Children in Prison: South Africa

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Alternative title Notes and Documents - United Nations Centre Against ApartheidNo. 2/85 Author/Creator United Nations Centre against Apartheid; McLachlan, Fiona Publisher United Nations, New York Date 1985-01-00 Resource type Reports Language English Subject Coverage (spatial) South Africa Coverage (temporal) 1985 Source Northwestern University Libraries Description Ms. McLachlan is associated with the Institute of Criminology, University of Cape Town, South Africa. This study was commissioned by Defence for Children International, a non-governmental organisation with headquarters in Geneva, as one of the series of studies on children in prison with adults. It was slightly condensed for publication in the Notes and Documents series. Additional material and comments were prepared by Professor Dirk Van Zyl Smit, Director of the Institute of Criminology, Universityof Cape Town. Format extent 77 page(s) (length/size)

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http://www.aluka.org NOTES AND DOCUMENTS*

NOTES AND DOCUMENTS* January 1985 CHILDREN IN PRISON: SOUTH AFRICA by Fiona McLachlan "\ 7AW...... /Note: Ms. McLachlan is associated with the Institute of Criminology, University of Cape Town, South Africa. This study was commissioned by Defence for Children International, a non-governmental organization with headquarters in Geneva, as one of the series of studies on children in prison with adults. It was slightly condensed for publication in the Notes and Documents series. Additional material and comments were prepared by Professor Dirk Van Zyl Smit, Director of the Institute of Criuinology, University of Cape Town. The views expressed are those of the authors./ *All material in these Notes and Documents may be freely reprinted. Acknowledgement, together with a copy of the publication containing the reprint, would be appreciated. United Nations, New York 10017 UNITED NATIONS CENTRE AGAINST APARTHE/D 2/85 85-07291

PREFACE The detention of children in adult prison is inevitably an emotional issue. Prisons anywhere are grim places. Especially horrifying are large bare cells that are designed for adults but filled with juveniles who look as if they belong somewhere else. It might be true that alternative facilities are not available for the detention of juveniles. Where this is the case, something must be done about it. The material that has been assembled here is designed to highlight the position of children in adult facilities in South Africa. In the report which was commissioned by Defence for Children International, and written in December 1983 for the Institute of Criminology at the University of Cape Town by Fiona McLachlan, a careful attempt was made to place the knowledge that we had at the time in its full social, political and legal context. She has quite deliberately avoided drawing final conclusions and has left it to the reader to answer the question about what is to be done. Since December 1983 there have been a number of further developments. The South African prison service has apparently decided to adopt a policy of greater openness. An opportunity to visit an adult prison in which juveniles are housed was accepted gratefully. The results of this visit are recorded in the Annex I to the present report. There have also been some minor changes in law and policy. Where necessary, I have inserted the new information in the text of the initial study. However, I have not materially altered the initial report. It is noteworthy that the statistics for the number of juveniles detained in prison on a single day in 1984 (see p. 9 of the report) show that there appears to have been a significant decline in the number of sentenced juveniles in particular. Perhaps the publicity that the parliamentary questions in 1983 engendered, contributed to a change of policy. On the other hand, there was an increase in the number of children admitted to prison with their mothers. It is hoped that the work that has been done will serve to provide the basis not only for a reduction in the number of juveniles detained in adult facilities and in the conditions of their detention, but that it will eventually lead to the total exclusion of juveniles from the adult prison system. Dirk Van Zyl Smit Professor and Director Institute of Criminology Cape Town

CONTENTS INTRODUCTION Scope of report...... Problems SOUTH AFRICA - A SOCIO-POLITICAL SUMMARY ...... Country and population Government and political participation ...... The courts and the legal system Apartheid laws and society ...... The Population Registration kct The Group Areas Act ...... Pass laws and influx control. General comments...... Crime and imprisonment NUMBER OF CHILDREN IN SOUTH AFRICAN PRISONS ...... THE POSITIVE LAW AND ITS ENFORCEMENT The Children's Act ...... The Common Law ..... The Criminal Procedure Act ...... The Prisons Act Security legislation: The Internal Security Act ...... PRISON CONDITIONS FOR CHILDREN The Prisons Act and Consolidated Prison Regulations ...... Prisoners in general Unconvicted prisoners ...... The Prisons Service Prison gangs ...... ANNEX I Report on visit to children in prison 3 .3 4 24 25 5 6 "7 ...... 15 18 ...... 16 ...... 125 ...... 25 ...... 29 30 ...... 3 Table I ...... Table ' ANNEX II Interviews ...... Interviews with mothers detained with children Interviews with children ...... Juvenile criminal offenders Political offenders...... 38 ...... 38 40 ...... 41 4 1

ANNEX III Transcript of telex from Prisons Service to Sunday Times ...... 47 ANNEX IV Sample questionnaire for interviews with mothers 52 ANNEX V Sample quessionnaire for interviews with children ...... 54 ANNEX VI List of welfare agencies approached 56 BIBLIOGRAPHY ...... 58 NOTES ...... 61

- 1- INTRODUCTION Scope of report This report was written for Defence for Children International, an organization based in Switzerland which is conducting an international survey of prison conditions for children. The study is limited to children under the age of 18 who have been imprisoned in adult penal facilities for any reason whatsoever. In South Africa, children may be kept in police cells or prisons for one of the following four reasons: (a) If they are unconvicted prisoners: (b) If they are sentenced prisoners: (c) If they have been transferred from a reform school to prison: or (d) If they have been admitted with their mothers who are unconvicted or sentenced prisoners. Defence for Children International requested a comment on the "traditional, cultural and social setting of the problem", in addition to a report on the laws relating to the imprisonment of children, as well as details of prison conditions. This report contains the findings of the study of child imprisonment in South Africa. Unfortunately in South Africa, in terms of government policy, an individual's race determines his/her status in society. Throughout this report reference is made to different racial groups. Furthermore, official statistics in South Africa are generally given separately for each racial group. Problems The Prisons Act states: "Any person who.. .publishes or causes to be published in any manner whatsoever any false information concerning the behaviour or experience in prison of any prisoner or ex-prisoner or concerning the administration of any prison, knowing the same to be false, or without taking reasonable steps to verify such information (the onus of proving that reasonable steps were taken to verify such information being upon the accused)... shall be guilty of an offence and liable on conviction to a fine not exceeding two thousand rand, or in default of payment, to imprisonment for a period not exceeding two years or to such imprisonment without the option of a fine or to both such fine and such imprisonment." l/

- 2 - The above restriction and the lack of free access to prisons have ensured that there is very little information on South African prison conditions in general. Defence for Children International specifically requested that certain data be obtained by means of interviews with women and children in prison. Questionnaires were prepared in accordance with its instructions and these were used as a guide for the interviews. Examples of the questionnaires used for the women and children are contained in Annex IV and Annex V to this report. However, the Prisons Service has not yet granted the writer permission to visit a prison or to interview in prison. 2/ In order to overcome this difficulty, interviews were conducted with children and women who had been released from prison. The people interviewed were approached through members of their communities who knew them or who had rendered some form of welfare assistance to them. No one was financially rewarded for an interview although two children were compensated for their bus fare to and from the interview. The information obtained during the interview is included in order to provide a subjective account of how the children and mothers perceived the reasons for their arrest and detention, their understanding of the court proceedings and the experience of prison (or police cell). The information obtained from these interviews is not an objective analysis by the writer and is therefore not included in the report itself but is attached in an Annex so that the reader can judge these perceptions of imprisonment at first hand. Several social welfare organizations were approached. However, they deal with adult offenders or with "children in need of care" 3/ (for example, neglected, abandoned or abused) rather than with juvenile offenders. Several agencies had nevertheless approached the authorities in connection with child prisoners. A list of the agencies approached and their response is attached in Annex VI. As a result, it was difficult to obtain a cross-section of cases in the time available: no white children were interviewed and their conditions may differ slightly; only one female child was interviewed and she had not been detained for criminal activities; most of the interviewees had been kept in police cells; several interviewees had been kept in prison in terms of security legislation and not for the commission of a criminal offence, and conditions may differ for the two groups. All the women who had been detained with their infants were Africans arrested for pass law and influx control offences. None had been in prison for more than four months. However, all were held at one of the large female prisons where according to the Prison Service there are special facilities for children. The interviews were largely limited to one major city. It was not possible within the time available to obtain a more national survey. However, information was requested from the Prisons Service of three of the four "independent" homelands. Transkei has refused the request, while Ciskei 4/ and Bophuthatswana have replied that details would be provided as soon as possible.

- 3- SOUTH AFRICA - A SOCIO-POLITICAL SUMMARY Country and population South Africa covers an area more than five times the size of the United Kingdom. It is divided into four provinces: the Transvaal, Orange Free State, Natal and Cape Province. The South African Government has established "self-governing" African homelands and has granted "independence" to four of them: Transkei, Bophuthatswana, Venda and Ciskei. This independence is not recognized by the international community. 5/ By law, every South African is classified as belonging to a specific ethnic group: white, Coloured, Indian (Asian) or black. The term "Coloured" refers to people of mixed racial descent. These are the official terms. In this study, "black" is used for anyone who is not white, and "African" is used instead of the official "black". According to the 1980 census, the South African population consists of: 6/ 16,900,000 Africans 2,600,000 Coloureds 821,000 Asians 4,500,000 Whites 24,821,000 Sub Total This figure excludes Bophuthatswana, Transkei and Venda: 7/ 1,323,315 Bophuthatswana 2,323,650 Transkei 315,545 Venda 3,962,510 Sub Total The total is 28,783,510 people. English and Afrikaans are the two official languages and either one or the other is the home language of most whites. Approximately 60 per cent of the whites are Afrikaans speaking. 8/ The majority of Coloureds speak Afrikaans and most Indians speak English although several Indian languages are still used. Africans speak one or more of the African languages and most learn either English or Afrikaans, if not both. Most South Africans are members of the Christian faith. 9/ There are also small number of Jews, Muslims and Hindus.

- 4 - Government and political participation 10/ The present National Party Government came into power in 1948. The central Parliament consists of one chamber and members are elected by the votes in single-member constituencies. In addition, 12 are nominated. l/ Parliamentary supremacy is fundamental to the constitution and no court of law may question the validity of any Act of Parliament except to determine whether the procedural requirements of legislation affecting the status of the two official languages have been met. 12/ Only whites have the vote and thereby participate in the central government. Blacks have no political representation in the central parliament. In terms of the Government's "separate development" (apartheid) policy, each ethnic group is to exercise limited political rights through its own political organization. The Government established the Coloured Representative Council 13/ and the South African Indian Council to cater for Coloureds and Asians respectively. Africans must exercise their political rights in their respective "homelands" and/or local urban community councils. Recently, a referendum among white voters accepted a new constitution in terms of which the central parliament will consist of three separate chambers for whites, Coloureds and Asians respectively. Coloureds and Asians will have only limited representation and power. Africans continue to be excluded from the new arrangement. The original popular African political organizations formed in opposition to government policy, the African National Congress (ANC) and Pan Africanist Congress of Azania (PAC), were declared unlawful in the 1960s. 14/ Several other AFrican political organizations have also been banned and many existing African political organizations continue to be harassed by authorities. 15/ Political power is therefore vested in an all-white government. Professor John Dugard of the University of the Witwatersrand has described South Africa as "a pigmentocracy in which all political power is vested in a white oligarchy, which in turn is controlled by an Afrikaner elite". 16/ Courts and the legal system South African common law is essentially a mixture of Roman-Dutch and English law. Roman-Dutch law was originally brought to the Cape by Dutch settlers in 1652. 17/ After the annexation of the Cape by the United Kingdom in 1806, the local common law was gradually influenced by English legal doctrines. The court system was adapted from England and English criminal procedure followed. The Westminster system of government and principles of English constitutional law were adopted. African customary law still regulates certain aspects of African family relations. 18/ The Supreme Court of South Africa consists of the Appellate Division, seven provincial divisions and the three local divisions. 19/ The Supreme Court has both civil and criminal jurisdiction. The Appellate Division is the highest court of appeal. The provincial divisions hear appeals from the lower courts. Both provincial and local divisions are courts of the first instance. Supreme Court judges are appointed from the ranks of advocates

- 5- (barristers) by the State President-in-Council (the Cabinet). A system of judicial precedent exists whereby lower courts are bound by the decisions of higher courts within the same province and always by the Appellate Division. The lower courts consist of magistrate's courts (district and regional) and commissioner's courts. District magistrate's courts and commissioner's courts have both civil and criminal jurisdiction, but the latter are restricted to matters concerning only Africans. Regional magistrate's courts have only criminal jurisdiction. The criminal jurisdiction of the lower courts is limited. 20/ State-appointed professional prosecutors conduct the prosecution of criminal offences. The legal profession consists of advocates (barristers) and attorneys (solicitors). 21/ Advocates are instructed by the State to appear "pro deo" for indigent accused charged with capital offences. 22/ The large majority of attorneys and advocates are white and there has not as yet been a black judge in South Africa. Most court officials in both the lower courts and the Supreme Court are white. Apartheid laws and society After the National Party Government came to power in 1948, it began to implement its policy of apartheid (apartness) based on racial segregation. The Government justifies "separate development" as being "constructive", enabling each racial group to develop and live according to its own cultural and social norms. Apartheid today regulates all South Africans' lives and apartheid legislation legitimizes racial discrimination. Despite various government denials of such intention, many of these laws discriminate against blacks. A brief discussion of the more significant of these laws follows, to give an indication of both the extent of legal racial discrimination in South Africa and its effect of increasing the probability of blacks being affected by the criminal justice system. The Population Registration Act 30 of 1950 Upon the registration of a birth, each person is classified as white, Coloured or African. 23/ Coloureds and Africans are further divided into ethnic or other groups. 24/ Generally, a child will have the same classification as his/her parents, but for those who do not fall into any definite category, their status will be determined by criteria such as descent, appearance, (hair, lips, nails, etc.) social acceptance, habits, speech and education. 25/ A person may apply for reclassification to another group or third parties may object to the official classification awarded. 26/ Any classification other than white means fewer rights. This Act causes much human suffering as families are torn apart by different classifications.

