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News – South Africa: Inmates lose bid to be moved

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Original Post Date: 2008-12-10 Time: 23:00:06  Posted By: Jan

Ten inmates held at Mangaung Maximum Security Prison in Bloemfontein, including two members of the Western Cape’s notorious Flower Gang, have lost a Cape High Court bid to be moved to prisons closer to their families.

The prisoners claimed they were not informed of their transfer to the Bloemfontein facility, and so were denied the opportunity to make representations in this regard.

They also asked the court to set aside a department of correctional services decision to categorise them as maximum security prisoners.

The men alleged that their right to procedurally fair administrative action had been infringed.

The men are Dawid “Doggy Dog” Ruiters, Charles “Chico” Adams, Donovan Krige, Jan Okies, Malcolm Gerber, Roderick Gerber, Reyno Moses, Ricardo van der Westhuizen, Shaun Voight and Walied Nagel.

Ruiters was the leader of the Flower Gang and Adams was a member.

The gang murdered Briton Aileen Fairbanks-Smith, Hendrina “Gansie” Louw and three-year-old Emma Wall on a farm near Niewoudtville in 1996.

Little Emma was stabbed 29 times and the shape of a military type boot was imprinted on her face.

Gang leader Ruiters and Adams are each serving terms of life imprisonment.

The other eight men are also in prison for violent crimes, including murder, attempted murder and kidnapping.

The department of correctional services said the prisoners were transferred for security reasons and so were not entitled to be informed in advance or to make any representations.

If they had been informed in advance, they would have had the ability to frustrate the process in an illegal manner, the department submitted.

It could also have jeopardised the safety of other prisoners and of prison officials.

The department’s counsel argued that the manner in which they were transferred did not, in any event, infringe on their rights.

In a judgment handed down on Tuesday, Judge Burton Fourie said the court was satisfied that the men were justifiably categorised as maximum security prisoners.

“They have been convicted of the most brutal of offences, involving violence, and sentenced to lengthy periods of imprisonment, including imprisonment for life.

“They do not dispute that – with the possible exception of the second applicant – they are all members of prison gangs,” Judge Fourie said.

He found the department was entitled to transfer them for security reasons.

The safety of the officials and the broader community weighed heavier than the rights of the prisoners.

He said the prisoners had failed to make a case and dismissed the application with costs.

    • Source: http://www.iol.co.za/index.php?art_id=vn20081210115312486C197555