Dear Sir Dave Campbell

I, Mr THONGANE MANQALASA - Prison No: 219809719.

I am an inmate in the Rooigrond Correctional Center at
Medium A of which I and my fellow inmate seek assistance
on the basis of contingency fee agreement from the
Campbell Attorneys to Litigate against the Minister of
Correctional Services in his official capacity as the Head of
the Department of Correctional Services under which the
Rooigrond Correctional Center falls under.

On Thursday, 01 February 2024 at about past 10:00

during the course of the day.

I was at cell 02 at Unit 05 of the Rooigrond Correctional

Center sitting inside this cell conversating with fellow
inmates;

WITNESSES/INMATES
-------------------------------------
Mr Timothy March - Reg No: 210666694
Mr Gopolang Maoka - Reg No:221809436
Mr Moleko Maoka - Reg No:221809435
Mr Kgosi Ntwagae - Reg No:211290306
When two of the Department of Correctional Services,
Emergency Support Team (EST) members entered cell 02.
As they entered the cell I was sitting on the bed holding
my diary book in my right hand. The two EST members
was officer Nkomo and officer Leepo, both male
personnels.

Mr Nkomo approached me and in a disrespectful conduct,

he demanded that I furnish him my diary book as he
contended that there was a cellphone inside my diary
book of which I did not have.

I was not reluctant to furnish him my diary book but what

makes me not to be Keen to furnish him my diary book is
the disrespectful manner at which he demanded it from
me. I told him that I will not cooperate at wereby I am
disrespected and observed as less human. It is a normal
every day norm for Mr Nkomo to assult and disrespect
inmates that he see as less humans.

His actual disrespecting words to me in Setswana was:

"Hey wena pantiti, tlisa kwano masepa so a diary ewa. O
tsentse Founu mawa".
I know that I am bound to cooperate with all the
Correctional officials, but I will not cooperate when one
misconduct Him/Herself in a manner that violates and
disrespects me as officer Nkomo did to me.

So I refused to furnish him my diary book by arguing him

that he will only get side of my diary book if only he will
reduce Himself to me and address me in a respectful
manner. Instead His anger rose high and roughly and
inappropriately grabbed me by my clinching my hemp's
collar and instructed Him, Mr Leepo that they should take
me to the RAM CELL. He Mr Nkomo roughly pushed me
out of cell 02 as Mr Leepo followed us to the RAM CELL.
______________________________________________
_

RAM CELL.

Ram Cell, officially known as Cell 01, is situated at Unit 05

of the Rooigrond Correctional Center at Medium - A. The
Rooigrond Management Area is using this cell as a form
on punishing inmates within it's Area Management for any
wrong doings.
This Ram Cell, was established by the newly appointed
Area Commissioner for the Rooigrond Management Area,
Mr Buthelezi.
The Rooigrond Correctional Center of Medium - A is
managed by the Acting Head of the Correctional Center,
(HCC) Mr Kunene.

Mr Nkomo accompanied by Mr Leepo puts me inside Cell

01 of unit 05 informally known as Ram Cell and locked me
up inside there.
______________________________________________
_

THE QUESTIONS OF THE LAW.

Nevertheless I am serving 12 years imprisonment and I

am still waiting trial for an outstanding matter. So to say I
am security classified a further charge inmate. Inside the
RAM CELL I was locked up amongst four (04) inmates
who were not of the same security classification group as I
am.

Mr Happy Makhayo - Reg No : 216767417

Mr Papi Moloelang - Reg No: 202384336
Mr Thabang Mahao - Reg No: 218809475
Mr Johannes Phokantsi - Reg No: 218338343

The above mentioned inmates are not of the same

security classification group as myself as they are not
attending any court cases nor are they awaiting trial or
being classified as further charge inmates under those
circumstances they can not be said that they are of the
same security classification group as myself.

Section 7(2)(a)of the Correctional Services Act. Act 111 of

1998 states that;
"SENTENCED PRISONERS MUST BE KEPT SEPARATE
FROM UNSENTENCED PRISONERS".

