WC High Court Rules against Correctional Services over inmate injury linked to kettle in prison

Correctional services officials provided a kettle to inmates in a prison cell, intending it as a “humanitarian” act.

However, the kettle was later used as a weapon when boiling water was poured down the throat of fellow inmate Nathaniel Hendricks, a leader of the notorious 28-prison gang.

As a result, the Western Cape High Court has ruled that the ministry of correctional services is liable for damages, which will be determined at a later date, costing taxpayers significantly.

Hendricks held the department liable for the injuries he had suffered in April 2018 in cell C6D in the Goodwood prison. The assault was inflicted on him by his own gang members and he was eventually rescued by members of a rival gang, who share the communal cell.

Hendricks, who is said to be no stranger to prison life, was at that stage detained awaiting trial on a charge of murder. He was a senior member of the 28-prison gang and upon admission at Goodwood, he had chosen to be placed in a cell with his own, as well as rival gang members.

Because of his seniority, Hendricks was very close to the end of the cell. This placed him closer to the electricity network point where the kettle was boiled and illegally obtained cellphones were charged. 

Goodwood prison employed what they called a privilege package system. Guards decided to provide the detainees of a cell with a kettle in accordance with that system. It was provided to allow the inmates to prepare food including noodles, instant cereal porridge or to prepare tea or coffee. 

It was said that the officials conducted regular inspections to ensure that the kettle was safe for use. Higher ranking gang members, including Hendricks, controlled the use of the kettle and cigarettes as well as illegally obtained cellphones and drugs in the cell.

At the time there was a disabled person who shared the cell, who used crutches which were kept in the cell for his use.

On the day of the incident, members of his own gang attacked Hendricks. He was held onto the bed and his mouth forced open. They poured boiling hot water into his mouth, down his throat and onto his face and body. He was also beaten with the metal crutches and members of the 26 gang eventually came to his rescue. Hendricks was taken to hospital.

Judge Daniel Thulare commented that there is no record that the head of Goodwood prison applied his mind to the risk of allowing a kettle to facilitate the availability of boiling water in cell C6D, where gangsters detained for allegedly committing serious violent crimes were held.

He also found that it was in violation of the standing order and the manual on the privilege package system.

“There was no justification for the provision of the kettle. The prison officials ought reasonably and practically to have prevented harm to the plaintiff, the judge said.

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