Concourt prison TB ruling flouted - WordPress.com · EVE Ensler never thought she’d be a cancer...
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July 19 2014 SATURDAY STAR NEWS 10 NONI MOKATI EVE Ensler never thought she’d be a cancer statistic. In the last seven years this accomplished US playwright, author and performer, world renowned for her play, The Vagina Monologues, has trans- formed herself into a victor. Tomorrow evening at the University of Johannesburg, Ensler will take Joburgers through her journey of self-re- alisation as she delves into her latest book titled In The Body of The World – A Memoir of Can- cer and Connection. In 2009, Ensler was diag- nosed with stage four of uter- ine cancer. She said her own ex- perience helped her discover truths about herself. “When someone says you have cancer, the first thing you think is I’m dead. But I came to understand that the cancer was actually transforming me and not killing me. It aroused me to come to my body’s aid. I was in tune with my heart, with love again. It fuelled me to becom- ing a greater person and not a victim of past hurts,” she said. US physician scientist and writer Siddhartha Mukherjee is quoted as saying Ensler’s book is for anyone whose life has intersected with illness. Asked how beneficial the book would be to individuals and families in South Africa who often face depleted fi- nances and exhausted medical aids after lengthy treatment and in some cases have little ac- cess to medical care, she replied: “This book is really de- manding. It looks at how we get sick or how we get well. What communities do when we are sick. It’s a graphic look at can- cer so that people can get an idea of what to do or expect.” She added more work beck- oned in African countries where awareness was con- cerned. “In Congo there is a short- age of resources. One finds that there’s only one CAT scan to as- sist patients. But this is not enough. More needs to be done for prevention,” she said. Yesterday she also began the first show of her latest play Emotional Creature – the secret life of girls around the world. Staged at the UJ’s Arts Cen- tre and directed by Jo Bonney, the play depicts a range of is- sues affecting women. Ensler said inspiration came while she travelled and during her work with women who were victims of violence. “Emotional Creature looks at a range of dilemmas they are up against. This is from body image, being knocked out of cliques, feeling they won’t succeed, having their clitoris cut at a young age in rituals and slave labour. It tackles all social ills,” she said. Ensler added it was a coinci- dence that the first show was held on Mandela Day. The play will run until July 30. Recognised by Newsweek as 150 women who have changed the world, Ensler said her Vagina Monologues was still going strong since it was launched 18 years ago. The monologues have helped many women across the world and through the V-day workshops she continues to support women calling for the return of the schoolgirls kid- napped by the Boko Haram militia in Nigeria. “Even though I am not there in person, it is good to know that we’re lending support,” Ensler said. SHEREE BEGA SOUTH Africa’s soaring trade in lion bones and skeletons is fuelling and stimulating de- mand for tiger parts by perpet- uating the consumption of big cats in Asia for tonic or medic- inal purposes. This is according to Richard Hargreaves, a UK lawyer who specialises in matters relating to big cats, in his submission to the Convention on Interna- tional Trade in Endangered Species (Cites). Not only was the trade in lion body parts for medicinal purposes a threat to Africa’s lion populations, but it was a threat to wild tigers and Asian lions in India, he said. Hargreaves urged a Cites annual meeting last week to suspend all exports of lion parts from South Africa to China, Lao People’s Democra- tic Republic and Vietnam. “The international community have done absolutely nothing to even remotely question, let alone address this trade at their annual meeting last week,” said Hargreaves. In 2012, South Africa ex- ported 118 lion skeletons alone to China, Lao People’s Democ- ratic Republic – which ac- counted for 108 – and Vietnam. Observers of the lion bone trade argue that there is a mar- ket for lion body parts, and it will grow as the market for ivory and rhino horn has grown. Magdel Boshoff, acting di- rector of threatened and pro- tected species at the Depart- ment of Environmental Affairs, said commenting on whether the local lion bone trade was stimulating demand in Asia was beyond her expertise. “I don’t know of a compre- hensive study looking at the di- rect link between the poaching of tigers and the trade of lion bones in SA… It’s legal that a person can trade in bones. Lion bones are a by-product of the hunting trophy and are avail- able for trade. “We don’t have