Thirteen alleged members of the rightwing Boeremag organisation brought an urgent application in the Pretoria High Court on Wednesday to stop prison authorities from ”tormenting” them with radio broadcasts.
Piet Pistorius, for the men, said his clients were being victimised by ”excessively loud” broadcasts over the C-Max prison’s audio system.
This ”psychological torture” impacted on their trial with nine co-accused, on 42 charges related to an alleged attempt to overthrow the government.
”One of them nearly committed suicide,” he told judge Eberhard Bertelsmann.
Pistorius complained about the fact that the hearing could not get under way immediately due to the respondents’ failure to file replying affidavits.
The respondents are the minister and commissioner of correctional services, the head of Pretoria maximum prison, the Directorate of Public Prosecutions and the other C-Max inmates.
Until the matter was heard, Pistorius said, his clients had to continue enduring the radio ”bombardment” from 6am to 9pm every day. Radio stations played over the sound system were Metro FM and Jacaranda 94.2.
Graham Bester, for the respondents, said the wording of the applicants’ notice of motion led his clients to believe they only needed to file affidavits by next Tuesday.
Bertelsmann accused the respondents of taking a technical stand when it was clear the applicants wanted immediate relief.
He ordered them to file replying affidavits by Thursday morning.
The matter would be heard as soon as possible after 2pm on Thursday.
The application had to be disposed of before the Boeremag treason trial resumed on Tuesday, the judge said.
”I will not allow a major trial to stand down any further because of this. If needs be, we will sit over the weekend.”
Pistorius told the judge that each inmate in that particular section of C-Max had his own radio. The application would therefore not impact on the rights of other prisoners.
According to Bester, prison authorities denied that the broadcasts were too loud.
They would also argue that the application was premature as the 13 men had not exhausted remedies available to them in prison.
He said his clients would welcome an inspection by the judge of the prison to experience the radio broadcasts for himself.
Pistorius, however, pointed out that the volume of the broadcasts could be adjusted. The only answer was to stop them completely. — Sapa