Prisoner claims unlawful detention

THE Windhoek Central Prison has been accused of keeping a man in jail despite him having paid the fine that he was ordered to pay by the court.

In a letter to National Society for Human Rights (NSHR), Olivier Mukendi Mukuna, said when he was convicted on September 1 last year at the Tsumeb Magistrate’s Court, he was sentenced to three years imprisonment with an option of a N$9 000 fine. Mukuna said he paid N$5 800 cash to the Prison cash account.He could not be released from jail pending the payment of the balance.In October last year he was transferred to the Windhoek Central Prison.Soon after that his family had managed to raise the cash to pay off the remainder of the fine.”On 15 February 2006, my brother brought the balance in order to pay my fine.But he was told by the clerk on duty at the cash office that I did not have any money in my Prison account and that all the monies had been withdrawn,” said Mukuna in the letter addressed to the NSHR.He alleged that it later turned out that a fellow inmate had been fraudulently withdrawing money from Mukuna’s Prison account.The withdrawal forms were apparently endorsed and approved by a senior official at the Windhoek Central Prison.A Superintendent at the Windhoek Central Prison, Magnaem Lazarus, said authorities at the jail were aware of the matter.She however declined to comment, saying the matter was still being investigated.Detective Inspector Phelem Masule of the Anti-Corruption Commission (ACC), confirmed that the matter had been reported to them by Mukuna’s brother.However, after considering the case, the ACC said it did not have the mandate to deal with the matter and suggested that Mukuna’s brother approach the Prisons authorities.Mukuna said he paid N$5 800 cash to the Prison cash account.He could not be released from jail pending the payment of the balance.In October last year he was transferred to the Windhoek Central Prison.Soon after that his family had managed to raise the cash to pay off the remainder of the fine.”On 15 February 2006, my brother brought the balance in order to pay my fine.But he was told by the clerk on duty at the cash office that I did not have any money in my Prison account and that all the monies had been withdrawn,” said Mukuna in the letter addressed to the NSHR.He alleged that it later turned out that a fellow inmate had been fraudulently withdrawing money from Mukuna’s Prison account.The withdrawal forms were apparently endorsed and approved by a senior official at the Windhoek Central Prison.A Superintendent at the Windhoek Central Prison, Magnaem Lazarus, said authorities at the jail were aware of the matter.She however declined to comment, saying the matter was still being investigated.Detective Inspector Phelem Masule of the Anti-Corruption Commission (ACC), confirmed that the matter had been reported to them by Mukuna’s brother.However, after considering the case, the ACC said it did not have the mandate to deal with the matter and suggested that Mukuna’s brother approach the Prisons authorities.