Court turns down injured inmate’s R1m damages claim

IN A VIOLENT fight at the Brandvlei Correctional Facility in the Western Cape in 2009, several prison wardens were attacked and seriously injured.

One of the instigators of the fight – a member of the 26 gang – claimed damages after suffering injuries when the officials tried to restore order.

Ricardo Wepener claimed R1million from Correctional Services in the Cape Town High Court. He said he suffered severe injuries.

In its defence, the department told the court it was faced with a dangerous situation where Wepener and his fellow inmates stabbed some of the officials with knives and other sharp objects.

The correctional officers denied that they had assaulted Wepener and said they had used minimum force with certain equipment lawfully issued by the department to calm the situation.

The fight broke out in February 2009, when an inmate asked the officials to open one of the cells as a prisoner there was due to receive a visit. Two of the officers went to the cell. An inmate started to attack one of the officers and viciously stabbed him. He kept on stabbing the official even though the man was on the ground. The official was stabbed 42 times and the attack on him ended only when the knife got stuck in his arm.

Wepener and several other inmates stabbed the other officer who was there. According to evidence before the court, Wepener stabbed the officer several times.

Wepener told the court he was so badly beaten that he had to stay in hospital for several days.

But the court said he had tried to mislead it, as he had exaggerated his injuries and was discharged from hospital the next day.

In turning down his R1m claim, the court found that the force used by the officials in the circumstances was reasonable and justifiable.