evidence that the captive lion industry is leading to the extinction of lion populations in other coun- tries,” she adds. There are 3 155 wild lions in South Africa, and so the popu- lation should be regarded as of “least concern”. A study by the SA National Biodiversity Insti- tute found that trophy hunting of lion has no detrimental im- pact on the wild population be- cause less than 10 are hunted a year. “We know the captive lion industry is an emotional issue. But when we develop legisla- tion, emotions are not relevant. We can only develop legislation within the legislative mandate of the department. We cannot let emotions dictate what is le- gal and not legal. “I think for everyone the lion is a majestic animal. It’s one of the Big Five species. One wouldn’t want to see it in cap- tivity. But those considerations are not sufficient for the minis- ter to say we cannot allow the keeping of these animals in captivity.” But Chris Mercer, of the Campaign Against Canned Hunting, said the government was still in denial that lion farm- ing was causing a poaching pan- demic of wild lions in neigh- bouring territories. Promoting the lion bone trade would hasten the extinction of wild lions in southern and east Africa. Boshoff said lion hunting, for example, may pose a threat to wild populations in other parts of southern Africa where “no captive industry exists”. “In any industry, there will be things done illegally, but that doesn’t mean the whole in- dustry is doing that. “We have heard mothers are being killed in the wild and then their cubs are removed and put in these breeding facil- ities to augment genetics, but these are isolated incidents.” ● In 2012, 617 lions were hunted for trophies in SA. ● The average price per lion hunt was $24 750. ● The total income generated from species fees for lion was about R125 million. ● The total income generated by trophy hunting was about R807 million. ● In 2008, there were almost 180 lion-breeding facilities in SA. That figure has “boomed” according to the Campaign Against Canned Hunting (Cach). ● Cach estimates over 1 000 farmed lion are hunted a year. Source: Department of Environmental Affairs/Cach CREATING AWARENESS: The trade in lion bones and skeletons could stimulate a demand for medicinal products from big cats in Asian countries. LION STATISTICS Lion bone trade threatens big cat populations in Asia, says lawyer THABISO THAKALI FORMER Gauteng officials who allegedly defrauded the provincial department of health of more than R16 mil- lion in tenders are yet to be brought to account, four years after an investigation by Spe- cial Investigations Unit (SIU) began. Last week marked exactly four years since then-acting president Kgalema Motlanthe ordered the SIU to investigate any serious maladministra- tion, unlawful or irregular ap- propriation or expenditure since 2006 in the awarding of contracts worth R1 billion. At the time, Parliament heard that officials in the Na- tional Treasury had hired a private forensic auditors’ firm to look into the Gauteng De- partment of Health after it had overspent by R722m, but still had bills of R573m to pay in 2008/09. The department’s budget in that financial year was R13.8bn. The investigation arose from problems identified in the auditor-general’s report on the department for the 2007/2008 fi- nancial year. Last week DA Gauteng spokesman on health Jack Bloom asked MEC Qedani Mahlangu what progress had been made in the investigation by the SIU and what steps were being taken to assist the expedi- tion of the matter. Mahlangu said in a written reply: “We have not met with the SIU as yet. However, a meet- ing has been requested which awaits their confirmation. We will furnish the legislature with all the relevant information.” Bloom said it was “scan- dalous” that the investigation had dragged on for so long. “It’s a sorry state of affairs and a frustration on our part that nothing has happened on this matter till now. “That period has left the Gauteng Department of Health poisoned until today. In the be- ginning there were criminal charges laid but now people think they will get away with it.” Equally frustrated by the de- lay in the probe is Corruption Watch, which has claimed it was told the investigation would be concluded by the end of last year. According to Nicola Whit- taker, a written response from the SIU in May indicated that the probe would now be com- pleted by the end of this month. This came after Corruption Watch and the Treatment Ac- tion Campaign threatened legal action to force the SIU to grant them access to information gathered during its investiga- tion into mismanagement and corruption between 2006 and 2010. In 2012, The Star reported that a forensic auditor’s report referred to the SIU to investi- gate former health department head Sybil Ngcobo, former chief financial officer Fanuel Meso and