The Chronicle

BULAWAYO, Tuesday, April 9, 1968 — Kenneth James Van Niekerk (24) and John Lotter (33) each were jailed for six months at Bulawayo Magistrate’s Court yesterday for escaping from Khami Prison, Bulawayo, on March 22.

Van Niekerk was sentenced to an additional 25 days solitary confinement, by Magistrate, H Hastings.

In Lotter’s case, the magistrate, Mr J Redgment, included 25 days solitary confinement in his six months’ jail and he is to receive reduced rations at intervals for a total of 25 days. The two men were barefoot and dressed in shorts when they were arrested walking around Bulawayo’s African Townships hours after their escape.

Van Niekerk is in prison pending appeal against his conviction and sentence of six-and-a-half years for fraud. Lotter is serving four years and nine months for fraud.

Van Niekerk admitted a previous conviction for escape and Lotter admitted a previous conviction for escape and attempting to escape.

In mitigation, Lotter called Van Niekerk as a witness. Both of them said that they had been treated badly at Khami. Other Europeans at Khami, he said, were allowed sporting facilities, such as table tennis, soccer and body building, which they were denied.

He said they were kept in the same section of the prison as Africans. They had complained to the visiting magistrate but nothing had been done.

Lotter said that he was told he would be treated the same as any other prisoner after he was sentenced for fraud, “but I was treated the same as before. It wasn’t fair. That’s why I escaped”.

Mr Redgment said he would be surprised if Lotter had been treated so well in prison that he would want to remain there.

“You can’t demand with whom you would like to be incarcerated. You can’t dictate to the Prisons Department where you should be kept.

“There are very good reasons in view of your previous convictions why you and Van Niekerk should receive the treatment you have”.

Van Niekerk pleaded not guilty and Lotter pleaded guilty.

Mr IR Carlisle prosecuted.