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WARDERS ACCUSED OF COVERING UP RIOT

By NKOSINGIPHILE MYENI AND ANDILE DLAMINI | 2023-01-13

SIDWASHINI Correctional Services facility warders are accused of covering up a riot by inmates that was allegedly caused by an argument over a girlfriend.

One of the three inmates facing charges of a foiled prison break, Bonginkhosi ‘Skyper’ Dlamini claimed that a warder, whom he identified as Sibusiso Magagula, was provocative and blames him as the cause for the riot.

Dlamini said Magagula repeatedly told him that he saw his girlfriend coming out of the residential quarters of the officers.

He said this infuriated him and he found himself man-handling Magagula.
“I confronted him and held his arm and told him to desist from saying those things. He then hit me and kicked me, saying I should return where I came from,” he said.

According to Dlamini, the other warders did not notice the confrontation between Magagula and him but rushed to defend one of their own.

Dlamini, who was arrested with Gugulethu Ngwenya of South Africa and Mpendulo Msibi of Mkhondvo, stand accused of planning and attempting a prison break at Sidwashini correctional facility on October 17, 2018.

They made their submissions during their appearance before acting High Court Judge, Fikile Hlophe.
These are allegations whose veracity is yet to be determined by the court.

The inmates claimed that at least five warders colluded in laying the charges against them, pinpointing Magagula as the one who caused the riot, which resulted in shots being fired.
The suspects are facing seven counts, which they deny.

They argued that Magagula had a case to answer of instigating the riot and that his colleagues were allegedly protecting him.

The warders, including Magagula, appear in the charge sheet as complainants and have been paraded as the Crown witnesses.
The inmates questioned the evidence presented by the Crown, arguing that it was not convincing.

They argued that the medical reports of the alleged assaults do not show of grievous nature warranting the sworn statements.

Also, they said there was no evidence of fingerprints in the facility for the charge of malicious injury to property. They argued that Magagula acted negligently and deceived his colleagues by not informing them that he wrestled with Dlamini.

Dlamini claimed that Magagula allowed him to exit the first gate to throw away rubbish while unsupervised and not in shackles. “I wondered too that I could walk out without the shackles,” he said.

He said all along Magagula was standing at the gate and allowed him to go out.
He argued that the provocation then ensued and that he responded, which resulted in them engaging in a physical confrontation.

According to Dlamini, Magagula, who at that time had thrown down his keys, shouted for help and that he was being attacked.
“I never ran away. I was called by Magagula, who had his unknown motives. When the other officers came to us he threw down the keys.

I tried going to the assembly point but it was locked. I took the keys from the ground and went to find help. I went straight to the second gate where I met another officer Saneliso Maziya. I told him what happened and he accompanied me back in,” he said.

Another suspect, Msibi said the riot began when they were lined up to make phone calls.
“It seems the events were staged by the officers. It was the first time witnessing it. They all collaborated to fabricate the charges. I never held a spade with my hands. I dispute assaulting anyone with it,” he said.

Msibi said Sergeant Sikhumbuzo Mhlanga should have submitted the list of phone numbers they were suspected to have called to plan the escape.

He argued that the officers wanted to assault them and they ran for cover inside the prison with the officers Nokukhanya Dlamini and Zeni Mndzebele shielding them.
He further claimed that the warders attacked them after they broke down the door of the office they were in.

According to Msib,i a contingent of warders opened fire unwarrantedly, severely assaulted inmates and pinned charges on the three of them to clear their names.
Msibi said a number of inmates were injured and were allegedly denied access to the hospital for treatment.

He called for the presentation of the prison’s CCTV camera footage as evidence in court.
The suspects said they tried to run to the assembly point, where inmates were reminded to rush to whenever there was suspicious activity but never made it.
Acting Judge Hlophe is now anticipated to deliver her judgment on the matter on February 28.

The seven charges against them:
On the first count, they were charged with contravening section 83(1) of the Correctional Services Act of 2017 in that they attempted to escape from the lawful custody of Magagula.
On count two, they are accused of contravening the same section in that they escaped from Magagula’s custody.

On count three, accused number three (Dlamini Skyper) was charged with assaulting Magagula by grabbing his arm and assaulting him.
On count four, they were charged with assault with grievous bodily harm in that they attacked Zakhele Malindzisa.

Count five was for common assault in that they assaulted Nokukhanya Dlamini.
Count six was for assault in that hey assaulted Zeni Mndzebele.The last count was for malicious injury to property to the value of E20 000, which was in the lawful possession of Dumisani Dlamini.

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