former deputy direc- tor-general Obakeng Moekeletsi after they were im- plicated in acts of corruption. Among the major deals the SIU was asked to probe was the procurement of services and contracting with consultants to the value of R779 500 for prepa- ration of the 2007/2008 budget for the department. Also under investigation was the R273m extension of 3P Consulting’s contract, which was declared valid by the Jo- hannesburg High Court after the department accepted the auditor-general’s recommenda- tion that it be reviewed. SIU spokesman Boy Ndala had not responded to questions from the Saturday Star at the time of going to print. No action taken in alleged health department fraud RUTH HOPKINS T HE DEPARTMENT of Justice and Correc- tional Services is flout- ing a landmark ruling on the government’s responsibility for curbing the spread of tuberculosis in pris- ons. The Constitutional Court ruled on December 6, 2012 that the state had failed to protect inmate Dudley Lee from con- tracting TB in Pollsmoor Prison. But now three inmates who contracted the potentially deadly disease under similar circumstances to Lee in pris- ons in the Western Cape are be- ing told the department is not liable. The department is not only ignoring a Constitutional Court decision, it is reneging on its promise to settle cases similar to Lee’s. Two of the three former inmates, Zaid Seedat and Glen Spencer, are represented by Lee’s attorney, Jonathan Cohen. The State attorney, CJ Benkenstein, wrote to Cohen in 2009, asking him to remove See- dat and Spencer’s matters from the roll. “If you are successful in the Lee matter,” he wrote, “the other two matters may be settled.” The Lee matter was success- ful. The Constitutional Court ruled in his favour and Lee was awarded R270 000 in damages, which he received in November, several months before he died on May 21 this year. But instead of sticking to the promise and settling the cases of Seedat and Spencer (Seedat was hospitalised in Pollsmoor with Lee), the de- partment has denied liability and has not offered a settle- ment. It will now go to court. Lee, who was incarcerated from 1999 to 2004, was eventu- ally acquitted of the fraud charges against him. He then sued the minister for negligence in the Western Cape High Court, that ruled that the Department of Correc- tional Services was liable for the damages Lee suffered as a result of TB. The department had violated its own standing orders in the field of health care and Lee’s constitutional rights. The Supreme Court of Appeal overturned the decision because it held that Lee could not prove the state’s negligence had caused his TB infection. The Consti- tutional Court’s deci- sion contained the last word on this issue of causation. It agreed with the high court, saying although it was impossi- ble for Lee and others similarly placed, to prove how and from whom he had contracted the disease, that didn’t matter – the state was still responsible. In Seedat’s case – a co-ac- cused of Lee – the minister of correctional services denied allegations that the department was responsible for the spread of tuberculosis in prisons. In the pleadings, the minis- ter went on to state that all rules and regulations were upheld by the department. However, researcher Robin Wood at the Desmond Tutu HIV centre found in 2011 that the conditions in Pollsmoor Prison were conducive to con- tracting TB: damp, over- crowded and poorly ventilated cells and sketchy or non-exis- tent screening of incoming inmates led to a 90 percent chance of transmission. If the department had com- plied with its own standing or- ders relating to cell occupancy, the spread of the disease could be decreased by 30 percent. If international guidelines were adhered to, it could be halved, according to the researchers. The research was accepted as supporting evidence in the Lee judgment. Lee described Pollsmoor as “a pigsty, a madhouse and a health time bomb”. He said he had to bribe warders to take him the doctor for life-saving medication. “I agreed to remove Seedat and Spencer’s cases from the roll as the state attorney indi- cated they would treat these cases a c c o r d i n g l y, ” said Cohen. “I’m sur- prised to find out the state is re- peating its argument about the factual causation of the TB in- fection,” said Cohen. The department claimed, in its defence in the Lee matter be- fore the Constitutional Court, it was afraid a positive ruling would open up the floodgates for many other prisoners to come forward and claim dam- ages from the state. That assumption is not un- realistic as the pulmonary dis- ease is the No 1 killer in South African jails and the spread is largely due to prison over- crowding and poor ventilation. According to the Judicial In- spectorate for Correctional Ser- vices, 110 of the 800 natural deaths in prisons in 2011 and 2012 were caused by