Court revives criminal’s R4m suit

A multimillion-rand lawsuit brought by one of Port Elizabeth’s most dangerous criminals over his stint in solitary confinement was revived in a judgment by the Supreme Court of Appeal on Friday – with correctional services also being slapped with a legal bill.

Andile Silatsha, 31, sued correctional services for R4.4m for the mental anguish he claims he suffered as a result of being locked up in solitary confinement at St Albans prison for 10 days.

Silatsha and two others – Mziwethu Mpulampula, 31, and Andile Msila, 30 – are serving lengthy sentences – life imprisonment and an additional 116 years – for their 2006 reign of terror in Zwide and Motherwell.

Their crimes also resulted in a police officer, Constable Nkosinathi Ndolomane, 32, being shot dead during a confrontation in Motherwell.

The three men also escaped from custody at the New Law Court in 2008, hijacked a vehicle, and shot a senior police officer walking in the street near the court, Colonel Phumzile Jam, in the stomach.

Jam survived. Silatsha claimed in papers before court that he was held in solitary confinement for more than a week after he was rearrested following the escape.

He said this had caused him to suffer from severe panic and anxiety attacks and depression.

He said it was an affront to his human dignity and rights to freedom and security.

The correctional services department confirmed in papers before court that Silatsha had been held in solitary confinement, on the request of the police, as he was considered to be a flight risk and was deemed one of the most dangerous prisoners in Port Elizabeth at the time.

The court was further presented with a form signed by Silatsha consenting to be held in solitary confinement.

Silatsha – who was sentenced to 25 years for the escape – first demanded R500,000 in damages, but this was ignored.

He then hiked his demand to R4m for damage to his reputation and pain and suffering following his stint in solitary confinement.

He is also claiming R400,000 for mental damage.

His case was dismissed by the Port Elizabeth High Court on the basis that he should have taken the decision to be kept in solitary confinement on judicial review and his failure to do so meant his detention in solitary confinement was legal.

He appealed against the ruling.

Supreme Court of Appeal judge Nambitha Dambuza ruled that even though the court only had to rule on this one issue it was inextricably bound up with the facts and should not have been adjudicated on separately.

She said it was not a case that had lent itself to separate adjudication of issues.

She sent the case back to the high court for a retrial.

She also ordered correctional services to carry the cost of the appeal.