- 6- Groups Areas Act 41 of 1950 In terms of this Act, separate geographical areas are set aside for use by different racial groups. White suburbs immediately surround the central and business districts of cities, while black residential suburbs (townships) are established on the outskirts. In a study of the effect of the Group Areas Act in Cape Town, 27/ the authors conclude that its implementation is more than just a means of keeping the better areas white, but that it is also used to control the poorer working classes and eliminate their competition with whites. Blacks are still trying to obtain permission to trade freely in the white central business districts of major cities like Johannesburg and Cape Town. District Six in Cape Town is an example of the effects of this Act. In 1966, District Six was proclaimed a white area although 90 per cent of its residents were Coloured. The consequences of this proclamation have been described as follows: the breakdown of supportive extended families, the end of many home industries, unemployment, increased living costs, women compelled to work and unsupervised children forced to run wild in the streets where many joined street gangs which "absorbed the ideology of the ruling class and replayed its tune on the streets in a particularly naked and brutal fashion".28/ From the time of the Act's enactment in 1950 to the end of 1981, 120,787 families had been moved: only 2,262 were white; the remainder were Coloured and Indian. 29/ Pass laws and influx control Africans are subject to the greatest restrictions. The pass laws require all Africans over the age of 16 to apply to a Central Reference Bureau for identity documents. These are to be in their possesion at all times and the police may arrest anyone failing to produce them on demand. 30/ The passbook indicate whether an African has the "right" to be in a white area. The influx control laws 3l/ forbid any African to be in a white area for more than 72 hours except in special circumstances. 32/ The Supreme Court has recently extended these rights slightly though the Goverment has suggested future legislation to counter their effect. 33/ The intention behind the influx control laws is that all Africans must live in their respective "self-governing homelands". Therefore, unless an individual qualifies to live in a white area, he requires permission to work in "white" South Africa as a migrant contract labourer and may not bring his family to live with him. Furthermore, in terms of government homelands policy, once a homeland becomes "independent", its "citizens" automatically lose their South African citizenship, whether they live in the homeland or not. 34/ The homelands comprise 13 per cent of South Africa's land and need to support more than 70 per cent of its population. The South African Government shifts the costs of housing, education and welfare to the homeland governments, yet all these areas are financially dependent upon South Africa. 35/

- 7- As a result of the overcrowd ing in the homelands and consequent unemployment, poverty and overloaded services, thousands of Africans stream "illegally" to the major urban areas looking for work or to join their relatives in an attempt to maintain their family lives. 36/ During 1981, 1,329,000 migrant labourers and 745,500 commuters from the homelands alone were legally in South Africa. 37/ During the same year, 160,600 Africans were convicted of influx control and pass law offences. 38/ The Government has proposed further legislation 39/ to tighten up its enforcement of these laws despite warnings that it will never be able to tide the flow from the homelands. In addition, African communities are regularly forces to move from "black spots" within white South Africa as the Government attempts to consolidate the homelands. 40/ General comments Apartheid controls many other aspects of life in South Africa as well. Public amenities, for example, beaches, restaurants, theatres, libraries and public transport are reserved for use by one race. 41/ Several socio-economic factors are exacerbated by racial discrimination. There is a chronic housing shortage throughtout the country, particularly for blacks. 42/ Africans are not allowed to own land (except in the "independent" homelands) and are only granted 99 year leaseholds over their property. Due to the shortage of houses, poverty and the influx of Africans from the homelands, African townships are overcrowded and "squatter" communities are a common sight on the outskirts of all major cities. Coloured and Indian areas are similarly overcrowded. 43/ Doctors have blamed the high number of African deaths from tuberculosis and malnutrition on poor socio-economic conditions prevalent in African communities. 44/ The African infant mortality rate in Pretoria and Cape Town, two major cities, is approximately four times that of whites. 45/ Unemployment is high. In its 1981 report, the National Manpower Commission stated that amongst Coloureds and Africans under the age of 30, the rate of unemployment was 66.8 per cent and 59.5 per cent respectively. 46/ In September 1981, whites constituted 4.3 per cent of unemployment persons registered at employment offices. 47/ Education has caused much unrest and dissatisfaction amongst black children throughout the country. 48/ School education is compulsory with free textbooks and stationery for whites and was also made so for Coloureds a few years ago. Recently, compulsory education and free equipment was introduced to some African schools. 49/ Approximately nine times more money is spent on the education of each white child than on each African child and the teacher-pupil ration for whites is half that for Africans. 50/ The rejection of inferior "Bantu education" 51/ has led to much unrest in black schools and universities. School pupils and university students have organized boycotts against separate educational institutions for different races, as well as against the inferior standard of black education, shortage of teachers, government interference in black educational institutions and police detentions of fellow students. Several student organizations, black and white, continue to demand a single education system and standard for all.52/

-8- Blacks, generally, are discriminated against in virtually all aspects of their daily lives, with Africans being the most disadvantaged. It is submitted that such treatment has negative consequences as regards both the number of blacks caught up in the criminal justice system and their attitude towards the entire South African legal order. Crime and imprisonment South Africa has a high crime rate which is reflected in its high prison population. In 1974, the South African prison population was 440 per 100,000 of the total population , compared to 189 per 100,000 in the United States of America. 53/ According to the annual report of the Department of Justice for the period from 1 July 1981 to 30 June 1982, 460,718 people were admitted to prisons throughout the country during that period. 54/ Of these, awaiting-trial prisoners constituted 49.9 per cent; while 76.9 per cent were sentenced for less than six months. 55/ The most recent average daily prison population was 105,634. 56/ Many individuals and organizations concerned about the crime rate and prison conditions have urged the Government to examine the causes of crime rather than concentrate on the symptoms. The imprisonment of Africans for technical offences in terms of the pass laws and influx control regulations has been condemned. 57/ In the statistical year from 1 July 1978 to 30 June 1979, 40 per cent of sentenced Africans in prison were admitted for influx control violations. 58/ Africans alone are made criminals under these laws. In a comment on a survey of black offenders in Cape Town, 59/ a criminologist stresses the need to look at the socio-economic problems of the South African society, their relationship to crime and the inability of existing institutions to rectify the situation. It is argued that factors such as unemployment, poverty, residential instability, alcoholism, violence, poor education, emotional deprivation and other family problems encourage people to turn to crime in order to survive or to reject those social values with which they cannot identify. 60/ Furthermore, most black townships are characterized by inadequate housing, lighting, transport, recreational facilities, telephones and policing. Many peoople who turn to crime are children. A small survey of juvenile cases in 1981 found that 70.6 per cent of convictions were for theft. 61/ Most of these childdren were from socially disrupted communities and 94 per cent were black. Many of the township children join gangs. It has been estimated that approximately 80,000 youngsters on the Cape Flats alone (in and around Cape Town) belong to gangs. 62/ Young street gangs may be relatively innocuous at first, but a fair number of members progress to older gangs which rely on illegal and violent activities to "beat the system".

- 9- In the writer's view, all these factors have an adverse effect upon many blacks and their impression of the law and criminal justice system. 63/ The Government has been warned that discriminatory laws and their enforcement by the police have caused blacks to view the police as a "symbol of oppression". 64/ Furthermore, in violent and deprived communities theft and violence may become acceptable. It is submitted that in a competitive society that stresses wealth, material acquisitions and capitalist economy which appears to benefit a few and especially the whites, the legitimate means of competition may be scorned. Sometimes the society's objectives are scorned too. Capitalism is increasingly questioned by many young blacks and theft may be rationalized as "repossession" or "redistribution" of the country's wealth. The writer believes that, politically, the courts and the legal system are seen by many to implement unjust laws of discrimination. A belief that there is little chance of fair treatment in an inherently unjust system gives rise to contempt and disrespect for the courts and for the entire legal system. NUMBER OF CHILDREN IN PRISON In September 1983, replying to questions from the white official opposition party in Parliament, the Minister of Justice gave the following information on children (under the age of 18 years) in South African prisons. 65/ In June 1984, the same question relating to the number of children in prison was asked as in September 1983. In the answer, the information was presented in a different way but it can without distortion be cast in the same form as the one provided the year before. NOTE: These figures do not include children held in police cells. The number of sentenced and unsentenced juveniles are as of 17 July 1983 and 19 March 1984 only.

Age in Years - 10 Unsentenced juveniles in prison on 17 July 1983 66/ I______I ----T- Offence Total for age group White Coloured As ian African - -~~- I ---~~* 10 to under Economic 11 Violent 1 1 Other Economic 4 3 11 to under 12 Violent 2 7 2 Other I. Economic 6 5 12 to under 13 Violent 412 2 2 Other 2 2 Economic 14 9 5 13"to under 14 Violent 2 20 2 14 Other 4 2 2 14 to under Economic 35 20 15 15 Violent 11 51 7 4 Other 5 1 2 2 Economic 60 34 1 24 15 Violent 37 106 2 231 11 16 Other 9 3 2 Economic 102 5 44 2 50 16 to under 17 Violent 70 191 2 35 1 32 Other 19 - 9 1 7 1 Economic 168 9 62 1 73 23 17 Violent 130 355 3 79 3 45 Other 57 L 9 i 34 3 Economic 389 under 18 Violent 257 22 1 353 21 t 0312j33 Other 97 GRAND TOTAL 743 23 374 345 743 unsentenced juveniles were in prison. 96.9 per cent were black* Of these, 51.9 per cent were Coloureds and T7.9 per cent were African. 92.6 per cent were males and 7.4 per cent were females. 52.4 per cent were held for economic crimes, 34.6 Per cent were held for violent crimes and 13 per cent for "other".

- 11 - Sentenced juveniles in prison on 17 July 1983 §V Total White Coloured Asian African Age in Offence or g Yearsfor age Years group MF M F M FMF 14 co under Economic 1 is Violent 2 5 2 Other 2 1 . 15 to under Economic 9 3 6 16 violent 1127 5 6 Other 7 1 4 2 16tounder Economic 85 2 2811 52 1 17 Violent 67166 2 271 37 Ocher 14 3 1 11 17tounder Economic 526 8 248 1 2 247 20 18 Violent 4161029 7 14533 255 3 Other 87 19 2 41 25 under1 Economic 62L Violent 496 ole 190 19 0 480 8 6 0 663 51 Other 110 GZANDTOTAL 1227 19 488 6 714 Summary 1227 sentenced Juveniles in prison. 98 per cent were black, Of theae, 40.5 per cent were Coloured and 59.1 per cent were Africans. 95.2 per cent were male and 4.8 per cent were female. 50.6 per cent were helA for economic crimes, 40.4 percent were held for violent crimes and 9 per cent for "other".

- 12 - Children admitted to prison with their mothers 68/ Period: I July 1982 - 30 June 1983 Males Females Total White 6 6 12 Coloured 109 152 261 As ian 0 0 0 African 1254 1403 2657 TOTAL 1369 1561 2930 Dace: 3C June 1933 'tal es Females Toral White 1 0 1 Coloured 13 19 32 Asian 0 0 0 African 90 115 205 TOTAL 104 134 238

- 13 - Unsentenced Juveniles in Drison on 19 Total White Coloured Asian African Age in Years Offence No for age - group M F MF M F M I 10upto Economic 2 2 11 Violent 2 Other 1l up to Economic I 12 Violent Other Economic 7 1 12 up to 13 Violent 7 13u o Economic 9 4 13 up to 14 Violent 12 Other 3 3 14upto Economic 24 141 81 15 Violent 529 4 1 Other Economic 49 21 24 4 15 up .to 16' Violent 30 81 26 4 Other 2 2 16upto Economic 81 4 47 2 23 5 17 Violent 49 131 361 12 Other 1 1 Economic 176 11 2 64 1 97 1 17 up to 18 Violent 122 307 67 1 531 Other _ _ - 2 6 1 Economic 349 Sub-Totals Violent 206 15 2 292 6 239 16 Other 15 CRAMnTOTAT, 570 17 298 - 255 570 unsentenced Juveniles were in prison. 9T per cent were black. Of these, 52.3 per cent were Coloured and 44.T per cent were African. 95.8 per cent were males and 4.2 per cent were females. 61.2 per cent were held for economic crimes, 36.1 per cent were held for violent crimes and 2.6 per cent for "other". March IoAh §2/

- 1~4 - Sentenced Juveniles in prison on 19 March 1984 / Total Whice Coloured Asian African Age in Offence NO for age Years group M F M F _ M Economic 1 1 13 up to 14 Violent I Other 1 up t Economic 4 3 16 Violent 2 7 1 1 Other I 1 . 16upto Economic 40 18 2 19 17 Violent 31 78 15 16 Other 7 6 1 17upto Economic. 175 1 1 82 5 .70 16 18 Violent 127 317 73 2 2 47 3 Other 15 _0 Economic 220 Sub-Totals Violent 160 Other 23 2 i 191 9 2 172 25 GRANDTOTAL 4.03 3 200 2 98 Summary 403 sentenced Juveniles in prison. 98.T per cent were black. Of these, 49.6 per cent were Coloured and 49.1 per cent were African. 91.1 per cent were males and 8.9 per cent were females. 54.6 per cent were held for economic crimes, 39.7 per cent were held for violent crimes and 5.7 per cent for "other". -On 19 March 1984, there were 824 fewer sentenced Juveniles detained than on 17July 1983. This represents a decline of 6T.2 per cent. However, comparisons based on figures for single days could be misleading.

- 15 - Children admitted to prison with their mothers 71/ Period: 1 January 1983 - 31 December 1983 Males Females Tocal 'rhice 6 5 L1 Black 1504 1533 .3037 Coloured 175 188 363 Asian 4 - 4 TOTAL 1689 1726 34L5 Dace: 31 May 1984 Males Females Total White - - Black 94 105 199 Coloured 31 25 56 Asian - - TOTAL 125 130 255

- 16 - THE POSITIVE LAW AND ITS ENFORCEMENT Several statutes regulate the admission of children to prisons. Two different courts deal exclusively with children: the children's court 72/ deals only with children defined as "in need of care" in terms of the Children's Act 73/ while the juvenile court 74/ handles children charged with criminal offences. The Children's Act 33 of 1960 The Children's Act provides for the general welfare of all children. This Act makes it an offence for anyone who has the custody of any child to permit it to be ill-treated or neglected 75/ and any person legally liable to maintain a child must provide adequate food, clothing, lodging and medical care. 76/ Financial difficulties may excuse the accused from liability. 77/ The Act forbids any custodian to allow a child to be party to any corrupting or immoral behaviour. 78/ These provisions also apply to prison and police officials and therefore place on the State the duty to care properly for all children placed in its custody. The Children's Act also provides for the establishment of children's homes, places of detention, schools of industry and reform schools. 79/ A "place of safety" includes a police station 80/ and therefore police cells. Common law According to South African common law, children under the age of seven years are deemed to be "doli incapax" and are never regarded as responsible for criminal offences. Children between seven and fourteen years old are presumed to be "doli incapax" but this presumption is rebuttable. In S. vs Dyk, 81/ the review court emphasized that the crucial test is the state of mind and general appreciation at the time the offence was committed. The court doubted whether the eleven-year-old accused had in fact appreciated the wrongfulness of his participation for which the lower court had found him guilty. Hutchinson 82/ questioned whether courts were discharging their duty to rebut the presumption of "doli incapax" in favour of children between the ages of seven and fourteen. In his research he found little evidence in the court records as to whether the State had in fact done so. All other minors who are alleged to have committed criminal offences are treated in essentially the same way as adult criminalsaccused in terms of the Criminal Procedure Act (see below). The only differences are: that trials of juveniles are held "in camera": parents (or guardians) may assist their child in the proceedings; and there are alternative sentencing procedures for juveniles.