TB. Cohen represents just three clients who are suing the gov- ernment for its negligence in curbing the spread of TB in prisons. His third client, Nassiera James, contracted TB while she was incarcerated in Pollsmoor for nine months in 2009, also on fraud charges. In its pleadings in her case, the Department of Correc- tional Services stated it could not be held accountable for her infection as another prisoner had caused the infection. She should sue that prisoner, it said. “The spread of TB in jails is not merely a correctional issue; it is a public health emer- gency,” said action group Sec- tion 27 at the fourth South African TB conference held in Durban last month. South Africa has one of the highest TB figures in the world and of the aproximately half a million new cases of TB a year, about 15 000 are drug resistant. The department has recog- nised that the prevalence of TB among inmates is probably three to seven times higher than among the general popula- tion. With high turnover rates in severely overcrowded pris- ons, disease most likely spreads like wildfire. The government has re- sponded to the TB crisis by forming a national task team on TB in prisons with cross-sec- torial governmental members as well as representatives from civil society. Machines to improve screening and detection of the disease have been installed in seven prisons. Despite these steps, depart- ment director for health Maria Mabena recently said the de- partment employed only eight doctors nationwide to look af- ter the entire country’s prison population. Forty doctors’ posts within the department are unfilled. ● Hopkins is a journalist with the Wits Justice Project. DEPARTMENT LIABLE: Dudley Lee’s case highlighted the responsibility of the state to maintain and safeguard the constitutional rights of detainees. PICTURE: MICHAEL WALKER ‘Cancer made me a greater person’ SURVIVOR: Author and playwright Eve Ensler speaks about her fight against cancer. Concourt prison TB ruling flouted Prisoners should sue other prisoners, says Correctional Services I’m surprised to find out the state is repeating its argument
Transcript of Concourt prison TB ruling flouted - WordPress.com · EVE Ensler never thought she’d be a cancer...
J u l y 1 9 2 0 1 4 S AT U R D AY S TA RNEWS10
NONI MOKATI
EVE Ensler never thoughtshe’d be a cancer statistic.
In the last seven years thisaccomplished US playwright,author and performer, worldrenowned for her play, The
Vagina Monologues, has trans-formed herself into a victor.
Tomorrow evening at theUniversity of Johannesburg,Ensler will take Joburgersthrough her journey of self-re-alisation as she delves into herlatest book titled In The Body of
The World – A Memoir of Can-
cer and Connection.
In 2009, Ensler was diag-nosed with stage four of uter-ine cancer. She said her own ex-perience helped her discovertruths about herself.
“When someone says youhave cancer, the first thing youthink is I’m dead. But I came tounderstand that the cancer was
actually transforming me andnot killing me. It aroused me tocome to my body’s aid. I was intune with my heart, with loveagain. It fuelled me to becom-ing a greater person and not avictim of past hurts,” she said.
US physician scientist andwriter Siddhartha Mukherjeeis quoted as saying Ensler’sbook is for anyone whose lifehas intersected with illness.
Asked how beneficial thebook would be to individualsand families in South Africawho often face depleted fi-nances and exhausted medicalaids after lengthy treatmentand in some cases have little ac-cess to medical care, shereplied: “This book is really de-manding. It looks at how we getsick or how we get well. Whatcommunities do when we aresick. It’s a graphic look at can-cer so that people can get anidea of what to do or expect.”
She added more work beck-oned in African countrieswhere awareness was con-cerned.
“In Congo there is a short-age of resources. One finds thatthere’s only one CAT scan to as-sist patients. But this is notenough. More needs to be donefor prevention,” she said.
Yesterday she also began thefirst show of her latestplay Emotional Creature – thesecret life of girls around theworld.
Staged at the UJ’s Arts Cen-tre and directed by Jo Bonney,the play depicts a range of is-sues affecting women.
Ensler said inspirationcame while she travelled andduring her work with womenwho were victims of violence.
“Emotional Creature looksat a range of dilemmas they areup against. This is frombody image, being knocked out
of cliques, feeling they won’tsucceed, having their clitoriscut at a young age in ritualsand slave labour. It tackles allsocial ills,” she said.
Ensler added it was a coinci-dence that the first show washeld on Mandela Day. The playwill run until July 30.
Recognised by Newsweek as150 women who have changedthe world, Ensler said herVagina Monologues was stillgoing strong since itwas launched 18 years ago.
