Serial killer put in his place

Johannesburg - South Africa’s worst serial killer has failed to manoeuvre his way back to Joburg, with a judge dismissing a court action he brought against prison authorities as baseless.

Moses Sithole, serving 2 410 years for 38 murders and the rape of 40 women, had challenged his transfer from Sun City (Johannesburg Prison) to a private facility in Mangaung, Free State. He argued that the move was inhumane, inconsiderate and unconstitutional.

Sithole presented his case before the Johannesburg High Court’s Judge Mathilda Masipa on Wednesday, arguing that he was never consulted before the move that “inconvenienced” him.

“For 15 years I was in prison, I never violated any policy of the DCS [Department of Correctional Services]. I’ve completed three of the programmes… including anger management. I’ve always tried to co-operate,” said Sithole.

Not only were his rights to be incarcerated at a prison closer to his loved ones infringed as per provisions of the Correctional Services Act of 1998, but he had also lost his right to study.

“When you move to another place you have to reapply at varsity. I have lost money and now owe the university R1 000 because of the move. I must [also] reapply to have a computer so I can study.”

But counsel for the DCS, advocate Zinhle Buthelezi, argued that Sithole’s claims were baseless and that his application should be dismissed.

“Mr Sithole is a high-risk prisoner and the Joburg centre is not suitable for him [because of] overcrowding. It is currently 200 percent overcrowded.

“It will not serve any purpose to keep an inmate at a prison which is overcrowded, where he will not receive necessary rehabilitation programmes because of shortage of resources. “High-risk prisoners can’t be kept in an overcrowded prison,” said Buthelezi.

Addressing Sithole’s claims that he was not consulted before the transfer, he said:

“With high-risk prisoners you can’t tell them before they are transferred. Next thing you’ll have people waiting for you along the way.”

Sithole brought his application along with South American Erick Jhon Jungbluth Guerra, a maximum prison inmate serving a 15-year jail term for a drugs-related offence.

The Peruvian told the court the transfer affected his studies, and the support he got from friends and the embassy.

When the joint application was dismissed, Sithole asked Judge Masipa to rule that they should be moved back to the Pretoria facility.

“Your application as it stands has no merit and is dismissed,” said the judge.

omphitlhetse.mooki@inl.co.za

The Star