- 17 - The Criminal Procedure Act 51 of 1977 In order to ensure the court attendance of an accused, the police may arrest him/her or issue a summons, written notice to appear, or an indictment. 83/ If the accused is arrested, he/she may be granted bail, 84/ released on warning, 85/ or be given written notice to appear in court. 86/ If the accused is not released under one of these provisions, he/she must be brought before a lower court within 48 hours of arrest. 87/ At this appearance, the court may grant bail 88/ or may authorize further detention. To warrant further detention in preference to bail, the court must have reason to believe that the accused will not appear for trial. An appeal may be lodged against the refusal to grant, or the amount of or the conditions attached to the grant of bail. 89/ The Act provides important alternatives to pre-trial detention for juveniles. If the child is under the age of eighteen, 90/ he/she may be referred by the police or court to a place of safety. 91/ Alternatively, a juvenile may be placed in the care of the person in whose custody he/she is. 92/ The custodian is then obliged to ensure the child's presence in court on the trial date. 93/ In practice, these alternatives to detention may provide little relief to children. For many juveniles and their parents, bail is not feasible for financial reasons. The authorities may also have reason to believe that a young accused may not appear in court if given only a warning to appear, or a summons. Children's homes, particularly for black children, are generally full and so the alternative of a place of safety is often not a practical option for the police or the court. In rural areas, referral to a place of safety in one of the larger cities may mean a long journey or it may simply be impractical. Since the definition of a place of safety includes a police cell, this provides an easy option for the police to comply with the provision. In the writer's view, a police cell is not a suitable alternative to prison. The choice of placing a child in the care of his/her custodian as an alternative to detention is a discretionary one, and may be affected by the police's desire or ability to find the custodian. Hutchinson found that many children were kept in police custody even though the whereabouts of their parents were known or subsequently determined.94/ Because the alternatives are discretionary, the Act does not encourage the police or court to find means other than detention to obtain the juvenile's presence at his/her trial. The accused has a right to a legal adviser from the time of arrest, 95/ although there is no duty on the court to inform the accused of this fact. The State does not provide free legal counsel to indigent accused except in capital offences 96/ when "pro deo" counsel is appointed. 97/ An accused may apply for free legal aid. The accused must satisfy a means test to qualify for State legal aid 98/ but the grant of aid is not automatic even if the accused satisfies the test; indeed, many applicants are refused. 99/ The State Legal Aid Board has been criticized for its failure to make its services more accessible to those in need. 100/ Private legal aid centres and university legal aid clinics are unable to meet the demand for their services and the majority of South Africans accused are not legally represented. 101/

- 18 Most juveniles accused would fulfill the requirements for free legal aid yet most have never heard of free legal aid. Many juveniles accused are also unaware of their right to a lawyer. Even if they are, they do not contemplate engaging an attorney for fear of the expense. One can only speculate at the chances of a fair trial for a young child alone in court conducting his/her own defence within the complex technical principles of the criminal procedure. The Supreme Court has tried to ameliorate the situation. In S. vs M., 192/ the court stated that the prosecutor had a duty to bring certain facts to the court's attention when the accused was a young child, with no legal assistance and relying upon the prosecution for a fair trial. Similarly, in S. vs Sebatana, 103/ the court held that the presiding officer was obliged to assist an illiterate and untutored accused to present his defence by cross-examination. A juvenile may be assisted by a parent (or guardian) in the criminal proceedings. 104/ The court may also permit any other person to assist if in its opinion the accused needs such help. 105/ When an accused is under 18, the court must warn his/her parents to attend the proceedings 106/ and even after the trial has started, the court may request their attendance in court. 107/ The court's obligation to warn parents to attend the hearing is conditional upon two factors: that the parent is known to be within the same magisterial district as the court, and the he/she may be traced without undue delay. 108/ The failure to attend after a warning is an offence, 109/ but a parent may apply for exemption from the duty to attend. 110/ If the legislature intended that a child appearing in court alone without either the presence or assistance of a parent to be the exceptional case, it has failed dramatically. By limiting the court's obligation to secure parental attendance to those cases where the parent is known to be within the same magisterial district and traceable without undue delay, the Act is inadequate as it provides an easy, yet perfectly legal, means of securing the child's attendance without his/her parent(s). In his study, Hutchinson 111/ stated that magistrates very readily accepted the absence of parents without further investigation. He also found in one court that the absence of parents was in 85.2 per cent of the cases due to the fact that they lived outside the court's magisterial district. The court was in a "white" area and the black residential areas fell outside its magisterial district. It can therefore happen that race becomes a determining factor under such conditions. This situation is unsatisfactory for those children who need the legal assistance and/or moral support of their parents. It is also unsatisfactory for parents who need to know what is happening to their children. Parents are legally responsible for their children, yet in South Africa a child as young as seven could be arrested, detained, tried, convicted and sentenced without his/her parents' knowledge. This is particularly disturbing in a system that provides little support and no compulsory legal representation for young accused.

- 19 - At the trial stage, the court may, in certain circumstances, convict an accused on a plea of guilty without further inquiry into the facts. 112/ If not, the presiding judicial officer must question the accused to substantiate a finding of guilt. 113/ If the court is doubtful as to whether the accused is guilty, a plea of not guilty must be recorded. 114/ This provision should protect any child who mistakenly pleads guilty, but any allegation made up to the stage of the change of plea is proof in court of the allegation. This effect can limit the protection (see cases below). Where the accused pleads not guilty, the court, in its discretion, may ask the accused whether he/she wishes to make a statement indicating the basis of his/her defence. If the accused refuses, the presiding officer may question the accused to establish which allegations are disputed and then ask whether any undisputed allegation may be recorded as an admission. 115/ Professor John Dugard has warned that in practice this provision could be used as a "fishing expedition" to establish an offense that has not been properly investigated, particularly against the unrepresented accused. 116/ The Act therefore intends to protect the accused who pleads guilty by mistake. In S. vs M., 117/ Didcott J. said: "The safety device is an important one. Accused persons sometimes plead guilty to charges, experience shows, without understanding fully what these encompass. The danger of their doing so is obvious in a society like ours, which sees so many who are illiterate and unsophisticated coming before the courts with no legal assistance. The danger is greater still, it goes without saying, when such a one is a young child with a limited grasp of the proceedings." The Appellate Division case of S. vs Mpongoshe 118/ illustrates the inability of two 15-year-old youths to comprehend the consequences of a plea of guilty to a serious charge and the lack of protection afforded by section 112. Fortunately, these children were legally represented and their legal adviser explained to the court that despite their inclination to plead guilty, he was certain that they did not comprehend the meaning of "sabotage" in terms of the relevant legislation. 119/ In the meantime, the court had already questioned the accused (as it may do), elicited damaging admissions and sentenced them to five years imprisonment. On appeal, the Appellate Division held that the proceedings were irregular due to the trial court's refusal to accept the legal adviser's vicarious plea of not guilty. The Attorney-General may authorize the detention of a potential State witness in respect of certain crimes for a period of up to 180 days. 120/ The Attorney-General applies to a judge in chambers and must give reasons for the detention. 121/ Neither the witness nor his legal adviser may oppose the application. The Attorney-General must approve all visitors to the detained witness. No court may demand the release of the detainee or question the conditions of detention. The posibility of six months' detention under such conditions, especially for a child, deserves in the writer's view most of the criticism directed at security legislation in general.

-20- An extremely important provision of the Criminal Procedure Act as far as children are concerned is the conversion procedure. 122/ A juvenile court may convert the trial of an accused under the age of 18 into a children's court inquiry if it appears to the court that the child is in need of care (see above). The children's court then investigates the background and circumstances of the child. As a result, the child is removed from the criminal justice system and no criminal conviction is recorded. This procedure should protect all children who are neglected,abandoned and in need of emotional and/or financial support. The court in S. vs Shange 123/ discussed this very problem. Milne J. held: "It is clear that it is a competent and proper order in certain circumstances for a 'child in need of care', as defined in the Children's Act, to be sent to a children's home. It is equally clear that a child 'in need of care' may well be a child who has acted in a criminal or irresponsible fashion or has been subjected to "contaminating in fluences". Many children who appear before our criminal courts come from emotionally and financially deprived backgrounds and are "in need of care", yet the conversion procedure fails, in practice, as an effective form of protection. According to the Hutchinson's study, 124/ it was used in only 2.2 per cent of the cases, even though 8.8 per cent of the children alleged they had "no fixed abode". In many cases, the presiding officer is simply unaware of any facts that indicate that the child is in "need of care" because such information does not appear from the evidence or police record. The writer was informed 125/ that the use of probation services by the juvenile court often served the same purpose as a children's court disposition and for this reason the conversion procedure was not frequently used. However, probation services are also seldom used (see below). Furthermore, the court is not obliged to request a probation officer's report and indeed generally does not do so when dealing with a first or second offender. Probation officers at most courts appear to be overworked and this may deter the courts from using them more often. 126/ Most children sentenced to imprisonment have several previous convictions and a probation officer's report is generally requested before a prison term is imposed upon a juvenile. But this may be too late a stage to discover that the child has been "in need of care". If probation reports were compulsory at all juvenile trials, the court, at the child's first introduction to the criminal justice system, would be in a better position to decide on the best approach for that child's particular needs. It is submitted that many children detained in prison either unconvicted or sentenced would be more suitably dealt with as "in need of care".

-21- Once a child has been convicted of an offence, there are several sentences available to the court: 127/ (a) death sentence; 128/ (b) imprisonment (also periodical imprisonment); (c) committal to an institution established by law(d) fine; (e) whipping. Sentences may be suspended or postponed. 129/ In addition, there are alternative sentences available only for juveniles: 130/ (a) probation under the supervision of a probation officer; (b) placement in the custody of any suitable person; (c) reform school: if a reform school is full, a child may be accommodated at a place of safety or place of detention until a place at the reform school becomes available. 131/ Courts therefore have the choice of several welfare dispositions intended for the benefit of juvenile offenders. However, magistrates have been criticized for being too authoritarian and not using these alternatives constructively. For example, in his study of juvenile courts, Midgley concluded that "sentencing relied extensively on classical notions of retribution and deterrance was generally punitive". 132/ While most of the Western world has dispensed with corporal punishment, South African magistrates appear to resort quickly to whippings, "considered the panacea for delinquency". 133/ Only males under the age of 30 may be whipped 134/ and juveniles may receive a maximum of seven strokes. 135/ The Supreme Court has attempted to limit the offences for which corporal punishment may be imposed. Thus for example when a nine-year-old first offender was sentenced to four strokes with a light cane, the reviewing judge voiced his disapproval: "more insight and imagination could fairly have been expected of a judicial officer". 136/ A juvenile whipping is not suspended pending review. 137/ Probation services are seldom used although the aim of this sentence is rehabilitation and correction. 138/ Magistrates who wish to use the welfare alternatives may face practical difficulties in their implementation: for example the lack of probation officers (discussed above) and of children's places of safety. Harcourt-Baldwin 139/ suggest that magistrates have not been "educated" to use welfare alternatives and are unaware of their potential or even of their existence. It is submitted that magistrates are not qualified to decide a child's disposition without guidance from a social worker or similarly trained professional. Even our legal education does not deal with children's rights or social needs. Courts generally have a discretion as to the length of imprisonment they can impose. It appears that, in practice, children are sentenced to prison only once they have several previous convinctions and more often than not, have already spent time in a reformatory. Many critics are skeptical as to whether reformatories are in reality an improvement on prisons. 140/

- 22 - Compulsory minimum sentences are not mandatory for juveniles 141/ although certain security laws specifically excluded alternative juvenile sentences until 1982, when they were reintroduced. A prison or reform school sentence of more than three months (or six months) depending upon the rank of the magistrate, is reviewed automatically 142/ by a judge of the Supreme Court, provided that the accused was not assisted by a legal adviser. 143/ The sentence is not suspended pending review unless the accused is released on bail. A written statement by the convicted accused may also be sent to the reviewing judge. 144/ An unassisted child is unlikely to be able to compile a suitable statement and most juvenile cases would not be subject to automatic review. An accused may also appeal against a conviction or sentence. An unassisted child would be ignorant of this or simply not know the procedure. Appeals from lower courts are made to the Supreme Court and ultimately to the Appeal Court. Furthermore, appeals are expensive. In conclusion: the discretion of the courts and police, practical difficulties in the implementation of alternative welfare sentences, the technical complexity and inadequate provisions of the law itself, cause the Criminal Procedure Act to provide little real protection to children in the criminal justice system. The Prisons Act 8 of 1959 The Prisons Act, as amplified by the Consolidated Prison Regulations, provides the rules that govern all prisons, which include police cells and lockups. 145/ There are few provisions that refer specifically to juveniles with the result that there is little difference in the treatment of adult and juvenile prisoners. Prisons are established for inter alia, the "detention, treatment and training" of juveniles. 146/ The Prisons Act defines a "juvenile" as a person under the age of 21 years 147/ so that juvenile cells of any prison may include prisoners up to this age. However, unconvicted persons under 18 must not be kept in prisons or in police cells unless it is necessary, or unless no suitable place of detention (as defined in the Children's Act) is available. 148/ If this is the case, he/she may not be kept with another who is older than 21, unless such other person is a co-accused, or the association would not be detrimental to the child. 149/ As far as possible, juveniles who have been sentenced to imprisonment must be kept separately from older and more hardened prisoners pending their removal to prison. 150/ Women warders must be in charge of females under the age of 18 years. 151/ It is assumed that the intention of these few provisions relating to juveniles specifically is to both protect young prisoners from possible physical danger from other inmates and prevent their further "education" in crime by "better", older criminals. The writer submits that it is unfortunate

- 23 - that the Prisons Act does not restrict its definition of juvenile to persons under 18 years and perhaps have a separate classification for the 18 - 21 year group. There are many hardened criminals and tough gang members in the under-21 category who constitute as great a danger to the young accused as any adult. The Prisons Act permits the transfer of children from a reformatory to a prison when a child is not amenable to reformatory rehabilitation programmes. 152/ The transfer procedure was explained to the writer in an interview with the staff of one of the two reformatories for Coloured and Indian boys in the country: "Almost all children referred to a reformatory are accepted for two years, although theoretically the reform school board can designate a shorter period. The children spend their time in school and in trade centres where they are taught a trade. Apparently the transfer procedure from reform school to prison is seldom used and is considered a last resort. None has occurred in the last three years at this institution. If the staff find that a child is extremely difficult and believe that he constitutes a danger to the other pupils, the Chief Psychologist and Principal prepare a report on the child proposing his transfer to prison. The report must contain full particulars of the child's background, circumstances and problems as well as the efforts made by the staff to rehabilitate him. This report is then sent to the school's board, the relevant department (i.e. for whites, Coloureds or Africans) and the Minister of the department in question. It is finally confirmed by the Minister of Justice. In terms of the Act, if a child is transferred in this manner, he may not be kept in prison for a longer period than the two-year period he could have spent in the reformatory, had he not been transferred. 153/ Children who run away from a reform school may be arrested again during their absconsion for another offence. In such cases, the court will generally ask the staff whether they feel he should be sentenced 'as an adult'. Apparently, the staff often agrees to the latter approach. As a result, many reformatory children are sent to prison by this means as hundreds abscond from the reformatory each year." The writer was informed by a former staff member from the same reformatory that she believed that many children specifically ran away with the hope that, if they were arrested, they would be sent to prison and would receive a shorter sentence than their prospective two years in the reform school. The staff acknowledged that some resentment against the longer reformatory terms existed, but declared that the reform school provided rehabilitation and not punishment. However, the same ex-staff member stated that many of the children regarded reform school dispositions as punishment since they were ordered by the court as a result of an offence. The remaining sections of the Prisons Act and regulations deal with the general treatment of prisoners and the management of prisons. Supreme Court decisions have also dealt with conditions in prisons and the rights of prisoners. Both the Act and the court cases will be discussed below.

- 24 - Security legislation Several laws have been enacted aimed at "protecting the security of the State". The Government continually warns the public of the "communist onslaught" against South Africa and is loathe to acknowledge publicly the opposition from within the country due to the rejection bymany blacks of the existing political and social order. The security laws have been much criticized as constituting a flagrant invasion of human rights and violating the fundamental principles of criminal justice. 154/ There are few procedural safeguards against abuse by the police and executive. There is no judicial review of the legislation itself and courts are largely excluded from the enforcement of security measures. By March 1982, approximately 50 people (including one 16-year-old) had died in detention while held in terms of security legislation. 155/ In 1982, the Detainee Parents Support Committee sent a memorandum to the Minister of Law and Order alleging the torture of detainees. 156/ Affidavits claimed that various torture methods were used on detainees, such as sleep deprivation for long periods, electric shocks, suffocation, assault with batons, hosepipes and gun butts, mid-air suspensions, assault on genitals, interrogation sessions while naked, hooding, death threats and threats against family and friends. Children are not granted any special protection in terms of security legislation. Until 1982, the alternative sentencing procedures for juveniles were specifically excluded for political offences as many security laws imposed mandatory minimum prison terms. 157/ In a newspaper interview, 158/ Professor John Dugard said that so long as the Terrorism Act excluded the normal rules governing the imprisonment! of juveniles and constituted a serious departure from normal principles of criminal justice, "there will be allegations that juveniles are being imprisoned in circumstances not appropriate to children". This applies to more and more children who are detained for "security reasons", with increasing participation in school boycotts, bus boycotts, political riots and in anti-apartheid organizations. In 1980, 95 males and 32 females under the age of 18 were detained in terms of the security laws. Twenty-six were charged. 159/ In May 1980, the Minister of prisons stated that 14 children under 18 were on Robben Island; 160/ six for crimes against the State and eight for other crimes. 161/ In 1982, the Government finally responded to the Rabie Commission of Inquiry into Security Legislation by implementing its recommendations to ameliorate the effects of the "security laws". As a result, the Internal Security Act 74 of 1982 was enacted to consolidate the then existing security laws 162/ and to include certain procedural safeguards to protect detainees. This Act deals with "terrorism", "subversion", "sabotage" and "communism". 163/ A person may be detained indefinitely for interrogation if suspected of involvement in "terrorist" activities. 164/ Section 6 of the former Terrorism Act, which attracted the most criticism of all the security laws, is thus retained. The new safeguards provide for: visits by a magistrate or a district surgeon; ministerial approval of detention for more than 30 days; and a review mechanism that only operates after a detainee has been held for six months. There is no further review if rejected. Only the Commissioner of Police may authorize visitors other than State officials.