The monologues havehelped many women across theworld and through the V-dayworkshops she continues tosupport women calling for thereturn of the schoolgirls kid-napped by the BokoHaram militia in Nigeria.
“Even though I am not therein person, it is good to knowthat we’re lending support,”Ensler said.
SHEREE BEGA
SOUTH Africa’s soaring tradein lion bones and skeletons isfuelling and stimulating de-mand for tiger parts by perpet-uating the consumption of bigcats in Asia for tonic or medic-inal purposes.
This is according to RichardHargreaves, a UK lawyer whospecialises in matters relatingto big cats, in his submission tothe Convention on Interna-tional Trade in EndangeredSpecies (Cites).
Not only was the trade inlion body parts for medicinalpurposes a threat to Africa’slion populations, but it was athreat to wild tigers and Asianlions in India, he said.
Hargreaves urged a Citesannual meeting last week tosuspend all exports of lionparts from South Africa toChina, Lao People’s Democra-tic Republic and Vietnam. “Theinternational community havedone absolutely nothing to
even remotely question, letalone address this trade at theirannual meeting last week,”said Hargreaves.
In 2012, South Africa ex-ported 118 lion skeletons aloneto China, Lao People’s Democ-ratic Republic – which ac-counted for 108 – and Vietnam.
Observers of the lion bonetrade argue that there is a mar-ket for lion body parts, and itwill grow as the market forivory and rhino horn hasgrown.
Magdel Boshoff, acting di-rector of threatened and pro-tected species at the Depart-ment of Environmental Affairs,said commenting on whetherthe local lion bone trade wasstimulating demand in Asiawas beyond her expertise.
“I don’t know of a compre-hensive study looking at the di-rect link between the poachingof tigers and the trade of lionbones in SA… It’s legal that aperson can trade in bones. Lionbones are a by-product of the
hunting trophy and are avail-able for trade.
“We don’t have evidencethat the captive lion industry isleading to the extinction of lionpopulations in other coun-tries,” she adds.
There are 3 155 wild lions inSouth Africa, and so the popu-lation should be regarded as of“least concern”. A study by theSA National Biodiversity Insti-tute found that trophy huntingof lion has no detrimental im-pact on the wild population be-cause less than 10 are hunted ayear.
“We know the captive lionindustry is an emotional issue.But when we develop legisla-tion, emotions are not relevant.We can only develop legislationwithin the legislative mandateof the department. We cannotlet emotions dictate what is le-gal and not legal.
“I think for everyone thelion is a majestic animal. It’sone of the Big Five species. Onewouldn’t want to see it in cap-
tivity. But those considerationsare not sufficient for the minis-ter to say we cannot allow thekeeping of these animals incaptivity.”
But Chris Mercer, of theCampaign Against CannedHunting, said the governmentwas still in denial that lion farm-ing was causing a poaching pan-demic of wild lions in neigh-bouring territories. Promotingthe lion bone trade would hastenthe extinction of wild lions insouthern and east Africa.
Boshoff said lion hunting,for example, may pose a threatto wild populations in otherparts of southern Africa where“no captive industry exists”.
“In any industry, there willbe things done illegally, butthat doesn’t mean the whole in-dustry is doing that.
“We have heard mothers arebeing killed in the wild andthen their cubs are removedand put in these breeding facil-ities to augment genetics, butthese are isolated incidents.”
● In 2012, 617 lions werehunted for trophies in SA. ● The average price per lionhunt was $24 750.● The total incomegenerated from species feesfor lion was about R125million.● The total incomegenerated by trophyhunting was about R807million.● In 2008, there werealmost 180 lion-breedingfacilities in SA. That figurehas “boomed” according tothe Campaign AgainstCanned Hunting (Cach).● Cach estimates over 1 000farmed lion are hunted ayear.
Source: Department ofEnvironmental Affairs/CachCREATING AWARENESS: The trade in lion bones and skeletons could stimulate a demand for
medicinal products from big cats in Asian countries.
LIONSTATISTICS
Lion bone trade threatens big cat populations in Asia, says lawyer
THABISO THAKALI
FORMER Gauteng officialswho allegedly defrauded theprovincial department ofhealth of more than R16 mil-lion in tenders are yet to bebrought to account, four yearsafter an investigation by Spe-cial Investigations Unit (SIU)began.
