Three inmates at Boksburg Prison decided to defy warders by protesting against the poor food. In return, they were forced to eat human faeces by three warders - two of whom were acquitted and a third given a warning.

Now, in a letter leaked to The Star, Minister of Correctional Services Nosiviwe Mapisa-Nqakula has been asked to review the case of the warders, with Judicial Inspectorate for Correctional Services Judge Deon van Zyl strongly wording his dissatisfaction with the punishment meted out.

The three inmates decided to protest by throwing faeces into the food bins of inmates waiting to be served.

The incident was reported to warders Buitendag, Mthembu and Matunda.

"These members of staff, instead of dealing with the incident procedurally, then themselves committed what can only be described as gross human rights violations in that they not only forced the three inmates to eat the food containing the human faeces, but also assaulted them," read Judge Van Zyl's letter.

An internal investigator found overwhelming evidence against the three warders and recommended disciplinary action be taken against them.

In February, Buitendag appeared before a disciplinary committee, where he was issued with a final written warning. Mthembu and Matunda appeared at a similar hearing in April, where they were acquitted.

Judge Van Zyl expressed his "grave difficulty" with the acquittal of the two warders and viewed Buitendag's punishment as "grossly inappropriate".

"I believe that the nature of the conduct of the said members amounts to a serious violation of the inherent right of the inmates in question to have their dignity respected and protected in terms of section 10 of the constitution.

"In addition, the conduct constituted a prima facie case of crimen injuria and assault, for which I believe the said members should have been criminally charged."

Deputy shadow minister of correctional services Albert Fritz, of the DA, said he had been contacted by inmate MJ Khareba about the matter.

"We find it disgusting and horrendous that officials within the department can go to these lengths to punish people instead of using proper disciplinary procedures.

"Proper action taken should have been taken against these members.

"I will be asking the minister for clarity on a number of questions regarding this matter," said Fritz.

The Department of Correctional Services was yesterday not familiar with the details of the incident, and at the time of going to press was not able to provide comment.

The department has come in for intense scrutiny in recent years, with the Jali Commission of Inquiry hearing that, according to the prison disciplinary code, an assault by a warder on a prisoner was regarded as "negligence".

"These guys (warders) got a slap on the wrist but the prisoners are lucky to be alive," said Golden Miles Budhu of the SA Prisoners' Organisation for Human Rights.

Incidents like that at Boksburg, and worse, occurred regularly, with the inspecting judge left with little power because the warders were employed by the Department of Correctional Services.

"What normally happens in cases like this is that prisoners get so brutally assaulted, they die from their injuries, and nothing happens," said Budhu.

By IOL