Children in Prison in South Africa - Community Law Centre

"Every child has the right... to be protected frommaltreatment, neglect, abuse or degradation".(SA CONSTITUTION, SECTION 33)'"Every one has the right to freedom and security ofthe person, which includes the right... not to be torturedin any way; [and] not to be treated or punishedin a cruel, inhuman or degrading way. "(SA CONSTITUTION, SECTION 12)"All personnel should ensure the full protection of the,physical and mental health of juveniles, including protectionfrom physical, sexual and emotional abuse orexploitation." (UNRULES, 87)GangsAlthough it is believed that gangs operate in themajority of prisons, many of the children interviewedwere not frank about their .activities. Some childrenadmitted to belonging to gangs. Others said theybelonged to gangs outside but had decided not tojoin while in prison. Most said that the gangs were'no problem'.It is therefore difficult to develop a clear picture ofwhat gangs exist, how strong they are, and the degreeto which they terrorise the prison population. In someprisons, the interviews reveal that the children, althoughthey do not give details, were extremely fearful. Onesuspects that, in prisons where the children reveal noinformation at all about gang activities, or say there arenone, that they are often motivated by fear of reprisal.-Thus at Barberton, although no-one complained ofintimidation by gangs, several of the intervieweescomplained of fighting between the prisoners.The authorities said that there'had been quite a lotof violence amongst the juveniles, although it had.decreased. They also said the young prisoners arenaughty and difficult to manage.0At Stanger, once again,-it was clear from the children'sbody language that they did not feel free totalk and were withholding information. They claimedthat they were not abused by their fellow inmates,although they knew it happened in other prisons.Warders did rounds every half hour, although one ofthem intimated that this might not happen as regularlyas may appear in the records. There was alsoapparently access to a warder in an emergency. Thejuveniles claimed there are no gangs in their section,although the adults belonged to gangs.At Leeuwkop, one child had a black eye-inflicted bya cell mate. Others had been forced to do dirty workin the cell by the older inmates and sometimes bythe gangs. The gangs were reported to be a problemand were often the instigators of the manyfights. The youngest prisoner said he was often mistreatedand verbally abused by the other prisoners.There are several gangs. At the juvenile section atPollsmoor, the 26s and 28s were reported to be aproblem. One boy said he was a member of theAmericans. At St Albans, there are several gangs:the Boom Shakas, the 26s, the 28s, theUntouchables, the Invincibles and the Airforce. AtMalmesbury, one boy said he was a member of theIce Boy gang outside the prison, another that hebelonged to the Born Free Kids. Both had joined the28s inside the prison.At Johannesburg Medium A prison, gangs in theprison are called Ma-China and Japan. One boy saidthat when he first arrived he had been forced to dowashing for the Ma-China gang in order to buy protection.He was also woken up in the middle of thenight to get water for the leader of the gang. He saidthis was a form of initiation;' now that he is part ofthe gang he is no longer maltreated.Another inmate says he does not experience problemsbecause he is always in the company of hisfriends, and the gangs do not talk to them.At Pretoria Central Medium B, one of the childrensaid he had felt scared when he arrived at theprison, but was no longer scared. Although therewere gang members at the prison, most inmatesreported that they had not experienced any problemswith them. However, one of the older boys saidthat the inmates sometimes fight. One of the gangmembers had beaten him 'with fists'. He also said: