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Understanding the Distinctions and Challenges in Prison: Remand vs Sentenced Inmates

16/11/2023

Understanding the Distinctions and Challenges in Prison: Remand vs Sentenced InmatesDean Mashimbwe, a Zimbabwean migrant residing in Cape Town, was incarcerated at Pollsmoor Correctional Centre from 2016 until 2017.

by Dean Mashimbwe

16-11-2023 10:33

in Prison Journalism

Prison. Image via unsplash

A remand prisoner is someone held in custody while waiting for their trial or sentencing. A remand prisoner may be held in prison, or in police cells, court cells, or psychiatric facilities as required. The court decides if the accused gets bail or not. Sentenced inmates are persons who have been committed by a court to an adult correctional institution as the result of a conviction in formal criminal proceedings. When given a prison sentence or remanded in custody, the prisoner will be taken from the courtroom to holding cells to await transfer to prison. At this time, contact with family and friends is not allowed, and the prisoner will not be told which prison they are going to.

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Gang Culture and Forced Decision Arguably one of the most horrible places a new offender would not want to be in. Most, if not all, are overcrowded, and petty criminals get mixed up with career hardcore criminals where a cell meant to house 5 inmates is mostly inhabited by 50 or more. Most are also controlled by gangs, popularly known as the numbers gang (i.e., the 28's, 26's, etc.). Upon entering, they don't force you to join a gang; it becomes your choice. However, in most cases, you do join because without the protection of the gang, you are regarded as an easy target. Joining a gang is also not just a matter of saying Yes, I'll join'; you have to spill someone's blood to get in, either by killing another prisoner or a warder, which then means a very long prison sentence where you're stuck with them. The most feared thing about SA jails is being gang-raped by prisoners, and rape is the main torture method used by gangs.

ALSO READ: A Glimpse into Prison Life: Challenges and Survival

The Journey from Court to Prison It's the last place you ever want to find yourself in. A lot of assaults happen in the van that takes you from the courtroom to the prison. You might even be raped or stabbed, as you are in a confined space and screaming won't help. The officers are used to this, and most would ignore you. You will almost for sure be robbed of whatever you have with you. Sometimes the officers/wardens are also secret gang-members themselves, so they would secretly be on the side of the gangsters who assault or rape you, or they simply don't want to get involved.

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Strategies for Survival in Overcrowded Cells Cells are extremely overcrowded, and you are basically at the mercy of the gang leader in the cell. The best thing to do is to wait it out a bit to make sure you identify who is the boss in the cell, then approach cautiously and negotiate a deal. Usually, that if they leave you in peace, you'll make sure they get some cigarettes (prison's main currency ). This can only work if you have money and a friend outside who can bring in the cigarettes, often smuggled in through one of the officers. Your friend can also legally pay in a small amount of money on your name, and on certain days, you are allowed to go to the canteen to buy things, mostly candy or cigarettes.

ALSO READ: Prison journalism: Challenges In Pollsmoor Healthcare Facilities

Navigating Gang Protocols and Protecting Oneself The gangs have strict protocols, and for your safety, you should align to it without compromising your sanity or body. For example, when entering a cell already full of prisoners, you go and sit down just in front of the cell door, even if you see an open bed or cell bunk. Do not take any gift from anybody, especially not in a crowded cell; it is often a test to see how receptable you are to being raped later. Rather, you give for free, so if they take your gift, they will know they owe you.

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Understanding Gang Dynamics and Seeking Survival There are two main prison gangs in every prison: the 26's (usually the majority, focusing on robbing and killing, occupying the left side of a cell), and the 28's (usually the minority, occupying the right side of a cell). If you are not a gang member, they will call you a frans (freshman), and expect you to be at their beck and call. The advice is to refuse to become their slaves; act like a hardened criminal yourself to have a chance of survival.

Good news is, with time, they get used to you, so keep up your appearances. All things come to an end, and this too, however traumatic, will end.

DISCLAIMER: Submission published as received

RESTORE is an NGO based in Cape Town, South Africa, providing inmates at Pollsmoor Prison with restorative justice opportunities.

If you have any questions you would like to ask our prison journalists, WhatsApp us on 060 011 0211.

Do you have contact with a prison inmate who would like to write for The South African website? If so, send an email to info@thesouthafrican.com or a WhatsApp to 060 011 0211.

You can also follow @TheSAnews on Twitter and The South African on Facebook to get the latest prison journalism articles.

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