An instruction from the Kgosi Mampuru Correctional Centre prohibiting inmates from using ankle pads with their leg shackles caused another delay in the Senzo Meyiwa murder trial on Monday.
Some of the affected accused refused to continue with court proceedings.
When proceedings got under way on Monday, state prosecutor advocate George Baloyi told the court that one of the accused, Mthobisi Prince Mncube, was not yet in court because he refused to attend proceedings without ankle pads.
Baloyi explained to the court that an instruction had been issued by the area commissioner at the prison that prisoners from Kgosi Mampuru may not have ankle pads on their leg shackles.
He said the decision was taken due to the escape of an inmate from the Baviaanspoort prison.
This was also confirmed by an official from the prison, who said he had explained this to Mncube but he had responded he would not go to court without the pads.
Baloyi told the court that prison officials had “to physically carry the accused (Mncube) — physically lift him to the vehicle” — to come to court.
Mncube and Fisokuhle Ntuli, through their legal representatives, complained that they were in pain due to the absence of the protective ankle pads.
Advocate Charles Mnisi, representing Mncube, refused to continue with proceedings under the circumstances, stating that his client's constitutional rights were being violated.
“He is unable to concentrate. I'm unable to receive any instructions from him. If the court were to insist that, despite this gross violation of a human right that he has been subjected to, this court says it can continue, I wish to inform the court, my lord that I do not want to be seen to be part of that violation of a human rights of Mr Mnube when attending this trial, because he's not only been foot-cuffed, he's also been handcuffed,” Mnisi said.
The decision that has been taken by the area commissioner is unlawful, irrational and is wrong.
— Advocate Zandile Mshololo, representing Ntuli
Advocate Zandile Mshololo, representing Ntuli, said her client was never informed of the reasons behind the area commissioner's decision.
She said the reason explained by the prison official in court was never explained to Ntuli.
“Accused number five says he is also affected by this decision to such an extent that he can't concentrate on the proceedings because of the pain that is caused by the leg when he's moving. It means if there is someone who is escaping from another prison, then other prisoners from other prisons, from other centres, will have to be punished or will have to be penalised,” she said.
Mshololo argued that the decision was irrational.
“It's unlawful because it has no basis. There are no profound or proper reasons placed by the area commissioner as to why these accused should be affected by such an escape. The decision that has been taken by the area commissioner is unlawful, irrational and is wrong. It cannot be accepted, especially in this case, that is affecting the client's concentration during the trial,” Mshololo said.
After the judge said he was ready to make an order for the defence to lodge a formal complaint, the state asked for time to try to resolve the matter.
Baloyi informed the court that the matter was resolved after a few hours' adjournment, confirming that the accused would be allowed to put on their ankle restraint pads for the duration of the trial.
The trial will continue on Tuesday with the state still leading evidence.
TimesLIVE
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.