- 25 - Witnesses to "serious political" offences may be detained until the close of proceedings, or for six months if no proceedings are instituted. 165/ No court may order the release of any witness detained in this manner. 166/ A committee appointed by the State President on the recommendation of the Minister of Justice must review all preventive detentions and banning orders. 167/ The detainee may make representations to the committee, but if the Minister's action is endorsed, a subsequent review occurs six months later in respect of preventive detention, and one year later in respect of banning orders. Should the committee find against the order, the Minister is not bound by its findings. He can refer the papers to the Chief of Justice who may only set aside the Minister's order if he is found to have exceeded his powers, to have acted in bad faith, or to have based his decision on incorrect evidence. 168/ In general, these changes are relevant only to the trial stage but not the pre-trial stage which has been the cause of concern in security cases. The re-introduction of alternative sentences for juveniles is ineffective unless the child is brought to trial. Many detainees are never charged. Professor Dugard of the University of the Witwatersrand points out that in any event most of these precautions existed to some extent in the previous laws. 169/ Despite improvements contained in the new legislation, he questions the degree of protection given to detainees. 170/ Since this law fails to guarantee adequately the protection of detainees physically, mentally or legally from the State, the potential consequences for child political offenders are disturbing. PRISON CONDITIONS FOR CHILDREN This section contains general information on prison conditions since juveniles, either unconvicted or sentenced, receive basically the same treatment as adults. All provisions in the Prisons Act relating specifically to juveniles have already been discussed above. Information from the Prisons Service and an article on prison gangs also give an indication of present prison conditions in South Africa. The Prisons Act 8 of 1959 and Consolidated Prison Regulations Prisons in general The courts have not defined the enforceable rights of prisoners as opposed to "privaleges and indulgences" which depend upon the discretion of the Commissioner of Prisons. 171/ Privileges may be withdrawn without furnishing any reasons therefore or without a hearing. 172/ Privileges also vary according to the Prisons Services' classification of a prisoner.

- 26 In the controversial case of Goldberg vs Minister of Prisons, 173/ the court gave examples of basic rights or necessaries which included food, clothing, accommodation and medical aid. 174/ The court, however, did not answer the question as to whether the Act and regulations generally conferred rights upon prisoners enforceable in a court of law. Critics of the judgement have preferred the dissenting judgement of Corbett J. A. who believed: "that fundamentally, a convicted and sentenced prisoner retains all the basic rights and liberties (using the word in its Hohfeldien sense) of an ordinary citizen except those taken away from him by law, expressly or by implication, or those necessarily inconsistent with the circumstances in which he, as a prisoner, is placed". 175/ In Mandela vs Minister of Prisons, the Appellate Division held that: "on principle, a basic right must survive incarceration except in so far as it is attenuated by legislation, either expressly or by necessary implication and the necessary consequences of incarceration". 176/ A copy of the Prisons Act must be given to each prisoner and explained if he/she is illiterate. 177/ Prisoners may apply to court for orders against prison officials relating to their conditions in prison 178/ and obtain relief if rights are clearly involved. Any civil action by a prisoner against the State for an act/ommission under the Act must be instituted within six months of his/her release. 179/ The head of each prison must see each prisoner daily and attend to any complaints or requests made by the prisoner. 180/ It is submitted that an unassisted child would be ignorant of the procedure to apply to court for relief and would be unlikely to turn to any prison officials for assistance. Prisoners may pursue their religious interests and chaplains may visit prisons. 181/ The Prisons Service may permit prisoners to study and to use prison library facilities 182/ but these are not legally enforceable rights. 183/ Access to books and periodicals from outside sources 184/ is also only a privilege. 185/ The prisoner's relationship with family and friends is considered an important part of the rehabilitative objective and it is encouraged. 186/ A prisoner's next of kin must be informed of his/her reception or transfer. 187/ Family must also be informed of a prisoner's illness, death, certification as mentally ill or any accident involving him/her. 188/ Prisoners have a right to medical aid. 189/ Hospitals and trained staff at each prison provide medical attention. Provision is made for visits by medical doctors and inspections by medical and health officers. 190/ A prisoner must consent to any operation and if this is impossible, the consent of a medical officer is necessary. Washing, bathing, shaving and toilet facilities must be available to each prisoner. Prisoners must also comply with rules relating to shaving and haircuts. 191/

- 27 - Cells comply with the minimum standards stipulated for floor space, cubic capacity, lighting, ventilation and general health requirements before they may be used for sleeping. 192/ Single cells should accommodate only one prisoner but may take a maximum of three if necessary. 193/ Exercise time depends upon physical condition and age 194/ but should last for an hour in the open air. 195/ The Commissioner may reduce exercise time to 30 minutes per day for special reasons which should relate to the exercise and not be a form of punishment. 196/ Prison food must have a certain nutritional value determined by a prescribed diet scale. 197/ It is alleged that the diet scale used depends upon the race of the prisoner. 198/ There should be a reasonable variety of well-prepared food. 199/ Drinking water and uncooked food are subject to regular inspections by a medical officer. 200/ Prisoners are to be given a complete outfit of clothing for their term of imprisonment. Clothes should be sufficiently warm and satisfy the necessary hygiene requirements. 201/ A prisoner has a basic right to legal representation but the exercise of this right is subject to the Commissioner's permission and the conditions he may impose, 202/ such as, for example, proof fo the lawyer's identity) consultations within certain hours; consultations conducted within sight of a prison official; and restriction of the interview to the particular proceeiirgs or court action. 203/ The Commissioner may deny a lawyer access to a prisoner altogether in certain circumstances. 204/ Prisoners may be tried and punished for contraventions of the Act or regulations. 205/ Punishments may entail the deprivation of one or more meals 206/ on any one day, corporal punishment of a maximum of six strokes for males under the age of 40, 207/ solitary confinement for a period up to 30 days, 208/ or a combination of solitary confinement together with periods of reduced, spare and full diets. Prison Service officials may reprimand or deprive prisoners of one or two meals without a hearing. 209/ Sentences of corporal punishment of more than three months' imprisonment are reviewed 210/ by the Supreme Court, but other cases are only referred to the Commissioner for review if he so requests. 211/ These punishments are not excluded for juveniles. In S. vs Diedericks, 212/ the court held that t juvenile should not be given a punishment which might affect his helath, such as a spare diet or solitary confinement, unless there was an element of viciousness or cruelty in the offence. The Prisons Service has been criticized for keeping convicted prisoners in isolation for long periods as a form of punishment. 213/ Release boards 214/ appointed by the Minister of Justice, make recommendations 215/ on the release and conditions of release of all prisoners serving terms of two years or more. 216/ Reports on prisoners are submitted to the board by institutional committees. 217/ The release board also considers any remarks made by the sentencing court. 218/ An advisory release board 219/ provides further assistance and advice to the Minister of Justice.

- 28 - A remission of sentence may also be granted to prisoners, 220/ including those detained for less than two years. 221/ The Commissioner generally has the discretion 222/ as to whether or not to grant a remission of sentence. No remission may be granted in respect of a sentence imposed for the contravention of the Prisons Act or regulations. 223/ Prisoners are medically examined before their release, 224/ have all their private property returned to them 225/ and train tickets and sufficient food may be provided for the journey home. 226/ Unconvicted prisoners The Prisons Act and regulations in general apply to unconvicted prisoners as well. The Supreme Court, in Cassiem and Another vs Commanding Officer, Victor Verster Prison and Others 227/ held that the application of the Act may not interfere with their "personal rights and personal dignity not temporarily taken by law, or necessarily inconsistent with the circumstances in which they had been placed". The Court went on to say that although the rights granted to unconvicted prisoners by the Prisons Act 228/ could be regulated by the Commissioner, they were not privileges and indulgencies that could be withdrawn in terms of Section 22(2) of the Prisons Act. 229/ Unconvicted prisoners may, subject to restrictions, write and receive letters, have visitors, 230/ and receive food, unfermented drink and certain other articles from outside the prison. 231/ Prisoners awaiting trial need not wear prison clother, 232/ and the food they receive depends upon their race and sex group. 233/ Dangerous weapons and other prohibited articles may be removed from unconvicted prisoners. 234/ They may request or permit their personal effects and valuables to be kept by the specified prison authority. 235/ Different categories of unconvicted prisoners must be separated from each other and from convicted prisoners. 236/ An unconvicted prisoner may not sell or transfer (or attempt to do so) any article which he/she has brought to prison for his/her own use, unless given permission to do so. 237/ He/she may purchase stationery and approved reading material from outside sources, but this privilege may be withdrawn if necessary. 238/ Provision is made for prisoners awaiting trial to comply with bail conditions 239/ and to prepare their defence. 240/ All regulations concerning unconvicted prisoners also extend to detainees imprisoned for certain conduct in terms of security legislation. 241/ The Prisons Service In response to questions tabled in Parliament concerning prison facilities for children, 242/ the Minister of Justice stated that apart from the provisions requiring children to be kept separately from adults, the conditions in prison for both unconvicted and sentenced juveniles are basically the same as those for adults. However, the Minister explained that young children who are admitted with their mothers to prison, have the use of special facilities which are provided at all larger female prisons. According to the Minister, the facilities include separate dining rooms and special

- 29 - nursery rooms where the children are kept constructively busy under adult supervision. The children are allegedly not separated from their mothers at night, and there are special cells for female prisoners who have children with them. The Minister further added that since these children are not "incarcerated" as such, they could at any time be placed suitably elsewhere, depending upon their physical and emotional dependence on their mother. In September 1983, a journalist for the (Johannesburg) Sunday Times asked the Prisons Service for information relating to facilities for juveniles in prison. The Prisons Service replied that long-term prisoners are under the direction and supervision of a prison's Institutional Committee which consists of members of the Prisons Service and is chaired by the head of the prison concerned. This Committee is assisted by a team of control personnel responsible for the safe custody and discipline of the prisoner, agricultural, building and workshop personnel who train the individual in various trades, clinical psychologists, social workers, educationists and religious workers. Social workers play an important role in helping the prisoner to function in society, preparing him/her for release and ensuring subsequent care after release or during parole. Clinical psychologists treat deviant behaviour in the prisons and two hospitals have been built for certified psychopathic offenders. Literacy courses are held and prisoners are encouraged to study by correspondence. Where possible, qualified staff members provided classroom instruction up to matric level in certain subjects. Reading material is generally available if possible. Some prisons have library facilities. All sentenced prisoners receive some form of training or are engaged in unskilled labour projects. A certain amount of vocational training is provided and trade tests are given by the Department of Manpower. Specialized training is also mentioned but no details are given. Depending upon the institution, various sporting activities and recreational facilities are provided. Some of the larger prisons provide radios in cells and educational films are shown regularly if facilities exist. 243/ It must be noted that these provisions apply only to long-term prisoners, i.e. those sentenced to terms of imprisonment of more than two years. They are not provided for unconvicted juveniles nor for short-term offenders. A study of prison statistics implies that despite the Prisons Service's intentions, many of these services cannot adequately be provided to each long-term prisoner. Due to the high number of offenders imprisoned each year, South African prisons are overcrowded. During 1981, prison overcrowding ranged from 4 per cent to 309 per cent 244/ despite representations made to authorities to reduce the number of prisoners detained for technical and petty offences or of those who were awaiting trial. - 30 - According to the Annual Report of the Department of Justice for the period from 1 July 1981 to 30 June 1982, there were 49,937 long-term prisoners (serving more than two years) on 30 June 1982. 245/ The same report indicated that the Prisons Service had positions for 161 social workers, 29 psychologists, 4 educationists, 3 psychiatric nurses and 366 clinical nurses to provide the services described above. 246/ Not all these positions were filled, as the Prisons Service suffers from a high staff turnover and a shortage of personnel. The Prisons Service stated that it provides training to prisoners as a form of rehabilitation. On 30 June 1982, 2,508 prisoners were being trained in various vocations; 13 women were being trained as hairdressers and 538 as machine operators. A few received specialized training. 247/ Prisoners are also used in the Prison Service's agricultural pursuits. Of the 697 prisoners who registered for education courses (both school and university courses), 39 passed their exams. 248/ One thousand eight hundred and eighty-five prisoners participated in literacy programmes and 315 completed the courses successfully. 249/ A small percentage of prisoners is therefore engaged in training schemes and education services. No indication has been given of the number of juvenile prisoners that participate in these programmes, but there are probably few, if any, since most young offenders are not long-term prisoners. Prison gangs Juveniles sent to prison are introduced to prison gangs whether it be in the cells with awaiting-trial inmates or as sentenced prisoners. No evaluation has been made of the long-term effect upon a juvenile of life confined to a cell dominated by violent and ruthless gangs. 250/ In a study on prison gangs 251/ based on evidence given in trials of gang members, Haysom provides a vivid account of their structure and operations within prisons throughout South Africa. Haysom explains that prison gangs are not mere extensions of street gangs, but that they rather developed as a response to the prison sub-culture and the hardships of prison life. 252/ Each gang has a hierarchical quasi-military structure with each member being assigned a particular rank and specific duties. Members adhere to a rigid disciplinary code with set forms of punishment. Should a member break the gang's rules, the "Circle" will "try" him and determine his sentence which could be death. The prison gang sub-culture makes the cells a frightening environment for all prisoners, gang members and non-members alike. Due to the very nature of prisons 253/ - large numbers of male prisoners, overcrowding, isolation from family, boredom and powerlessness - there is intense competition and rivalry between different gangs and within gangs themselves as members fight for extras, such as food, tobacco, dagga 254/ or sex. Assault, stabbings, theft and homosexual rape are commonplace within prison gangs.

- 31 - Gang punishments are violent and brutal. Between 1974 and 1978, there were 41 gang murders in the Western Cape alone. 255/ A prisoner marked for punishment may not know he is to be punished, the method of punishment, when it will occur, or by what weapon. Fear of revenge and months of nerve-racking tension cause suicides, refusals to be state witnesses, pleas of guilty to murder, in fact anything to escape punishment by a gang. While membership of a prison gang is theoretically voluntary, the gangs have tremendous power within a cell from which there is no escape. A non-member thrown into a cell of prison gangsters faces a powerful, organized and violent opponent. Prison officials claim that they try to keep members and non-members separated, but they have also admitted that they can no longer guarantee the protection of prisoners from gangs. 256/ In 1984, two further, widely divergent views of life in South African prisons became available. In his autobiographical account of his prison experiences, the Afrikaans poet, Breyten Breytenbach describes the prison gang structure in some detail. 257/ He gives accounts of gang murders, rapes and even cannibalism. He poses the crucial question: "Why do the authorities 'allow' these gangs to exist?" 258/ In an official report on a series on incidents in which a number of prisoners were killed at Barberton maximum security prison, it was confirmed not only that prison gangs played a major part in an attempted mass escape but that gangs activities take place in almost all prisons. 259/ It could be argued that both the publication of Breytenbach's book and the official report are evidence of a more open policy towards the release of information on the part of the authorities. However, in our opinion, both publications demonstrate in their very different ways that adult prisons are unsuitable for the detention of children.

