The Western Cape High Court has dismissed an urgent application by alleged 28s gang boss Ralph Stanfield, who challenged his transfer between correctional facilities and claimed his rights were violated.
Stanfield challenged his movement from Pollsmoor Prison to Brandvlei Prison, and later to Helderstroom Correctional Centre.
He claimed he was kept in solitary confinement for up to 23 hours a day and suffered psychological distress.
The application was brought in April against the Minister of Correctional Services, the regional correctional authorities, and the heads of the Brandvlei, Helderstroom, and Pollsmoor prisons.
Court finds transfers lawful
The court found that Stanfield’s rights had not been violated by the transfers.
“The respondents have provided legitimate and justifiable reasons for the applicant’s transfer or movement from Pollsmoor to Brandvlei and Helderstroom,” the judgment said.
The court concluded that the transfer was lawful and justifiable.
Each party was ordered to pay its own costs.
Authorities cite security concerns
Correctional Services authorities argued that Stanfield was a high-risk and high-profile remand detainee.
They said he had alleged links to organised crime, the Firm gang and the 28s prison gang, which has a strong presence at Pollsmoor.
Authorities also raised concerns about his possible influence inside Pollsmoor and the ongoing trial involving alleged underworld figure Nafiz Modack and others.
They said it would have been irresponsible to keep Stanfield at Pollsmoor because of risks to safety and order.
Solitary confinement claim denied
Stanfield argued that he had not received proper reasons for his transfer and had no opportunity to make representations before being moved.
He also denied that his life was under threat at Pollsmoor.
Correctional Services denied that he was placed in solitary confinement.
Authorities said he was kept in a single cell at Helderstroom as a remand detainee for safety and security reasons, separate from sentenced prisoners.
They said he had access to exercise, visits, phone contact with relatives and legal consultations.
Officials also said Stanfield faced disciplinary action at Brandvlei after a cellphone charger, a cellphone and four memory sticks were allegedly found.
Stanfield and his wife, Nicole Johnson, along with co-accused, face 41 charges under the Prevention of Organised Crime Act, including murder, attempted murder, fraud, illegal possession of firearms, unlawful ammunition possession and conspiracy to commit murder.