Boeremag trialists' privacy bid fails in court
Six of the Boeremag treason trialists in C-Max prison will have to put up with warders watching them around the clock, the Pretoria High Court ruled on Thursday.
Judge Charl Rabie turned down a bid by six of the 21 accused for an order to allow them to paste paper over windows in their cells.
The accused claimed they could not get a proper night’s rest because of the bright lights shining into their cells at night. They contended that their privacy was violated when they dressed and used the toilet.
Warders also “harassed” them by shining torches into their eyes at night, the six complained.
Rabie dismissed their claims after personally inspecting their cells one night, and even lying down on one of the accused’s beds.
“The applicants want complete privacy when they dress and use the toilet in their cells,” the judge said.
“The applicants are fortunate that they are detained in single cells and that they do not have to use the toilet or dress in the presence of many other prisoners.”
Rabie said if he allowed them to cover the windows of their cells, it would completely negate the right of the Department of Correctional Services to observe prisoners at all times. This would prevent the department from complying with its statutory and constitutional obligations.
Prison authorities opposed the application, saying the Boeremag accused were regarded as high-risk awaiting-trial prisoners. Special security arrangements had to be made in their case, requiring strict compliance with the security rules and procedures.
The treason trial started in 2003 and the end is not yet in sight, although the state has already closed its case.—Sapa