- 32 - ANNEX I Report on visit to Pollsmoor Prison, Cape Town and Victor Verster Prison Command on 28 and 29 May 1984 by Professor D. van Zyl Smit A. Introduction On 28 and 29 May 1984, I visited two prison complexes as a guest of the South African Prison Service. On 28 May 1984, I was accompanied by my colleagues Professor E. J. Whitaker Q.C., Dean of the Faculty of Law of the University of Cape Town and Mr. W. Schirf, Research Fellow at the Institute of Criminology, University of Cape Town. On 29 May 1984, I was accompanied only by Mr. Schirf. The visits were of a general nature but followed a request from me to the authorities to be allowed to visit prisons near Cape Town as part of the Children in Prison Project. The visits were organized by Brigadier H. J. Botha, Chief Liaison Officer of the Prisons Service, who accompanied us on both days. He was aware of our interest in children detained in adult facilities. At the start of our visit, he provided us with a copy of the report sent to Defence for Children International. He also provided us with additional statistical information on the children detained both nationally and in Pollsmoor prison, the prison that we visited on 28 May 1984. Both Brig. Botha and Brig. Munro, the Officer Commanding Pollsmoor prison complex, were friendly and helpful and assured us that the visit was "open" in the sense that we could see what we wished. 'Pollsmoor' is the overall name for the complex of prisons that group together prisoners according to sex and racial classification. It is situated south of Cape Town and serves the metropolitan area. B. The maximum security block (Pollsmoor) All the male children in the prison complex other than the infants (see below) and white juveniles are housed in the larger maximum security block in which all black prisoners awaiting trial and certain categories of sentenced black prisoners are detained. According to the figures provided, there must have been 186 juveniles in this block on 22 May 1984 and approximately the same number on our visit six days later. The maximum security block is a multi-storey, relatively modern building of fortress-like exterior. It houses approximately 2,000 prisoners in all. It seemed to be very secure but there were no armed guards on the inside. It did not appear to be a fire risk. The building was spotlessly clean both inside and out. We visited both sentenced male juveniles and those awaiting trial in the main security block.

- 33 - The whole prison seemed to have been thoroughly alerted for our visit. Prisoners in the maximum security section, both adult and juvenile, were all standing to attention next to their neatly folded mats and blankets. Each prisoner held his record card in front of him for our convenience. As our party entered each cell, we were treated to a well-rehearsed greeting by all the prisoners speaking in unison. Occasionally, when Brig. Munro (the officer commanding) asked the prisoners whether everything was fine, he was equally treated to what seemed to be a unanimous, enthusiastic, affirmative response. Sentenced juveniles (black males) We were informed that sentenced juveniles are detained at Pollsmoor only either pending trial on further charges or while they were undergoing psychological testing before classified and transferred to outlying prisons. We were told that these tests were standard psychological tests but we were not allowed to see examples of them. Sentenced juveniles are housed in communal cells, approximately twenty-five per cell. They wear prison uniforms. They sleep on the floor on matresses approximately 1 1/2 cm thick. Each juvenile has four blankets. In each cell there is a toilet and a washbasin. Most of the prisoners in the cell at which we stopped to speak to the inmates had been sentenced directly to prison by the courts but a few had transferred to the adult prison from a reformatory. Transfer is permitted by s 74 of the Prisons Act 8 of 1959, of a juvenile "who is the type of person not amenable to training in a reformatory". I selected at random two prisoners aged sixteen and fifteen to see their criminal records. These particular individuals were serving sentences of six and four months for housebreaking and theft respectively. One of the two had three previous convictions for which he had been sentenced to corporal punishment (a juvenile whipping in respect of s 294 of the Criminal Procedure Act 51 of 1977) on each occasion. (Obviously I do not know how typical these records were.) As far as recreation facilities are concerned, sentenced juveniles exercise twice a day for half an hour in a large bleak prison yard. In this (as in all other stages of their detention) they are separated from adult prisoners. In the cell they had a kerrim board (a form of snooker) and dominoes. Library books were also on display above each juvenile's locker. The books were surprizingly advanced for juveniles from deprived backgrounds. We inquired about education level. Most of the juveniles had approximately six years of schooling. Unsentenced juveniles (black males) Unsentenced black male juveniles are also detained in a separate section of the maximum security prison at Pollsmoor. In general, their conditions of detention are similar to those of the sentenced juveniles. These juveniles are segregated from all adult prisoners and from sentenced juveniles. They too are detained in large communal cells. However, they do not wear prison uniforms except where their clothes are inadequate.

- 34 - It should be noted that unsentenced juveniles may not be detained in an "adult" prison only if a court orders their detention in custody. 260/ We managed to visit most of the cells containing prisoners in this category. The number and age spread appeared to be similar to that set out in Table II. Professor Whitaker noticed that two of the youngest prisoners, one aged eleven and one aged thirteen had been remanded in prison for a month. He drew this to the attention of the two Brigadiers (Botha and Munro) who were accompanying us. They expressed surprise and pointed out (correctly) that the matter was in the hands of the courts and not the prison authorities, but undertook nevertheless to draw the matter to the attention of the courts again. In the course of visiting this unsentenced group we were able to make a number of further observations. The authorities have attempted to separate juveniles according to their gang allegiances. Therefore, when asked, inmates would freely admit to being members of, for example, the "Born Free Kids" or the "Cape Town Scorpions", the two largest gangs in the Cape Town community. Only in one (relatively empty) cell were there inmates who claimed to belong to no gang. Within each cell, juveniles varied widely in age and place of origin. We estimated that the average cell in which juveniles awaiting trial were housed was 7 x 6 metres and housed 25 inmates sleeping on the floor. (Slightly larger adult cells in the same complex contained up to 40 prisoners awaiting trial.) Juveniles awaiting trial do not receive any education. We asked about individual attainments at school and found that the majority of inmates had reached a level which means that they ought to be liberate in a rather rudimentary way. C. The women's prison (Pollsmoor) In this part of Pollsmoor complex, which houses both sentenced and unsentenced women of all races (although blacks and whites are in separate wings), we observed two groups of relevance. Unsentenced juveniles (black females) We saw a single dormitory type cell in which four unsentenced black females were held. The cell was spacious and the occupants had beds. In other respects, the rigime appeared to be similar to that of unsentenced males. Sentenced mothers with infants (black) We were shown a large cell inhabited by mothers with infants. The mothers in this cell, approximately twenty, were (we were told) serving short sentences relating to illegal "squatting" and contravention of the influx control legislation that constricts the movement of blacks into the Western Cape. The cell in which they were delivered resembled the others in the Woman's Prison with bunk beds. Shortly after we entered their cell, the mothers began to complain about the conditions of their detention. In particular, a spokesperson complained that the food was inadequate and that bottles were not available at night for the infants. Both complaints were denied by the two Brigadiers who were present throughout. One of the prisoners produced a plate of food from under a bed. It had been served as a

- 35 - midday meal shortly before. It did not seem to be "inedible" and consisted, as I recall, of a mixture of mince and tomato, sweet potato and rice. It should be noted that the prison officers commented that there were "differences of taste" and admitted that the various racial groups receive different rations. D. Victor Verster prison command In the course of our visit to Pollsmoor we expressed a keen interest in visiting a prison where juveniles are sent after having been psychologically assessed in Pollsmoor. Accordingly, on 29 May 1984, Mr. Sch~rf and I were taken to see an outstation of the Victor Verster prison command. The outstation was a government experimental farm called "Bien Donne", approximately sixty kilometres from Cape Town. It was clearly a model prison housing Category A group prisoners. In practice, though, their age ranged from 18 to 23 and they only fell marginally within the scope of this report. The prisoners at this outstation worked on the experimental farm as labourers. They were well housed, adequately fed and appeared generally to be held in more comfortable conditions than those in Pollsmoor. However, their educational qualifications varied widely and it was difficult to determine why this particular group had been classified as category A or why the form of labour that they were doing was deemed to be an ideal r4gime for them. These rather superficial observations cannot be regarded as offering even an example of juveniles detained in prisons outside the Pollsmoor complex. E. General Our visit reflects an apparent change of policy on the part of the South African prison authorities towards "outside" visitors. This change is to be welcomed unreservedly. We were treated courteously and allowed to question inmates freely. This took place in the presence of the prison officials. With the exception of the mothers with infants, we did not hear any complaints, but this might have been because of the relatively formal way in which the visit was organized. We as visitors made no specific requests in this regard. On the positive side, I was particularly impressed with the high standard of hygiene and general standard of neatness of the staff. However, on the negative side, one must not lose sight of the fact that relatively large numbers of juveniles are being detained in bleak prisons designed for adults and run on the lines of an adult prison. There is little scope for rehabilitative activity of any kind and much opportunity for negative and even dangerous interactions with older juveniles. F. Conclusion In my view, every effort should be made to ensure that it is not "necessary" to detain in particular unsentenced juveniles in facilities such as the maximum security block at pollsmoor. I have also been fortified by the visits in my opinion that courts should not continue to sentence juveniles to terms of "adult" imprisonment.

- 36 - TABLE I INFANTS AT POLLSMOOR PRISON ON 22 MAY 1984 Age Coloured Black Total MIFIMF - 3 months - 6 months - 9 months - 1 year year 0 months year 4 months year 7 months year 10 months years 0 months years 4 months years 7 months years 10 months years 0 months years 4 months years 7 months - I year 3 1 year 6 1 year 9 2 years 2 years 2 2 years E 2 years 9 - 3 years 3 years 3 3 years 6 months months months I months months months months mon ths years 9 months 3 years 10 months - 4 years 1 1 1 1 0 6 111-11T1 1712

- 37 - TABLE II JUVENILES UNDER THE AGE OF 18 YEARS AT POLLSMOOR PRISON ON 22 MAY 1984 Sentenced juveniles Offence Economic Violence Other: a) Possession of drugs b) Traffic offences C) Passolaws White Coloured African Total - *1 - L 10 I11 4 2 543 Age Categories 16-17 yearu 16-17 years 15 years 17 years 16-17 years Unsentenced juveniles * 11 : 1 12 1 13 1 14 8 15 : 2716 : 5017 : 54

- 38 - ANNEX II Interviews All those interviewed were assured that their identity would not be revealed and all names are fictitious. Interviews with mothers Interviews were held with eight women who had been arrested and subsequently convicted for "pass laws" and influx control violations. The women's ages ranged from 16 to 37 years old. At least two had been in prison more than once with the same children and several had paid fines of up to R85.00 in addition to serving time in prison. Between them, 11 children between the ages of one week and four years old had accompanied their mothers to gaol. Prison terms ranged between one week and four months. All the women were Africans and lived in one of Cape Town's "squatter" communities. They were all Xhosa- speaking and an interpreter assisted with most of the interviews. The interviews were held in two makeshift shelters at Crossroads. Here is Irene's account of the conditions in prison: I am 28 years old and was arrested in 1981 and 1982 because I do not have a pass to live in Cape Town. I was convicted in the Commissioner's Court. In 1981, I spent five weeks in prison and in 1982 I spent four weeks in prison and also paid a fine of R80. Both times that I was arrested, two of my three children accompanied me to gaol. The third child stayed with friends. The last time I went to prison in 1982, my children were about four years old and two years old and neither was breastfed. When the police arrested me, I was given no choice as to what to do with my children. I was never taken to the Aid Centre or given any advice by anyone. Both children were ill when I went to prison. They were vomiting and had diarrhea. I was allowed to take them to the prison hospital where I saw a nurse who gave me some medicine. It was not the right medicine for their problems. I saw no doctor. There were many of us in the cell - about 30 to 40. There were no benches in the cell, and we were each given a mat and two blankets for sleeping. We slept on the mat on the cold cement floor as there were no beds. During the day, we had to work in the prisons. We had to clean our own cell, then scrub the floors and walls and clean windows in the rest of the prison. The children stayed with us all the time. When I was busy cleaning floors and walls, I would tie the baby on my back and the older one would just stand next to me. Neither we nor the children ever went outside for exercise. We spent all those weeks either inside our cell or working inside the prison. The children were never supervised by anyone else nor did they ever spend time outside the prison with family or friends.

- 39 - There were no toys or books for the children in our cell. I had no visitors while in prison and received no food from outside. The wardens confiscated the food which I took with me to prison. I do not think friends were allowed to bring food or clothing. I was given no change of clothing either for myself or for the children apart from one diaper for the baby which I had to give back when I left. Early in the morning, at about 5 o'clock, we were woken up and allowed to go to the bathrooms to wash. We had a short time to wash ourselves, the babies and our clothes. There was hot water. We always had to hurry because there were lots of people. We would fasten blankets with a safety-pin around us while we washed our clothes and withed for them to dry. We had to hang them on the windows in our cells or spread them over the mats on the floor to dry. We were given no special food for the babies. Children received the same food as us. In the mornings we had mealie meal 261/ , skim milk, a little bread and black coffee with no sugar. At lunch time, we ate mealie rice, usually with a little meat. We had vegetables once a week and no fruit at all. In the evenings, we had porridge, mealie meal, coffee and a slice of dry bread though sometimes it was spread with fat. All our wardens were women. They were not very nice to us but they never harmed the children. There were also a few prisoners awaiting trial in our cell, but they gave us no trouble and were nice to the children. I think the time in prison was hard for the children. The baby had bronchitis by the time I was released. We received far too little food and I needed special baby food like lactogen or nestum for the baby. I also needed more clothes for all of us and diapers for the baby. If we asked for more food, it was refused. We also needed more blankets." The other women had much the same experiences. One woman's husband was arrested with her and they were forced to leave their other four children behind. Luckily, a friend found them and cared for her children while she was in prison, but for those two months she did not know what had become of them. Two women went to prison with young twins. One of these women, Monica, insisted to the prison authorities that one of her babies was ill. Eventually the child was admitted to a city hospital with measles and she returned to prison. The second baby was subsequently sent to the hospital with suspected measles, but was transferred to another hospital with a lung complication presumed to be due to the effects of teargas. 262/ Monica was most distressed that she was never informed by the prison authorities of the second baby's transfer. Her husband discovered the transfer when he went to visit them.

- 40 - Financially, it was difficult for him to travel to both hospitals to visit the babies. Several women alleged-that they were given the wrong medication in the prison hospitals. One girl was a 16-year-old mother imprisoned for four months with a one-week-old baby. She was in a cell with other female offenders and not in a juvenile cell, though this was possibly preferable in this situation as she was with friends who had been arrested with her. One group denied they were given extra food rations for their children. All the women intimated that they would have preferred to have arranged for their children to stay with family or friends as they felt it was cruel for children to be kept in such conditions. When questioned further, they admitted that if they were given special facilities for the children, good food, blankets, a change of clothes and decent facilities, they would choose to have their young children with them in prison. Interviews with children Thirteen children were interviewed. At the time of arrest and detention, their ages ranged from 13 to 19. All were black. Eight were detained as awaiting-trial accused, one was sentenced to six months imprisonment and four were detained in terms of security legislation. Only one was female. All of these children were initially detained in police cells but six also spent time in prison. Since the backgrounds of the children and the conditions of imprisonment are different between those detained in terms of security laws and juvenile criminal offenders, their experiences will be related separately. Interviews were conducted in either Afrikaans or English. Juvenile criminal offenders The nine children arrested for alleged criminal offences were from poor and emotionally deprived homes. One boy had no idea where his family was though he thought his mother was somewhere in Cape Town. He had been placed in a children's home at the age of six and spent the rest of his life moving to places of detention, a reformatory and finally to prison for the alleged theft of a bicycle. Two lived with both parents, two with one parent, one with a grandmother, one with adoptive parents and three were vagrants. Of the nine, five were arrested for housebreaking and four for theft. The following account was given by Peter, a 14- year-old boy who lives in one of South Africa's poorer "Coloured" townships. "I have been caught many times by the police. The last time I was caught for housebreaking and I spent three weeks in the police cells waiting to be taken to court. Once before I was given a summons to appear in court which I did. My parents were not told of my arrest until after the case started, but the police knew me well and they knew where I lived and who my parents were. I live with my adoptive parents and have done so since I was a baby. Of my natural parents, only my mother is still alive and she also lives here in the township. There are 12 people in my adoptive family's house. I don't go to school because I don't like school. I want to find a job.

