctional Centre, popularly known as Sun City, said in court papers there was negligence on the part of prison warders that resulted in his ordeals.
Mapodile said he was first raped in March last year at the Medium-B prison cells. After the incident, he approached the South Gauteng High Court in April, which ordered the department to move him to a single cell or with inmates of the same sexual orientation.
“I reported the matter to the head of prison … the aforementioned was in vain as there was no satisfactory response and/or action taken by the head of prison,” he said in court papers.
The inmate’s matter was heard in the high court in Johannesburg last week.
Mapodile said as a result of being failed by the prison authority, he had to approach the court “to seek protection for my life”.
“Following my transfer to the … single cells, I was again raped on January 7. I reported the said incident to the head of prison who assisted me in laying charges against the perpetrator,” he said, noting that he had been threatened with a screwdriver in the second incident.
“On 7 January my cell mate was in another cell with his friends and I was relaxing on my bed watching television.
“… One of the very same inmates who raped me before … entered my cell and ordered me to undress.
“He wielded a screwdriver … said to me I’m a baby to REF3 gang and he is number one … [and] he must sleep with me.
“I bowed to his demand as I was scared of him.”
Mapodile said he decided to take legal action against the department “by instituting a claim for damages on the basis of the negligence and/or failure of the employees of the [department] which resulted in my ordeals”.
Mapodile said in March he delivered a letter of demand to offices of Correctional Services Minister Michael Masutha, department’s commissioner Zach Modise, area commissioner and head of Johannesburg Medium-B prison.
“From [the] date of sending out the letter of demand to date of issuing summons, I have never got a report back on whether my letter reached the intended recipients or not.”
The court asked Mapodile to comply with the law when delivering summons within a stipulated timeframe of 20 days. He was also asked to prove that the officials had received his summons.
In his letter of demand, Mapodile said that he was incarcerated with both gay and straight men in the single cells.
Judge Willem Wepener ordered the condonation of Mapodile’s application, which means he has to comply with the law by proving that prisons officials received his summons within 20 days before filing another court application.
‘‘ He wielded a screwdriver… said to me I’m a baby to REF3 gang