Last week marked exactlyfour years since then-actingpresident Kgalema Motlantheordered the SIU to investigateany serious maladministra-tion, unlawful or irregular ap-propriation or expendituresince 2006 in the awarding ofcontracts worth R1 billion.
At the time, Parliamentheard that officials in the Na-tional Treasury had hired aprivate forensic auditors’ firmto look into the Gauteng De-partment of Health after it hadoverspent by R722m, but stillhad bills of R573m to pay in2008/09. The department’sbudget in that financial yearwas R13.8bn.
The investigation arosefrom problems identified in theauditor-general’s report on thedepartment for the 2007/2008 fi-nancial year.
Last week DA Gautengspokesman on health JackBloom asked MEC QedaniMahlangu what progress hadbeen made in the investigationby the SIU and what steps werebeing taken to assist the expedi-tion of the matter.
Mahlangu said in a writtenreply: “We have not met withthe SIU as yet. However, a meet-ing has been requested whichawaits their confirmation. Wewill furnish the legislature withall the relevant information.”
Bloom said it was “scan-dalous” that the investigationhad dragged on for so long.
“It’s a sorry state of affairsand a frustration on our partthat nothing has happened on
this matter till now. “That period has left the
Gauteng Department of Healthpoisoned until today. In the be-ginning there were criminalcharges laid but now peoplethink they will get away withit.”
Equally frustrated by the de-lay in the probe is CorruptionWatch, which has claimed itwas told the investigationwould be concluded by the endof last year.
According to Nicola Whit-taker, a written response fromthe SIU in May indicated thatthe probe would now be com-pleted by the end of this month.
This came after CorruptionWatch and the Treatment Ac-tion Campaign threatened legalaction to force the SIU to grantthem access to informationgathered during its investiga-tion into mismanagement andcorruption between 2006 and2010.
In 2012, The Star reportedthat a forensic auditor’s reportreferred to the SIU to investi-gate former health departmenthead Sybil Ngcobo, formerchief financial officer FanuelMeso and former deputy direc-tor-general ObakengMoekeletsi after they were im-plicated in acts of corruption.
Among the major deals theSIU was asked to probe was theprocurement of services andcontracting with consultants tothe value of R779 500 for prepa-ration of the 2007/2008 budgetfor the department.
Also under investigationwas the R273m extension of 3PConsulting’s contract, whichwas declared valid by the Jo-hannesburg High Court afterthe department accepted theauditor-general’s recommenda-tion that it be reviewed.
SIU spokesman Boy Ndalahad not responded to questionsfrom the Saturday Star at thetime of going to print.
No action taken in alleged healthdepartment fraud
RUTH HOPKINS
THE DEPARTMENT ofJustice and Correc-tional Services is flout-ing a landmark ruling
on the government’s responsibility for curbing thespread of tuberculosis in pris-ons.
The Constitutional Courtruled on December 6, 2012 thatthe state had failed to protectinmate Dudley Lee from con-tracting TB in PollsmoorPrison.
But now three inmates whocontracted the potentiallydeadly disease under similarcircumstances to Lee in pris-ons in the Western Cape are be-ing told the department is notliable.
The department is not onlyignoring a ConstitutionalCourt decision, it is renegingon its promise to settle casessimilar to Lee’s.
Two of the three former inmates, Zaid Seedat and GlenSpencer, are represented byLee’s attorney, Jonathan Cohen.
The State attorney, CJBenkenstein, wrote to Cohen in2009, asking him to remove See-dat and Spencer’s matters fromthe roll. “If you are successfulin the Lee matter,” he wrote,“the other two matters may besettled.”
The Lee matter was success-ful. The Constitutional Courtruled in his favour and Lee wasawarded R270 000 in damages,which he received in November,several months before he diedon May 21 this year.
But instead of sticking tothe promise and settling thecases of Seedat and Spencer(Seedat was hospitalised inPollsmoor with Lee), the de-partment has denied liabilityand has not offered a settle-ment.
It will now go to court.
Lee, who was incarceratedfrom 1999 to 2004, was eventu-ally acquitted of the fraudcharges against him.