Section 7(2)(b) of the act states that;

"FURTHER REQUIREMENTS THAT PRISONERS OF
THE SPECIFIC... SECURITY RISK CATEGORIES MUST
BE KEPT SEPARATE AS PRESCRIBED BY
REGULATIONS".

Section 7(3) of the act provides that;

"There may be departure from the provision of subsection
(2)...but under no circumstances may there be departure
in respect of sleeping accommodation".

Section 26(1) of the act further provides that;

"The right of every prisoner to personal integrity and
privacy is subject to the limitation reasonably necessary to
ensure the security of the community, the safety of the
Correctional officials and the safe custody of all prisoners".

Section 26 (2)(c) of the act provides that;

"Classify prisoners and allocate segregated
accommodation, including single cells".

Section 29 of the act also stipulates that;

"Security classification is determined by the extend to
which the prisoner presents a security risk and so as
determined the prison part or part of a prison in which he
or she is to be detained.

Correctional Services Regulation 3(2)(g) also States that;

"Prisoners of a particular security classification must be
detained separately from prisoners with a different security
classification".
Section 134(1)(a) and (g) also stipulates that;
"The Minister may make regulations not inconsistent with
this act as to the safe custody of prisoners and the
maintenance of good order, discipline and security in
prison; the classification of categories of prisoners based
upon...security risk considerations".

Paragraph 8 of the UNITED NATIONS STANDARD

MINIMUM RULES FOR THE TREATMENT OF
PRISONERS states that;
" The different categories of prisoners shall be kept in
separate institutions or parts of the institution..."

Paragraph 8 (b) of the Rule also provides that;

"Untried prisoners shall be kept separate from convicted
prisoners".

Paragraph 9(2) of the Rule further provides that;

"Where dormitories are used, they shall be occupied by
prisoners carefully selected as being suitable to associate
with one another in those conditions".
The employees of the Department of Correctional
Services have failed to comply with all the above rules
and with the duty imposed upon them by the Constitution,
inter-alia, Section 12(2)(b) therof which requires the the
Minister of Correctional Services to protect my rights to the
bodily and psychological integrity of me as a person.

The employees of the Department of Correctional

Services acted unlawfully and negligently in bridge of their
statutory duties in that they failed to exercise with due and
proper care in the performance of their duty to safeguard
me by removing me from my security classification risks
cell to a cell that is contrary to my security classification
risk cell while incarcerated.

Collectively, the Unit 05 Manager Mrs Mhlongo together

with her stuff, (Unit 05 my respective Unit) they also has
failed to protect me from the unlawful actions carried out
against me by the EST members Mr Nkomo and Mr Leepo
for unlawfuy removing me from my due security
classification risk cell to the Ram Cell a cell that is contrary
my security classification risk at were they were under the
legal duty to do so and were reasonably able to do so.
______________________________________________
_
From pass 10:00 AM to pass 15:00 PM morning to noon -
five (5) hours inside the Ram Cell. I was having a stress
disorder, suffering from a psychological pain, I was socked
in trauma and I lost my amenities for a time being.

There was no drinking water as I was then thristy, neither

was there water to flush the toilet as there were fiecies
inside the toilet pot. The basins are uninstalled and no
inmate hai no access to ablution. There are no hot water
either for bathing and for washing purpose. There are no
mattresses on beds and no sheets

All the above are in bridge with section 10(1) of the

Correctional Services Act that states that;
"The Department must provide every prisoner with clothing
and bedding sufficient to meet the requirements of hygiene
and climatic conditions.

Correctional Services Regulation 3(2)(d)(i)(ii) further

provides that;
"In every prison there must be sufficient, accessible
ablution facilities that must be available to all prisoners at
all times"..."Such facilities includes access to hot and cold
water.
Regulation 3 (2)(e)(i) further provides that;
"Every prisoner must be provided with e separate bed and
with bedding which provides adequate warmth for the
climatic conditions and which complies with hygienic
requirements as prescribed by Order".

The United Nations Standard Minimum Rules of the

Treatment of Prisoners at paragraph 12 also states that;
"The sanitary installations shall be adequate to enable
every prisoner to comply with the needs of nature when
necessary and in a clean and decent manner".

