‘ I thought Sipho had reformed’
MBABANE – Commissioner General of His Majesty’s Correctional Services Phindile Dlamini says she has directed her officers to rehabilitate Sipho Shongwe on being honest.
She made these submissions when responding to the fresh urgent application filed by Shongwe where he wants the court to direct the registrar of the High Court to enrol his extradition appeal.
Shongwe filed his notice of appeal on August 7, 2020, which means 11 months has elapsed without it being enrolled. He wants the court to direct the registrar to enrol his appeal within 14 days.
In his application, Shongwe said: “My stay at the Correctional Services has been marred with controversy including inhumane and degrading treatment and harassment which has become unbearable for me.”
Predicament
He submitted that the High Court had not succeeded in intervening and the only solution available to his predicament was to ensure that his matters, being the extradition and the murder case, were expedited so that he could regain his freedom.
“I am also a sickly person who suffers from ulcers and the stress related to my denial to justice coupled with the conditions under which I live in custody have worsened my condition,” submitted the applicant ( Shongwe).
In her answering affidavit, the commissioner general said, “I had thought I had made headway on his conduct. I am shocked at the untruthful submission about his stay in the correctional facility.”
She also denied that Shongwe’s stay in prison had been marred by controversy on the part of the Correctional system. Instead she told the court that Shongwe was the one who had been controversial.
According to Dlamini ( commissioner general), Shongwe was being treated like a normal inmate but they had in some instances not unleashed the maximum effect of the Correctional facility enabling regulations when he committed acts of misconduct.
Harassment
“I deny that he has suffered inhumane and degrading treatment and harassment. There had been no formal complaints by the applicant in our records of any inhumane or degrading treatment occasioned by him in the hands of any Correctional officer,” submitted Dlamini.
It was further her submission that Shongwe had on several occasions allegedly smuggled contrabands or prohibited items such as DStv decoder, sash, cellphone, 39 telephone calling cards, unauthorised letters, muti substance and a suspected poisonous powdery substance. She alleged that these items were found during periodic random searches on his person and cell.
She alleged that Shongwe used to refuse to submit to rub down body searches which included a full body search by a same sex officer in a safe and respectable environment and also allegedly failed to respect Correctional Services Regulations.
“He sometimes verbally abuses officers on duty and threatens them with his lawyers. Shongwe insults officers and calls them stupid, poor and uses insulting term,” alleged Dlamini. The commissioner general submitted that they were, however, trying as much as possible to rehabilitate Shongwe so that he treats everyone with respect as they respected him too. Dlamini said she thought she had made headway on Shongwe’s conduct.
Constitution
“I have directed my officers to also rehabilitate him on being honest. I believe he should have concentrated on the right to a speedy trial as provided in the terms of Section 21( 1) of the Constitution which is self- executing instead of being dishonest, with greatest of respect,” argued Dlamini.
She further told the court that it was devoid of the truth that Shongwe had contracted a new sickness.
Dlamini said Shongwe was generally not a sick person save for that when he was incarcerated he reported that he suffered from ulcers. The commissioner general contended that, otherwise Shongwe was physically and emotionally healthy.
The urgent application will be argued at the High Court today.
Appearing for the State in this matter is Assistant Attorney General Mbuso Simelane.