Dear Advocate Letlhabane.

By MR THONGANE MANQALASA - REG NO: 219 809 719 at Rooigrond Correctional Center, Medium - A

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;

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

_______________________________________________

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.