Paragraph 13 of the this Rule further states that;

"Adequate bathing and shower installations shall be
provided so that every prisoner may be enabled and
required to have a bath or shower, at a temperature
suitable to the climate, as frequently as necessary for
general hygiene according to season and geographical
region, but at least once a week in a temperature climate".

Paragraph 19 of the Rule also provides that;

"Every prisoner shall, in accordance with local or national
standards, be provided with a separate bed, and with a
separate and sufficient bedding which shall be clean when
issued, kept in good order and changed often enough to
ensure its cleanliness".

The Department of Correctional Services has failed to

comply with the above rules, regulations and laws and has
also failed to comply with the duty imposed on it by the
Constitution, inter Alia, section 12(2)(b) thereof which
requires the Minister of the Department to protect my
rights..."

And my Constitutional rights are in this regard infringed as

the Department of Correctional Services has drastically
failed to comply with section 35(2)(e) of the Constitution of
South Africa that states that;
"Everyone who is detained, including every sentenced
prisoner, has the right - to conditions of detention that are
consistent with human dignity, including...adequate
accommodation".

I am now seeking law remedies to litigate against the

Minister of Correctional Services in his capacity as the
Head of the Department of Correctional Services under
which the Rooigrond Correctional Center falls under his
administration for the misconduct of his employees in their
positions;
Mr Buthelezi: Area Commissioner.
Mr Kunene: Head of the Correctional Center.
Ms Segametsi: Head of the Security.
Mrs Mhlongo: Manager for Unit 05
______________________________________________
_

PLAINTIFFS/INMATES
-------------------------------------
Happy Makhayo: 216767417
Thabang Mahal: 218809475
Papi Moloelang:202384336
Johaness Phokontsi:218338343

Are the inmates that I found locked up inside the Ram Cell
or rather cell one in Unit 05 at Rooigrond Correctional
Center at Medium - A.

As I have already mentioned that this cell is utilized as a

form of punishment against the inmates that are believed
to have had misbehaved within the centers of the
Rooigrond Management Area.
So as part of the punishment towards the inmates put
inside the Ram Cell, all the inmates inside this cell my are
subject to inhuman treatment that is non compliance with
the rules and regulations of the laws - infringement of our
Constitutional Rights - Non compliance with the
Correctional Services Act 111 of 1998 - Non compliance
the Correctional Services Regulations that are in terms of
section 134 of Act 111 of 1998 and in non compliance with
the United Nations Standard Minimum Rules of the
Treatment of Prisoners.

As part of punishment subject to the Ram Cell/Cell one,

inmates inside there are not allowed to;

(1) Have or sleep on the mattresses;

(2) Have sheets for bedding;
(3) Have pillows.

They are only provided with a steel framed bed plus a

bedding of two blankets only meaning that an inmate will
cover with one of this blankets on top of the steel framed
bed in place of the mattress then cover himself with the
other blanket through out the night provided that other
nights are extremely cold for one to cover himself with one
blanket as at the same time the cold from the steel framed
bed will penetrate through this blanket that covered the
bed as mattress.

Sleeping on that conditions is unbearable and is physically

bodily painful to sleep on a plain steel framed bed without
a mattress as laying a single blanket on that kind of a bed
is the same as sleeping on a bare frame that bed. On that
fate, the inmates are with no other choice, choosing to
sleep on the floor as that is the only way they sort and
ought to reduce the chances of sleeping in that painful
instances through the cause of a single night. Sleeping on
the floor, they caught the cold and contract flu.

In compliance with the law. The Department of

Correctional Services is to provide every inmate adequate
bed and bedding which includes;

(1) One sponge mattress.

(2) Two blankets.
(3) Two sheets.
(4) One pillow + case.
(5) A single bed. (Steel framed)
Providing this kind of bedding is a direct compliance with
the Constitution of South Africa, the regulations and Act
111 of 1998 of the Department of Correctional Services,
and the United Nations Standard Minimum Rules for the
Treatment of Prisoners.