- 41 - When I appeared in court, the magistrate did not listen to my story. I did not say everything I wanted to. I did not have a lawyer and none of my family was present. I was found guilty and given four lashes with a light cane. I then went back home. I was kept in the juvenile cell. There were usually six of us and all were juveniles. I had friends amongst the others in the cells and also some I did not like. Some of the older juveniles were worse to us than the adults. If you fight with someone, then they call you "the enemy" and they rob you. I had nothing for them to steal from me and I stank very badly. The most difficult thing about the cell for me was just sitting there all day. The cell was dark and there was no fresh air. They washed the floors with Jeyes fluid 263/ which made the place stink. That smell was terrible. There were also gangsters in the cell and they often fought. Sex was often forced on you and you had to obey, especially if that person was a member of one of the powerful gangs. The police hit us often to make us give a statement. Every day they asked for statements and at night they would inspect the cell and wake us up if we were sleeping. When we were taken to court in the police van and while we sat "in die gat" 264/ (the cell beneath the court) waiting to appear, we were thrown in with all the other criminals, adults too, and that's when they tried to rob, assault and rape us. When I was fed, my food was placed on a piece of paper. There were no plates or cups. Food was dry bread, water, watery soup and "katkop" 265/ which is a large, square chunk of bread. I did not get coffee. I had no visitors while in the cells." The other children told of much the same conditions. Some faired better and others worse. Dennis, 17 years old, was arrested as a suspected car thief and kept in police cells for three weeks awaiting trial. He had never been to prison before and alleged that the police told him they could release him on bail but did not want to. He was in a cell with about seven adult men and another 16-year-old youth. He did not like the "boss" of the cell and when he refused their sexual advances, he was told "they would make a woman of me". He was regularly assaulted by the other inmates and the last thing he remembers was being hit over the head several times with a broom. He was then apparently raped and later found himself in a hospital. He is now physically and mentally disabled. A private public interest law firm has instituted legal action against the Minister of Police for damages on his behalf. His case was referred to the firm via a community advice centre. Four of the children said they were held in juvenile cells and adults were kept separately, but they all met adults on their way to court or in the cell beneath the court as described above. Only two said they had not been assaulted at all by fellow prisoners; one had occasionally shared his cell

- 42 - with a few other minors and the other had been kept in an all-juvenile prison cell though he said others were assaulted and participated in sexual activities. Philip, who was sentenced to prison, said that he shared a cell with about 50 others. Most were gangsters and there was a lot of fighting and violence. He alleged that sex was forced on many people and that one was really forced to join a gang. All alleged that they had been assaulted by the police. Some alleged they were beaten with batons and canes or kicked. Frans, aged 15, said he admitted theft simply to stop the police from hitting him. The magistrate consequently held his statement inadmissible and acquitted him. Others told of "aeroplane-ry" when the police would put a wet nylon bag over their heads, keep it tight until they were almost suffocating and beat and kick them until they "squealed". They alleged that the police would then inform the other cellmates that one had squaled so that they would sodomize or assault the "squealer". They denied the police helped them if they asked to be moved to another cell. Peter said that on one occasion, the police had caught him and a friend, stripped them, put them into a cell and sprayed them down with a hose. He did not know why. Accounts of food varied slightly - some received porridge, coffee or a little meat (the unconvicted 13-year-old in prison) in addition to dry bread, water or soup. None saw any visitors and two boys' mothers brought food to the police cells for them. Three said their parents were informed of their arrest and trial and a fourth's parents were not at home when the police called to tell them. One 13-year-old said he thought the police would only tell parents just before the trial date so that they could get statements from them. Four mothers were present in court for the proceedings. No child was legally represented. One said a lawyer was too expensive and others implied a lawyer was unnecessary. Of six convicted, five received a whipping and one a six month's gaol term. The latter felt that he was sentenced to prison because he had already spent two years in a State school of industry. Political prisoners These four.children detained in terms of one or more security laws lived at home with their families before they were arrested and returned home after their release. Three of the four were charged, tried and acquitted while the fourth was detained without trial and never charged. Here is Amanda's account: "I was 17 years old when I was first arrested in terms of paragraph 22 of the General Law Amendment Act. This Act allows for 14 days detention after which I was held under paragraph 10 of the Internal Security Act. I spent a total of three months in detention and was held for another two and a half months the following year. I was at high school when I was first detained and so had to write the supplementary exams early the following year because I missed so much school. There was a widespread boycott of black schools at that time. I was on a committee which was steering the boycott. The authorities were trying to squash the boycotts and unrest.

- 43 - For the first two weeks, I was kept in police cells and kept in a solitary cell. There was a door in front of the grille so I could not see anyone else. My cell opened into a courtyard where there was a shower and basin. My door was left open all day and I showered once a day. There was a toilet in my cell. There was no bed in my cell and I slept on two mats and had three blankets. I think a few of the policeman felt sorry for me as a young girl. There were only policemen in charge of me but the security police would bring a policewomen when they came to interrogate me. When I was first arrested, the police told me I was being misled by other students and that I should tell the truth in a statement. I refused. About every three days, the security police would come to interrogate me. There would be six of them, all big men and they would question me in a small room which had brown paper pasted over the windows. They made me stand against a wall and they stood in a semi-circle in front of me. They shouted at me and told me I could not go home until I made a statement. One threatened to assault me for allegedly lying, but others stopped him. They made me stand for long periods, from about eight in the morning until four in the afternoon. On a Friday, the day before my two weeks expired, I finally made a statement. I just felt I could no longer stand the pressure of being in detention. It was a shocking experience for me as I was naive, immature and unaware of their different psychological tactics. However, I was not released. On the Saturday, they took me to prison. I continued to be kept in solitary confinement. My cell was about 10 x 6 feet and there was a bed, cupboard, basin and toilet in the cell. There was a high window above the bed but it could not open more than about an inch. There was also a high window into the passage and I could shout to the other detainees. Every morning I had 30 minutes outside as exercise time and there I would see the other women held under the same Act. We decided that we would be civil to our wardens, but not friendly. All the wardens were female. We complained about everything and the Captain did respond as much as possible. In the mornings, I received porridge, skim milk, coffee, brown bread and jam. At lunch time, I had pap 266/, salad and some meat. On Fridays we got roast chicken. For supper, I ate soup, four slices of bread with jam and tea. My parents were allowed to bring food, as long as it was sealed. A few weeks later, the other women were released. My friend and I decided to go on a hunger strike because they extended our detention for a further two months. We went on a 14-day strike. The wardens tried to get us to eat and they would leave one meal in the cell until they brought the next one. We usually saw a doctor once a week and then we refused. Our parents prepared a statement expressing their concern over our health and due to the publicity, a doctor came to see us every day. Because we refused to see him, he came to see us in the shower or bath.

- 44 - Sometime later, several young girls were brought in to be held as State witnesses for a case, so we were moved from our cells to the other side of the block. My friend and I saw them once on our way back from seeing our lawyer. They looked so young and frail and they were scared. They often cried and wanted to go home. They could not speak much English, so my friend spoke to them in Xhosa and they really were not politicized at all. We could shout to each other at night from our cells when the wardens were not around. We often left food for them in the toilets until we were caught. My friend always tried to comfort them. Occasionally we saw other female prisoners when they were cleaning passages or cells as we walked past. Some had babies on their backs. We were told not to speak to them. My parents visited me twice a week. I was told not to tell them about the prison. We were always separated by glass and talked through telephones. My parents organized a lawyer who visited us once we were in prison every Friday for an hour or two. He was a great comfort and very important to us. We both liked him very much and he helped us as much as he could. I received newspapers and books and was allowed to use the prison library. I could receive two letters a week and this was increased after the hunger strike. I could also write two a week. All my letters were censored. I also had my own radio in prison. The second time I was arrested, I spent the full two and a half months in police cells. The only people I saw were policemen and security police. They kept me awake for days and nights at a stretch. The longest period was three days and they threatened to assault me if I fell asleep. Sometimes I was allowed to sit and sometimes I had to stand. Sometimes they would not let me go to the toilet when I asked, and although they threatened to deny me food until I spoke, they did not actually do so for long. There was always a woman on duty at night. My parents have changed a lot since my detention. So many people visited them while I was in prison to give them support or just talk to them. My mother especially has become far more politically concerned and active".

- 45 - Of the other three youths, two were 15 years old and one was 17 at the time of arrest. They were held for approximately four months before they were charged in court when the case was postponed for another three months. They were all acquitted after almost three years in prison. Here is Simon's account: "I was 17 years old when I was arrested. I was first taken to police cells where I spent two weeks before I was transferred to prison. I lived with my parents at the time and was attending high school. At the police station, the police hit me on the back of my head with the back of a gun, punched me in the stomach and kicked me. I was badly hurt and my head still aches. I made a statement and denied being guilty so they assaulted me again. While in the police cells, I was kept alone and was given no change of clothes. They would not let me wash myself or my clothes. They gave me three or four mats and four dirty blankets full of lice. There was a bucket toilet in the cell which was full and stank. It was never emptied while I was there. The police always threatened me and told me to tell the truth. They would point a gun at me and allege I was 'the ringleader'. Generally, two policemen came at the time, but there were many different ones. A magistrate visited me once a week and I complained to him about the assaults. I was then called to an office where I told the 'judge' what happened. I even went to an identity parade and pointed out my assailants. They denied the assault and the judge believed them, so nothing happened. I never saw a doctor. I also complained about the food - pies, 'plastic' milk, soup and dry bread - but got no response. When I was moved to prison, I stayed in a single cell for three months. '6' was written above my door so I assumed that I was being held in terms of Section 6 of the Terrorism Act. More than three months later, I was brought to court and charged under various security laws. The case was remanded for another three months. I was finally acquitted when both my statements were held inadmissible. I was represented by an attorney whom I think my parents arranged. My mother was in court every day. I was never assaulted again while in prison. I was allowed to shower every morning. Sometimes the wardens hurried us to the bathrooms and stood watching us. A few times they used dogs to chase us. There was no privacy in the showers. I received no reading material and did not have a radio in my cell. I had 30 minutes for exercise once a day when I would see the other detainees held under Section 6. They were also kept in other sections of the prison. I think we were split up in groups of three. Once during those three months, my mother was allowed to visit me and bring me clean clothes. I was warned not to tell her of my treatment.

- 46 - Once we were charged, we were allowed visitors. They could see us for 30 minutes. Only African visitors were allowed and no students. My parents brought me food and the wardens sometimes took some if we had a lot. I asked for a copy of the prison regulations but never got them. I also asked for permission to study but this was refused. I received two letters during the entire time but I wrote many. I posted them or gave them to my parents in court. Once I complained about something and I was moved to a hot stuffy cell with no windows for a few weeks. At night, I felt as if I could not breathe in there. A few times all of us were put in a cell together, for example at Christmas time. Sometimes I saw some of the regular criminals in the showers, at the exercise time or in their cells. They treated each other very badly, especially the old prisoners. I saw them occasionally assaulting, stabbing and raping each other. One of my friends was put in a criminal cell as punishment. One of the other prisoners tried to get him to become a gangster. They gave him a knife and told him to stab another prisoner. He refused and after we complained, he was moved back. we only had to argue with the wardens to be punished. They also deprived us of food as punishment. Now that I have been released, I would like to return to school some day. By now, I have missed four years of schooling. My family is poor and starving. My mother is half blind and my parents suffered very much as a result of the trial. My sister is not very well and she lost several jobs because she came to visit me or bring me food in prison. Every day of the trial my mother was present in court". The other youths had a similar time in prison, though one (Jim) claims he was kept in solitary confinement in the police cells for four months before being transferred to prison. When he refused to make a statement, he alleges that the police took him to see a co-accused who was handcuffed to a chair and looked as though he had been beaten up. The friend implicated him at the police's insistence. He was also told by the police that he would hang if he did not tell the truth. The police urged him to be a State witness. During the first three months, he kept asking to see his parents. The police would say they were coming but they never did. He was allowed one shower a week and otherwise never left his cell. David alleges that he was assaulted by the police who held a panga to his throat and warned him to tell the truth. When they first got to prison, he claims they each asked for a bed which they got, but which was later removed because they were told that they were used to sleeping in "pipes and the bush". David had been doing very well at school at the time of his arrest but said he would not return to school now. He felt his future employment possibilities had been ruined as a result. He also felt his parents had suffered a great deal as a result of his detention and trial. His father had come to court each day and worked night shifts. His mother also works and suffers from diabetes. There are eight people in his family.

- 47 ANNEX III TRANSCRIPT OF PRISONS SERVICE TELEX 1983.9.23 8/2/1 FOR ATTENTION: CAS ST LEGER SUNDAY TIMES RE: YOUR QUESTION ABOUT JUVENILE PRISONERS 1. With reference to your telex and the persuing telephone conversation between yourself and Luit-Col Immelman on 83.9.20 the following information on supplied. 2. What provisions are made for rehabilitation, schooling and vocational training. From admission to release, each long-term prisoner is under the direction and supervision of the particular prison's institutional committee, which is appointed by the Commissioner of Prisons and is made up of selected members of the Prisons Service with the head of the prison as Chairman. The committee is assisted by: (a) Control and personnel, who are responsible for the safe custody of the prisoner, the basic application of sound discipline and the administration of the prison. (b) Agricultural, building and workshop personnel, who provide guidance and training on various levels. Artisan training could lead to the aquisition of trade certificate. (c) Clinical psychologist, social workers, educationists and religous workers. There is constant co-operation and interaction between the various members of the rehabilitation team who have as common aim the eventual rehabilitation of the prisoner. The warden who is in daily contact with the prisoner makes a continuous contribution to the treatment of the prisoner during his incarceration. The institutional committee also provides the central release board with a report on the prisoner when his release is being considered.

- 48 - Social work with prisoners The internal social worker works with the prisoner for the whole period of incarceration. Social work in prison aims at more efficacious social functioning. Mainly case and group work methods are employed. The social worker assists the prisoner to enter into and maintain acceptable inter-personal relationship and acts as a link between the prisoner and other people in their social interactions. As part of the team, the social worker plays an important role in preparing the prisoner for release: he also has to ensure that the prisoner receives the necessary after-care release, or during parole. The social worker acts as a link between the prisoner, the institutional committee, relevant government departments and outside social work organizations. These organizations provide important background information, are responsible for the care of the prisoners' dependents and the after-care service referred to above. Psychological treatment of the prisoner The South African Prisons Service has at its disposal a team of clinical psychologists who study and treat deviant behaviour in prison. The clinical psychologists' task is of a dual nature: (a) Diagnostic, that is the identification of the cause of deviant behaviour and treatment of the deviances with the aid of psychotherapy. (b) In accordance with the provisions of the South African Mental Health Act, 1973 (Act 18 of 1973), two hospital prisons for certified psychopathic offenders have thus far been instituted. The treatment of psychopaths is undertaken by full-time psychologists, social workers, educationists and psychiatric nurses. Psychiatrists of the Department of Health and Welfare visit the institutions weekly and spiritual care of the hospital prisons is co-ordinated by a full-time control chaplain. While the treatment of criminal psychopaths is a relatively new field in South Africa and these projects are still in their infancy, an encouraging degree of success has already been attained. Educational services The educationist in the prisons service performs a vital function to ensure that the prisoner is aptly educated and qualified to assume a normal, productive life after release. The service rendered to prisoners entails a number of aspects, for instance a literacy project for illiterate prisoners which is in operation at a large number of institutions. This project also includes a course in basic arithmetic and to date 6,649 prisoners have completed the course. Literate prisoners are encouraged to study through correspondence. Where possible, classroom instruction by suitable qualified staff members is given up to matric level in subjects like mathematics and physical science. All prisoners are allowed to study beyond matric should they have the necessary admission qualifications.

