Govt to be sued for imprisoning teenager

A R1.25 million lawsuit is pending against four government departments following the incarceration of a 15-year-old in the maximum security section of Durban's Westville prison, the Centre for Child Law (CCL) said.

CCL director Ann Skelton said the Minister of Justice, the Minister of Safety and Security, the Minister of Correctional Services and the KwaZulu-Natal MEC for Social Welfare and Population Development, had all been served notice that the CCL intended to bring legal action against them for illegally incarcerating the boy.

Skelton said the teenager had been caught shoplifting by police on March 14. The boy was released into the custody of his parents and when he failed to appear for a subsequent court hearing, he was re-arrested.

She said the court then ordered that the boy be detained with awaiting trial prisoners.

"Children of 18 years or younger should be held separately in a secure care facility. Not in a prison." She said the CCL, based in Pretoria, had been approached by the boy's mother to bring the legal action.

"Every time she visited the juvenile facility (at Westville prison) she was unable to see her son," said Skelton.

Justice for Prisoners and Detainees Trust chairperson Derrick Mdluli said the youngster had been detained in "Medium B, which is a Maximum Security section for sentenced adults. This was after he "was caught shoplifting a pair of shorts to the value of R49".

Mdluli said the boy had been repeatedly raped by the prisoners and is receiving post-prophylactic treatment, as there was a very high risk that he has been infected with HIV.

Skelton said the boy was released into the custody of his mother on Friday morning.

Correctional Services spokesperson Manelisi Wolela could not be reached for comment. - Sapa