But in the Ram Cell/cell one as part of punishment are

persecuted with provision of inhumane bed and bedding
which is;

(1) Two blankets

(2) A single bed. (Steel framed)

On providing adequate bed and bedding for inmates in the

Ram Cell/Cell 01 the Department of Correctional Services
has failed to comply all the rules and that is a direct
infringement of Prisoners rights.
______________________________________________
_

EXERCISE

In the Ram Cell/Cell 01, inmates are not allowed to

exercise and at that instance the Department of
Correctional Services has failed to comply with Section 11
of the Correctional Services Act, 111 of 1998 that provides
that;

"Every prisoner must be given the opportunity to exercise

sufficiently in order to remain healthy and is entitled to at
least one hour of exercise daily. If the weather permits, this
exercise must take place in the open air".

The United Nations Standard Minimum Rules for the

Treatment of Prisoners at paragraph 21 (1) states that;

"Every prisoner who is not employed in outdoor work shall

have one hour of suitable exercise in the open air daily if
the weather permits.

Section 35(2)(e) of the Constitution of South Africa Act in

the Bill of Rights also states that;

"Everyone who is detained, including every sentenced

prisoner, has the right to conditions that are consistent
with human dignity, including at least exercise..."
The Department of Correctional Services has failed to
afford exercise to the inmates detained at the Ram
Cell/cell one as that is a non compliance with the rules of
law. The Department has therefore infringed the
Constitutional rights of all the inmates detained in the Ram
Cell/Cell 01.
______________________________________________
_

WINDOWS

Most windows at the Ram Cell/Cell 01 are broken, during

rainy weather the rain is dropping inside this cell through
those broken windows and the cold winds of the dark-night
morning hours are uninterruptedly flowing inside this Cell
while one is just covered in a single and only provided
blanket and that is also what course the suffering from flu.

The Department of Correctional Services has failed to

comply with section 7(1) of the Correctional Services Act,
Act 111 of 1998 that provides that;

"Prisoners must be held in cells which meet the

requirements prescribed by regulation in respect of floor
space, cubic capacity, lighting, ventilation, sanitary
installations and general health conditions. These
requirements must be adequate for detention under
conditions of human dignity".

Section 35(2)(e) of the Constitution of South Africa Act

further states that;

"Everyone who is detained, including every sentenced

prisoner, has the right to conditions that are consistent
with human dignity, including at least...adequate
accommodation..."

The United Nations Standard Minimum Rules for the

Treatment of Prisoners - paragraph 10 provides that;

"All accommodation provided for the use of Prisoners and

in particular all sleeping accommodation shall meet all the
requirements of health, due regard being paid to climatic
conditions and particularly to cubic content of air..."

The Department of Correctional Services has failed

to provide the inmates in the Ram Cell/Cell 01 the
accommodation that meet the requirements of health, due
regard being paid to climatic conditions and these
conditions are not consistent with human dignity as the
windows conditions are not adequate to accommodate
inmates.

On that note the Department of Correctional Services has

infringed the Constitutional rights of all the inmates in the
Ram Cell/Cell 01
______________________________________________
_

LIGHTING

All the artificial lights inside the Ram Cell/Cell 01 are not
operative, and all the inmates detained in there during
night times they are unable to freely move around this cell.
They cannot read or write anything as during nights this
cell is too dark to do anything inside it.

Going to the toilet is too cumbersome as one has to touch-

feel-pad the surrounding items as leading aim to the toilet
or the urinary. At the toilet or urinary one is likely to urinate
on the floor as at this point one is not sure if they are
aiming at the right spot to the toilet or the urinary.
The Department of Correctional Services has failed to
comply with Section 7(1) of the Correctional Services Act
that;

"Prisoners must be held in cells which meet the

requirements prescribed by regulation in respect of...
lighting...These requirements must be adequate for
detention under conditions of human dignity".

Correctional Services Regulation 3(2)(c) also provides

that;

"Any cell utilised for the housing of prisoners must be

sufficiently lighted by natural and artificial lighting so as to
enable a prisoner to read and write".

The United Nations Standard Minimum Rules for the

Treatment of Prisoners at paragraph 11(b) further provides
that;

"Artificial lights shall be provided sufficient for the

Prisoners to read or work without injury to eyesight".

Paragraph 31 of the above Rule further states that;

"Corporal punishment, punishment by placing '(an inmate)'
in a dark cell, and all cruel, inhuman or degrading
punishment shall be completely prohibited as punishment
for disciplinary offences".

With the absense of artificial lighting in the Ram Cell/Cell

01 the Department of Correctional Services has failed to
comply with the rules of law that every cell holding inmates
inside it shall be fixed with artificial lighting for inmates to
perform their basic needs through out the entire course of
the night.

The Department of Correctional Services has infringed the

Constitutional rights of all the inmates detained inside the
Ram Cell.
______________________________________________
_

ABLUTION - DRINKING WATER - HOT WATER

Inside the Ram Cell/Cell 01 inmates are not allowed to

ablution facilities as there is no zinc or basins inside this
cell, (there used to be but now uninstalled) there is no cold
water nor hot water inside this cell.
With the absence of ablution facilities inside this cell,
inmates are having it difficult to brush their teeth, inter
alia. Since the gysers for the entire center are not
operative, alternatively all the cells are provided with a 50
litre Urn for hot water excluding the Ram Cell/Cell as
washing in cold water is also part of the punishment for
the inmates inside the Ram Cell/Cell 01.

Clean drinking water are not always available to the

inmates in the Ram Cell/Cell 01. They only get three 20
litre buckets = 60 litres of water in 24 hours. This water is
used for drinking, ablution and flashing toilets meaning
that within the first 6 hours after receiving those water in
those three buckets those water well be done and out and
all the inmates inside the Ram Cell/Cell 01 will undergo
the next 18 hours without drinking water and water for
flashing the toilets.

For the next 18 hours the inmates will suffer from thirst,
the smell of the unflashed toilet and the smell of the
urinary stand.

The Department of Correctional Services has failed to

comply comply with section 7(1) of the Correctional
Services Act, that requires that inmates be afforded
adequate detention under conditions of human dignity.

Section 7(6) of Act 111 of 1998 further provides that;

"Clean drinking water must be available to every prisoner"

Correctional Services Regulation 3 (2)(d)(i)(ii) further

provides that;

"In every prison there must be sufficient, accessible

ablution facilities that must be available to all prisoners at
all times"..."such facilities includes access to hot and cold
water for washing purposes".

All inmates inside the Ram Cell/Cell 01 are subject to

inhumane treatment that brings down their dignities as
human beings.

The Minister of the Department of Correctional Services is

in non compliance with section 134(1)(a) of the
Correctional Services Act, Act 111 of 1998 that guides him
that;
"The Minister my make regulations not inconsistent with
this Act as to the safe custody of Prisoners and the
maintenance of good order, discipline and security in
prison".

Disciplining and punishing inmates at the Ram Cell/Cell 01

in the Rooigrond Correctional Center is in consistent with
what the law requires in the guidelines for the Department
of Correctional Services officials to comply with.

NB: And all the inmates inside the Ram Cell/ Cell 01 that
are believed to have had committed some kinds of
offenses are not given the opportunity to legally defend
themselves before being subjected to this punishment and
disciplinary measures as no disciplinary hearings are
conducted by the Head of the Prison neither by the
Disciplinary Official.

Section 24(1) of the Correctional Services Act, Act 111 of

1998 provide that a;

"Disciplinary hearing must be fair and may be conducted

either by a disciplinary official or a Head of the Prison".
The United Nations Standard Minimum Rules for the
Treatment of Prisoners - at paragraph 30(2) states that;

"No Prisoner shall be punished unless he has been

informed of the offense alleged against him and given a
proper opportunity of presenting his defense. The
competent authority shall conduct a through examination
of the case

So I Mr Thongane Manqalasa and four (4) fellow inmates;

Mr Happy Makhayo
Mr Papi Moloelang
Mr Thabang Mahao
Mr Johannes Phokontsi

Are seeking legal action against the Minister of

Correctional Services to litigate against him in his official
capacity as the Head of the Department of Correctional
Services under which the Rooigrond Correctional Center -
Medium A - Unit 05 - Cell 01/Ram Cell in question falls
under.
We need you assistance in this regard and if assistance is
unavailable please be kind to inform me on time that I may
be able to explore different avenues with this regard.

Yours faithfully

Mr Thongane Manqalasa.