- 49 - Reading matter is made available where possible: this includes newspapers, magazines and books. Library facilities are usually provided in co- operation with Provincial Administrations and local authorities. The literature available to the prisoner consists of light reading as well as educational material. Training of prisoners All sentenced prisoners receive (a) vocational training (b) specialized training, or (c) perform constructive unskilled labour. (a) Vocational training Vocational training implies training by which a prisoner can obtain a diploma or certificate which enjoys national recognition. Male prisoners are for example, trained as bricklayers, plasterers, plumbers, tilers, toolmakers, and electricians. Female prisoners can qualify as hairdressers. After the completion of his vocational training, a prisoner takes a trade test which is conducted by the central body for vocational training (Department of Manpower). If a prisoner is successful, he is awarded a diploma on which it is not mentioned that his apprenticeship was completed whilst in prison. (b) Specialized training This implies training of a specialized nature in various fields, but there are no examinations and therefore certificates or diplomas cannot be obtained. - Principles regarding the treatment and training of sentenced prisoners are strictly applied. - Continuous and intensive instruction and regular discipline within the scope of the institutional treatment and training to which the prisoner has been assigned. - Personal advice and guidance by all members and temporary wardens directly or indirectly charged with the treatment and/or training of the prisoner, and the promotion of proper and healthy social contact and a good team with fellow- prisoners and all members and temporary wardens directly or indirectly concerned with the treatment and/or training of the prisoner.

- 50 - Sport and recreation Depending on the circumstances prevailing at each institution, ample provision is made for outdoor and indoor sport and recreation. Amongst others, depending on the availability of facilities, prisoners may take part in sport and recreational activities such as soccer, athletics, tennis, table tennis, badminton, cricket, boxing, wrestling, etc. There are also facilities for a large variety of activities such as snooker, darts, card games, board games, including chess, draughts, dominoes, etc. At some institutions, there are debating societies, bands, choirs, and so forth. Several prisons have drama and concert associations. Many of the larger prisons have equipment to relay radio broadcasts to the prisoner in his cell. Film shows, which include educational films, are regularly shown where facilities exist. Release of prisoners The release of all long-term prisoners, whether conditional or unconditional, is in the hands of the central release board. This board (which was established in terms of section 5 of the Prisons Act, 1959 (Act 8 of 1959, as amended) consists of a Chairman and as many official and non-official members as the Minister of Justice deems necessary. The official board members are permanent members of the Prison Service, whilst the non-official board members are people from the community who serve on the board full-time and who can as a result of their training and experience, make a valuable contribution when the release of prisoners is decided upon. Basically, the function of the release board is to reflect as objectively as possible on the release of prisoners. In the process, the interest of both the prisoner and the community is taken into consideration. With regard to the community, it is considered whether the demands of protection, deterrence and restraint have been realistically met. Concerning aspects like optimal rehabilitation and possible recidivism, the task of the release board with regard to the prisoner, is aptly summarized in the following: "We must ask ourselves what we will accomplish by further imprisonment. There comes a time in many cases when further imprisonment, unless it follows a real plan, can accomplish nothing. How to recognize a psychological moment and to take advantage of it, is one of our real problems." 267/ A release advisory board, under the chairmanship of an appeal judge and consisting of members of the judicature, senior officers of the South African Police and South African Prisons Service as well as two prominent social science academics, was recently established. This board advises the Minister of Justice with regard to general policy on the release of prisoners and with

- 51 regard to the granting of remission of sentence. The opportunity is thus created for authorities involved with the arrest and prosecution of offenders to have a say in their release. Prior to release, prisoners are helped to find employment in the field in which they have been trained. Upon release, they are granted any gratuity which they had saved during imprisonment and private cash which was being kept on their behalf is returned to them. Luit-Col. D.J. Immelman Senior Liaison Officer S A Prison Service END 8-8921 B SA 3-658 SA

-52- ANNEX IV QUESTIONS FOR MOTHERS 1. Name and Age: 2. Reason for imprisonment: 3. Which prison: 4. How long in prison: 5. Number of children: 6. How many went to prison: Ages: 7. Are any breastfed: 8. Were you taken to an Aid Centre First? If so, what advice were you given. Are you given any choice as to whether the children go with you or not? To which place of safety are children sent - visits afterwards? Phone calls allowed? 9. Were you given the choice as to whether your children accompanied you? 10. Were they healthy when they went to prison? 11. If ill, were they seen by a doctor or nurse? 12. If no, what was wrong? 13. Conditions: How many of you were there in a cell? 14. Were the children with you all the time? 15. Describe the child's daily routine? 16. Did you child change in any way? If so, in what way?

-53- 17. How often is the child's clothing changed? 18. Facilities for washing their clothes? 19. Different from what you would do at home? 20. Bathing facilities for child - where Hot waterdifferent from home 21. Other supervision available for children? 22. Can the child spend some time outside with family/friends? 23. Would you like it to? 24. How different is the child's life in prison with you than if you were both outside? 25. Does anyone hit or harm the child? 26. Food available - who decides what they get? 27. Different from what you give them? 28. Is special food available for babies? 29. Can relatives and friends bring food? 30. Does the child get enough sleep, food, exercise, fresh air, contact with other children and adults? 31. Toys and books available? 32. Did your child develop re walking, talking etc., as if you were not in prison?

ANNEX V QUESTIONS FOR CHILDREN 1. Name and Age: 2. Prison - How long Why 3. Where did you go when you left 4. With whon will you live 5. What will you do 6. Where are your parents - were they informed of your arrest 7. Size of family 8. When the Magistrate heard your case, (a) did he listen to your story (b) did you say everything you wanted to say (c) did you say anything you now wish you had not (d)didanyonehelpyou? who? were your parents there(e) do you feel his decision to sent you here was made before, during or after everything had been presented to the Magistrate 9. What was the most difficult thing about prison 10. Food - enough - what - when 11. Did you have any friends in prison 12. Some you did not like 13. Do you still keep in contact with them14. Were you punished - why - how - by whom 15. Was there fighting in prison - gangs 16. Sexual activity - participation - forced on you

-55- 17. Did they take anything away from you18. Did you get to know any adult prisoners - how? 19. Were you kept with adults or were children kept separately20. Is life the same for adults as for children 21. How do you know 22. Did you learn anything new 23. Does anyone visit you 24. How often 25. For how long, where 26. Do you receive letters From whom 27. Radio or TV

- 56 - ANNEX VI LIST OF WELFARE AGENCIES APPROACHED Several organizations concerned with children and/or offenders were approached for information on children in prisons. National Institute for Crime Prevention and Rehabilitation of Offenders (NICRO) A spokeswomen for NICRO said that they were aware of children held in prisons but that the organization dealt almost exclusively with male offenders referred to them. One of their social workers said that she knew of two female prisoners with babies in prison as the prison authorities had requested her to trace their families so that they could collect the babies. She was under the impression that they could only keep their children if they had no families to care for them. Child Welfare Society Child welfare agencies do not deal with juvenile offenders. The Cape Town branch has approached the authorities in connection with children taken to prison by their mothers as it was concerned about the welfare of small children of the "squatters" imprisoned or separated from their mothers at the time of arrest. The Society, however, does not have access to children in gaols. A spokeswoman said that it appeared that children awaiting trial were kept in police cells simply because alternative children's homes are often full, particularly the black homes. Some of the children that enter the Society's children's homes have previously been held in police cells. The Black Sash The Black Sash provides advice and assistance to Africans in connection with influx control and pass law regulations. This organization made representations to the authorities a few years ago about small children accompanying their mothers to gaols. The response was that children were adequately cared for in prison. The Black Sash in Cape Town keeps a daily record of cases heard at the Langa Commissioner's court and therefore has a record of the number of children that appear in court with their mothers. However, there is no record of many of the women who are convicted, paid fines or went to prison. Women's Movement for Peace Women for Peach have also approached the Western Cape Administration Board about conditions for children in prison. They are particularly involved with African women imprisoned in terms of pass law and influx control legislation.

- 57 - South African National Council for Child and Family Welfare When approached on the question of children in prisons, the Council replied that it has been in contact with the Department of Prisons with respect to their holding children in police cells where places of safety are available, and the general handling of black children by members of the police force. Recently, the Department of Prisons advised the Council that a comprehensive investigation was being conducted into this matter. After the 1976 riots, the Council stated that it took up the matter of detention of children with the Minister of Police. Regarding action involving children in terms of the Terrorism Act, the following answer was given: "1. Everything possible is done to avoid the arrest and consequent detainment of children under the age of 14. 2. As regards the group 14-18, every effort is made to ensure that they are not detained for unnecessarily long periods. 3. Detained children are not kept together with adult offenders. 4. Children may be visited by their parents. 5. If at all possible, no child is detained in a place away from his home but is released to the custody of his parents pending the case against him."

- 58 - B IBLIOGRAPHY Books and articles Breytenbach, Breyten Dugard, J. Dugard, J. Dugard, J. Fredericks, S. and Van Zyl Smit, D. Hahlo, H.R. and Kahn, E. Harcourt-Baldwin Haysom, N. Hosten, W.H., Edwards, A.B., Nathan, C. and Bosman, F. Hutchinson, D. Lodge, T. The True Confessions of an Albino Terrorist, Taurus, Johannesburg, 1984. Human Rights and the South African Legal Order, Princeton University Press, 1978. Introduction to Criminal Procedure, Juta and Co., Ltd., 1977. "A triumph for Executive Power - an examination of the Rabie Report and the Internal Security Act, 74 of 1982". The South African Law Journal, November 1982, vol. 99, part IV, Juta and Co., Ltd. "Criminological Statistics (1983)"Criminology Source Book, Institute of Criminology, University of Cape Town. The South African Legal System and its Background, Juta and Co., Ltd., Cape Town, 1968. "Sentencing the Juvenile Offender" in Criminal Justice in South Africa, Olmesdahl, M.C.J. and Steytler N.C. (eds), Juta and Co., Ltd., Cape Town, 1983. Towards an Understanding of Prison Gangs, Institute of Criminology, University of Cape Town, 1981. Introduction to South African Law and Legal Theory, Butterworths, 1980. "Juvenile Justice" in Criminal Justice in South Africa, Olmesdahl M.C.J. and Steytler N.C. (eds), Juta and Co., Ltd., Cape Town, 1983. Black Politics in South Africa since 1945, Ravan Press (Pty) Ltd., Johannesburg, 1983.

- 59 - McQuoid-Mason, D.J. Midgley, J. Pinnock, D. and Slabbert, M. Pinnock, D. Pinnock, D. Sher, M. Slabbert, M. Slabbert, M. Slabbert, M. Steytler, N.C. South African Institute of Race Relations "Discretion in the provision of State-financial legal aid and services to indigent criminal accussed in South Africa" in Criminal Justice in South Africa, in Olmesdahl M.C.J. and Steytler N.C. (eds), Juta and Co., Ltd., Cape Town, 1983. Children on Trial, NICRO, Cape Town, 1975. "Group Areas 1983" - Criminology Source Book, Institute of Criminology, University of Cape Town. Towards an understanding, structure, function and history of street gangs in Cape Town, Institute of Criminology, University of Cape Town, 1982. The Brotherhoods: Street gangs and state control in Cape Town, David Philip, Cape Town, 1984. "Influx Control 1983" - Criminology Source Book, Institute of Criminology, University of Cape Town. Repetitive Cycles, Institute of Criminology, University of Cape Town, 1980. South Africa's Legal System: Justice for All?, Institute of Criminology, University of Cape Town, 1981. A small survey of juvenile court records, (unpublished), Institute of Criminology, University of Cape Town, 1982. "Prison Conditions" in South African Journal of Criminal Law and Criminology (1980), Butterworths in collaboration with NICRO. Survey of Race Relations in South Africa, (1980), (1981) and (1982). Reports Annual Report of the Department July 1981 - 30 June 1982. of Justice 1 July 1980 - 30 June 1981 and 1 Report on Rabie Report, Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg, 1982.

- 60 South Africa 1982 - the official yearbook of the Republic of South Africa, Chris van Rensburg Publications, Johannesburg. House of Assembly Debates (Hansard), 25 April 1983 and 5 to 9 September 1983. Verslag van die Komitee van ondersoek na die gebeure te Barberton-maksimumsekureiteitsgevangenis (dorp) op 20 en 30 September 1983 en aanverwante aangeleentehede 10 Januarie 1984. House of Assembly Debates (Hansard), 11 to 15 June 1984. - 61 - NOTES I_/ s44(l)(f) of Act 8 of 1959. 2/ A request in this regard was made on 19 September 1983. Receipt of the request was formally acknowledged on 13 October 1983 but no further response was received until after the deadline for completion of this report (December 1983). In 1984 further negotiations took place with the prison authorities and eventually permission was granted to visit an adult prison at which children are detained. A report on that visit is contained in Annex I. 3/ As defined in sl(x) of the Children's Act 33 of 1960. 4/ Information was received from the Ciskei just after the initial report was completed. However, it was of a general nature and may only be published with the prior consent of the Commissioner of Prisons of Ciskei. 5/ Survey of Race Relations in South Africa (1982), p.336. Dugard, Human Rights and the South African Legal Order, p.96. re the recognition of Transkei's independence. 6/ Survey of Race Relations in South Africa (1982), p. 43. 7/. Ibid. p. 45. An estimation by the Bureau for Economic Research. (BENSO). 8/ An official estimate of the 1980 census is contained in South Africa 1982 - The Official Yearbook of the Republic of South Africa - Chris van Rensburg Publications, Johannesburg, p. 95. 9/ For further information see Survey of Race Relations in South Africa (1982), pp. 557-576. 10/ This section refers to the situation under the constitution which was in force in 1983. 11/ Survey of Race Relations in South Africa (1980), p.6. 12/ s59 of Act 32 of 1961. For further details on the Republic's Constitution see Dugard op. cit. pp. 34-36. 13/ The Coloured Representative Council finally closed down in March 1980. It was criticized as having failed to satisfy the political aspirations of the Coloured people. Survey of Race Relations in South Africa (1980), p. 31. 14/ Dugard 22. cit. p.7. 15/ In 1977, the rigime banned many organizations, several of them connected with the Black Consciousness Movement. 16/ Dugard, 2p. cit. p. 7.

- 62 - 17/ See generally Hahlo and Kahn, The South African Legal System and its Background. 18/ Hosten, Edwards, Nathan and Bosman, Introduction to South African Legal Theory, p.271. 19/ The Supreme Court Act (as amended) 59 to 1959. 20/ s9 of The Lower Courts Amendment Act 91 of 1977. Magistrate's courts have jurisdiction over all offences except treason (including terrorism and sabotage), murder and rape. Regional magistrate's court jurisdiction is excluded only from treason and murder. A magistrate may impose imprisonment for a period not exceeding 12 months, a fine not exceeding R1,000 and a whipping. Regional magistrates are limited to a maximum 10 year prison sentence, a fine not exceeding R10,000 or a whipping. 21/ Advocates may appear before all courts and must be instructed (briefed) by an attorney. Attorneys may only appear before the lower courts. 22/ Advocated appearing "Pro deo" are not assisted by an attorney. 23/ a5M(). 24/ a5(2). 25/ sl, 1(2) and 5(5). 26/ sll. 27/ D. Pinnock and M. Slabbert "Group Areas 1983" - Criminology Source Book, Substitute of Criminology, University of Cape Town. 28/ Ibid. p.5. 29/ Survey of Race Relations in South Africa (1982), p.339. 30/ Black Abilition of Passes and Co-ordination of Documents Act, 67 of 1952. 31/ Black (Urban Areas) Consolidation Act 25 of 1945. Admission of Persons to Republic Regulation Act 59 of 1972. Prevention of Illegal Squatting Act 24 of 1952. 32/ slO of the Black (Urban Areas) Consolidation Act 25 of 1945. Briefly, the four special circumstances are: 1. that he/she has since birth resided continually in the area! 2. that he/she has worked continuously in the area for the same employer for 10 years or more, or has lawfully and continuously been employed there for not less than 15 years. 3. that he/she is the wife, unmarried daughter or son under the age of 18 years, of the person listed in 1 or 2; 4. that he/she has been given permission by the authorities to remain there.