He then sued the ministerfor negligence in the WesternCape High Court, that ruledthat the Department of Correc-tional Services was liable forthe damages Lee suffered as aresult of TB. The departmenthad violated its own standingorders in the field of healthcare and Lee’s constitutionalrights.
The Supreme Court ofAppeal overturned the decisionbecause it held that Lee couldnot prove the state’s negligencehad caused hisTB infection.
The Consti-t u t i o n a lCourt’s deci-sion containedthe last wordon this issue ofcausation. Itagreed withthe high court,saying although it was impossi-ble for Lee and others similarlyplaced, to prove how and fromwhom he had contracted thedisease, that didn’t matter –the state was still responsible.
In Seedat’s case – a co-ac-cused of Lee – the minister ofcorrectional services denied allegations that the departmentwas responsible for the spreadof tuberculosis in prisons.
In the pleadings, the minis-ter went on to state that allrules and regulations were upheld by the department.
However, researcher RobinWood at the Desmond TutuHIV centre found in 2011 thatthe conditions in PollsmoorPrison were conducive to con-tracting TB: damp, over-crowded and poorly ventilatedcells and sketchy or non-exis-tent screening of incoming inmates led to a 90 percent
chance of transmission.If the department had com-
plied with its own standing or-ders relating to cell occupancy,the spread of the disease couldbe decreased by 30 percent.
If international guidelineswere adhered to, it could behalved, according to the researchers.
The research was acceptedas supporting evidence in theLee judgment.
Lee described Pollsmoor as“a pigsty, a madhouse and ahealth time bomb”. He said hehad to bribe warders to takehim the doctor for life-savingmedication.
“I agreed toremove Seedatand Spencer’scases from theroll as the stateattorney indi-cated they wouldtreat these casesa c c o rd i n g ly, ”said Cohen.
“I’m sur-prised to find out the state is re-peating its argument about thefactual causation of the TB in-fection,” said Cohen.
The department claimed, inits defence in the Lee matter be-fore the Constitutional Court, itwas afraid a positive rulingwould open up the floodgatesfor many other prisoners tocome forward and claim dam-ages from the state.
That assumption is not un-realistic as the pulmonary dis-ease is the No 1 killer in SouthAfrican jails and the spread islargely due to prison over-crowding and poor ventilation.According to the Judicial In-spectorate for Correctional Ser-vices, 110 of the 800 naturaldeaths in prisons in 2011 and2012 were caused by TB.
Cohen represents just threeclients who are suing the gov-ernment for its negligence incurbing the spread of TB in
prisons. His third client, Nassiera
James, contracted TB while shewas incarcerated in Pollsmoorfor nine months in 2009, also onfraud charges.
In its pleadings in her case,the Department of Correc-tional Services stated it couldnot be held accountable for herinfection as another prisonerhad caused the infection. Sheshould sue that prisoner, itsaid.
“The spread of TB in jails isnot merely a correctional issue;it is a public health emer-gency,” said action group Sec-tion 27 at the fourth SouthAfrican TB conference held inDurban last month.
South Africa has one of thehighest TB figures in the worldand of the aproximately half amillion new cases of TB a year,about 15 000 are drug resistant.
The department has recog-nised that the prevalence of TBamong inmates is probablythree to seven times higherthan among the general popula-tion. With high turnover ratesin severely overcrowded pris-ons, disease most likely spreadslike wildfire.
The government has re-sponded to the TB crisis byforming a national task teamon TB in prisons with cross-sec-torial governmental membersas well as representatives fromcivil society.
Machines to improvescreening and detection of thedisease have been installed inseven prisons.
Despite these steps, depart-ment director for health MariaMabena recently said the de-partment employed only eightdoctors nationwide to look af-ter the entire country’s prisonpopulation. Forty doctors’posts within the departmentare unfilled.
● Hopkins is a journalist
with the Wits Justice Project.
DEPARTMENT LIABLE: Dudley Lee’s case highlighted theresponsibility of the state to maintain and safeguard theconstitutional rights of detainees. PICTURE: MICHAEL WALKER
‘Cancer made me a greater person’
SURVIVOR: Author and playwright Eve Ensler speaks about her fight against cancer.
Concourt prison TB ruling floutedPrisoners should sue other prisoners, says Correctional Services
I’m surprised tofind out the state
is repeating itsargument
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