- 63 - 33/ See Komani N.O. vs'Bantu Affairs Administration Board, Peninsula 1980 (4) SA 448 (A). Rikhoto vs East Rand Administration Board 1982 (1) SA 257 (W). Booi vs Western Cape Administration Board (unreported), 20 May 1982. 34/ See further Survey of Race Relations in South Africa (1982), pp. 371-372. 35/ Ibid. pp.369-370. 36/ See for example "squatter" women referred to in Annex II. 37/ Survey of Race Relations in South Africa (1982), p. 86. 38/ Ibid. p.278. 39/ Orderly Movement and Settlement of Black Persons Bill, No. 113-281. 40/ In addition, the Government has been criticized for its failure to provide alternative accommodation, unfair compensation payments and dumping established communities in isolated areas where they have no employment prospects and no hope of maintaining their family lives. Survey of Race Relations in South Africa (1982), pp.449-462. 41/ A few local authorities have made some of these amenities multiracial in an attempt to remove "hurtful petty apartheid". 42/ Survey of Race Relations in South Africa (1982), pp.287-296. 43/ Ibid. p.335 and generally pp. 341-349. 44/ Ibid. pp.524-530. 45/ Ibid. p.528. 46/ Ibid. pp.72-73. 47/ Ibid. p.71. 48/ Survey of Race Relations in South Africa (1980), pp. 384-388. Lodge Black Politics in South Africa since 1945, pp. 117, 121-129. 49/ Survey of Race Relations in South Africa (1980), pp. 465, 470. 50/ Ibid. pp. 465-466. The figures for Coloureds and Indians fall between these extremes. 51/ "Bantu" is the earlier used official term for Africans. 52/ See also note 47 above. 53/ Slabbert, Repetitive Cycles, pp. 1, 50.

- 64 54/ Report of the Department of Justice for the period 1 July 1981 30 June 1982, p. 86. 55/ Ibid. 56/ House of Assembly Debates, 25 April 1983, col. 5568. 57/ Survey of Race Relations in South Africa (1982), p. 203. Survey of Race Relations in South Africa (1981), p. 68. 58/ Calculated by Mana Slabbert from the Report of the Commissioner of Prisons for the period 1 July 1978 - 30 June 1979. Tables 10 and 18. In 1984 the figures became the subject of political controversy. It was claimed in parliament by the Minister of Justice that influx control infringers totalled 5,463 or 5.19 per cent of the prison population on 30 April 1984. These "offenders" serve short periods of incarceration. Therefore statistics calculated on an annual basis will present a different picture (Hansard, Debates on the Standing Committee, Votes on Justice and Prisons, 18 May 1984, (col. 159, Mrs. H. Suzman; col. 217, Minister of Justice) ). 5_29/ Slabbert, op. cit. p. 40. 60/ Ibid. See generally pp. 9-13. 61/ Slabbert, A small survey of juvenile court records - March 1982. 62/ D. Pinnock, Towards an understanding, structure, function and history of street gangs in Cape Town, p. 3; D. Pinnock, The Brotherhoods (1984). 63/ For example, see Slabbert, South Africa's Legal System for All? p. 41. 64/ Survey of Race Relations in South Africa (1982), pp. 210-211. 65/ House of Assembly Debates 5 - 9 September 1983, cols. 2062 - 2068. 66/ Ibid. Cols. 2063 - 2066. 67/ Ibid. Cols. 2063 - 2064. 68/ Ibid. Cols. 2067 - 2068. 69/ House of Assembly Debates, 11 June 1984, cols. 1549 - 1558. 70/ Ibid. Cols. 1559 - 1574. 71/ Ibid. Col. 1576. 72/ Children's courts are established in terms of ss4 and 5 of the Children's Act 33 of 1960. The children's court is usually held in different rooms from those used for other court cases and the proceedings are conducted in an informal manner so as to remove the child from the atmosphere of the criminal courts.

- 65 - 73/ sl(x) of Act 33 of 1960. 74/ The juvenile court is an ordinary criminal court (usually a magistrate's court). However, the procedure in the juvenile court is modified in the manner outlined in the chapter entitled "The positive role and its enforcement, pp. 16-25. 75/ s18 (1). 76/ s18(2). 77/ s18(3). 78/ s19. 79/ s38(l) - (4). 80/ sl(xxxiv). 81/ 1969 (1) SA 601, at 603. 82/ Hutchinson, Africa, p. 246. "Juvenile Justice" in Criminal Justice in South 83/ s38. 84/ s59 and 60. 85/ s72. 86./ s56. 87/ s5O(1). 88/ S60. 89/ s65. 90/ s71. 91/ As defined in Section 1 (xxxiv) of the Children's Act 33 of 1960. 92/ s72(1) (b). 93/ s72(2) (b). 94/ Hutchinson, 2p. cit, p. 242. 95/ s73(l). Professor Dugard suggests that the bare right to counsel is inadequate in a country in which the indigent accused far outnumber those able to afford counsel. Dugard Human Rights and the South African Legal Order, p. 77.

- 66 - 96/ Where the death penalty may be imposed. 97/ An advocate is appointed, free of charge, by the State. See also note 22. 98/ Legal Aid Act 22 of 1969. 99/ McQuoid-Mason, "Discretion in the provision of State-financed legal aid and services to indigent criminal accused in South Africa" in Criminal Justice in South Africa, pp. 106-108. 100/ For example, see Slabbert, South Africa's Legal System: Justice for All?, pp. 11-12 and McQuoid-Mason, op. cit, pp. 103-112. 101/ For example, see Slabbert, South Africa's Legal System: Justice for All?, pp. 28-30 and 35-36. 102/ 1982 (1) 240(N), p. 244DE. 103/ 1983 (1) 809(0), p. 812H. 104/ s73(3). 105/ Ibid. 106/ s74(l). 107/ s74(5). 108/ 74(2). 109/ s74(6). 110/ s74(3). i1_/ Hutchinson, 22. cit., pp. 247-248. 112/ s112(1) (a), if the offence does not merit the death sentence, imprisonment without the option of a fine, a whipping or a fine exceeding R100.00. 113/ s112(1) (b). 114/ s113. 115/ s115. .16/ Dugard, Introduction to Criminal Procedure, p. 85. 117/ 1982 (1) 240 (N) at 242D. 118/ 1980 (4) 593 A.D.

- 67 - 119/ Ibid., at 601. 120/ s185; the offences include arson, murder, kidnapping, child stealing, robbery, housebreaking with intent to commit an offence and any conspiracy, incitement or attempt to commit any such offence. (Part III Schedule II). 121/ s185(1) (a) (i) and (ii). 122/ s254. 123/ 1972 (2) 555 (N) at 556. 124/ Hutchinson, a. cit., p. 244. 125/ The writer interviewed a Cape Town magistrate on the enforcement of certain provisions of the Criminal Procedure Act relating to children. 126/ See Hutchinson, OP. cit. p. 245 Midgley, Children on Trial, p. 106. 127/ s276. 128/ s277(1). The court is not obliged to impose the death sentence on a person under the age of 18 convicted of murder. (s277(2)). 129/ s297. 130/ s290. 131/ s290(4). 132/ Midgley, 2p. cit. p. 143. 133/ Ibid. p. 107. 134/ s.295. 135/ s294, See s292 for adults. 136/ S vs M 1982 (1) 240 (N) at 246. Critics have condemned the use of whipping for offenders. With regard to the use of whipping for child offenders see Harcourt-Baldwin, "Sentencing the Juvenile Offender" in Criminal Justice in South Africa, p. 276 and Midgley op. cit., pp. 107-115. 137/ s308(1). 138/ Harcourt-Baldwin, 2p. cit. p. 268-269. 139/ Ibid. p. 276.

- 68 - 140/ Ibid. p. 272. 141/ S vs Khulu 1975 (2) SA 518 (N) at 520 H. The magistrate in the lower court had imposed the mandatory sentence in order to deter adults from using youths to carry out criminal activities on the basis that the youths would receive a lighter sentence available. 142/ s302(1). 143/ s302(3). 144/ s303. 145/ sl. 146/ s20(1)(b). 147/ sl. 148/ s29(1). 149/ s29(3). 150/ Consolidated Prison Regulation 137. 1 s29(4). 152/ s74(l). 153/ s74(2); as a result, if a child is transferred from a reformatory to a prison in this manner, he/she could in fact serve a longer prison term for the offence than if he/she (or an adult) had originally been sentenced to imprisonment for that offence. 154/ See generally Mathews A. S., Law, Order and Liberty in South Africa, (1971), Juta & Co. Ltd. 155/ The Star, Johannesburg, 11 March 1982, cited in A Report on the Rabie Report, Annexure A, pp. 99-101. 156/ Survey of Race Relations in South Africa (1982), pp. 253-254. In November 1982, the Minister of Police announced a code of conduct for the treatment of political detainees which is binding on all members of the South African Police. 157/ In 1982 the Internal Security Act 74 of 1982, abolished the mandatory minimum five year sentences of imprisonment under the Internal Security Act 44 of 1950, (sll(b) bis and sll(b) ter, read the sll(l) bis), the Terrorism Act 83 of 1967 (s2) and the "Sabotage Act" (s21 of the General Law Amendment Act 76 of 1962). 158/ The Sunday Post, 7 September 1980.

- 69 - 159/ Survey of Race Relations in South Africa (1981), p. 87. 160/ "The island" is a prison situated on an island approximately eight kilometres from Cape Town and it is known for political offenders held there. 161/ House of Assembly Debates, 5-9 May, 1980, cols. 733-734. 162/ Such as: The Internal Security Act 44 of 1950 (The Suppression of Communism Act): The Criminal Law Amendment Act 8 of 1953; The Riotous Assemblies Act 17 of 1956; The Unlawful Organizations Act 34 of 1960; The "Sabotage Act" (s21 of the General Law Amendment Act 76 of 1962); and The Terrorism Act 83 of 1967. 163/ See s54(l), s54(2), e54(3) and s55 read with sl(iv), respectively. 164/ s29. 165/ s31: The "serious political" offences are listed in Schedule 3 of the Act. 166/ s31(7). 167/ s38 and 41 respectively. 168/ Professor Dugard suggests this will have little practical relief for detainees as a similar review committee in terms of previous legislation recommended release in nine out of 366 cases between 1977 and 1981: see Dugard "A triumph for Executive Power - an examination of the Rabie Report and the Internal Security Act 74 of 1982" The South African Law Journal, November 1982, vol. 99, p. 593. 169/ Ibid. p. 595. 170/ Ibid. Professor Dugard refers to the following facts: 1. Deaths in detention and unsatisfactory inquests, p. 596. 2. Methods of interrogation and the courts' failure to take a general stand on methods other than physical assault. Evidence of police brutality, physical and mental torture, solitary confinement and long interrogation periods, pp. 596-597. 3. Exclusion of judicial visits; some detainees view magistrates and district surgeons as part of the system and subsequent deaths, despite visits by district surgeons, tend to support their view, p. 598. 4. The denial of the detainee's right to a legal adviser, p. 599. 5. No guideline is stipulated for either interrogation sessions or for the conduct of interrogation officers, p. 601. 17// s22 (2) (a).

- 70 - 172/ s22(2) (b). 173/ 1979 (1) SA 14 (A) at 31A. 174/ Ibid, at 39D. 175/ Ibid, at 41C-D. 176/ 1983 (1) SA 938 (A) at 957E-F. 177/ s85. 178/ Hassim vs Officer Commanding Prison Command Robben Island, Venkatrathnam vs Officer Commanding Prison Command Robben Island, 1973 (3) SA 462 (C) at 473C. 179/ s90(l). 180/ Regulation 103(1). 181/ Regulation 108(1) (a). 182/ Regulation 109. 183/ Regulation 109(6). 184/ Regulation 109(4). 185/ Goldberg vs Minister of Prisons, 1979 (1) SA 14 (A) at 31B. 186/ Regulation 110(1). 187/ Regulation 11(3). 188/ Regulation 110(4). 189/See note 174 above. 190/ Regulation 111. 191/ Regulation 112. 192/ Regulation 97(1). 193/ Regulation 97(2). 194/ Regulation 113(2) and 113(3). 195/ Regulation 113(1). 196/ Cassiem and Another vs Commanding Officer, Victor Verstern Prison and Others, 1982 (2) 547 (c) at 550.

- 71 - 197/ Regulation 114(1). 198/ Steytler "Prison Conditions" in South African Journal of Criminal Law and Criminology (1980), p. 225. 199/ Regulation 114(1). 200/ Regulation 114(2). 201/ Regulation 115. 20.2/ Regulation 123(1); Mandela vs Minister of Prisons, 1983 (1) SA 938(A). 203/ Regulation 123(2) (a)-(h). 204/ See Regulations 123(2), 123(3) (a) and (b), or if the legal adviser is convicted of a criminal offence. 205/ a54. 206/ a54(2) (c). 207/ a54(2) (d). 208/ a54(2(e)) (i). 209/ s54(4). 210/ s56(1). 211/ s56(5). 212/ 1967 (3) SA 157 (C) at 159. 213/ Mrs. Helen Suxman - see The Argus, Cape Town, 17 September 1981. 214/ s5(1). 215/ s61(a) (a). 216/ s61(b) (iii). 217/ s61(b). 218/ s61 (a) (a). 219/ s5(B). 220/ s63(1), Regulation 131(1). 221/ Regulation 119(1).

- 72 - 222/ Regulation 119(5) and 131(2). 223/ Regulation 119(4) (iii) and 131(2). 224/ Regulation 120(1). 225/ Regulation 120(5) (a) (i). 226/ Regulation 120(5) (b) (ii). 227/ 1982 (2) 547 (c) at 551E. 228/ s82. 229/ Cassiem's case (see note 227 above) at 553DE. 230/ s82(d) (M) and (ii). 231/ s82(d) (iii). 232/ s83. 233/ Regulation 132(4) read with 133, 135 (2) and 136 (2). 234/ Regulation 132(3) read with 133, 135 (2) and 136 (2). 235/ Regulation 132(6) read with 133, 135 (2) and 136 (2). 236/ Regulation 132(1) read with 133, 135 (2) and 136 (2). 237/ Regulation 132(10) read with 133, 135 (2) and 136 (2). 238/ Regulation 132(5) read with 133, 135 (2) and 136 (2). 239/ Regulation 132(8) 240/ Regulation 132(9) 241/ Regulation 132 (11) 242/ House of Assembly Debates, 5-9 September 1983, cols 2062-2068. 243/ A full transcript of the Prisons Service telex is included in Annex III. 244/ House of Assembly Debates, 7-11 September 1983, cols. 362-365. 245/ The Report of the Department of Justice for the period 1 July 1981 30 June 1982, p. 84. 246/ Ibid. pp. 44-45. 247/ Ibid. pp. 77-78.

- 73 - 248/ Ibid. p. 68. 249/ Ibid. p. 69. 250/ See, however, the report of the visit to prison (Annex I). It is recorded there that gang membership was openly admitted by most inmates. A major study of gang activity in prisons, commissioned by the Prisons Service itself, has been completed. Its findings, however, have not been made public (September 1984). 251/ Haysom, Towards an Understanding of Prison Gangs. 252/ Ibid. , p. 13. 253/ Ibid, see generally pp. 24-32. 254/ Marijuana. 255/ Ibid. p. 17. 256/ Ibid. p. 17. 257/ Breyten Breytenbach, True Confessions of an Albino Terrorist, 1984. 258/ Ibid. p. 247. It is interesting to note that Breytenbach describes his experiences in Pollsmoor Prison, the prison which is considered in the Annex I. 259/ Van Dam Report. 260/ cfs7l of the Criminal Procedure Act 51 of 1977. 261/ Refined maize porridge. 262/ Used by the authorities when raiding the "squatter camp". 263/ A disinfectant. 264/ Afrikaans for "in the hole". 265/ Afrikaans for "cat head". 266/ Refined maize porridge. 267/ Reid, T.W. The Parole Hearing published in the proceedings of the Eighty-ninth Annual Congress of the American Correctional Association, p. 255.