Johannesburg – An East London man, Uhuru Qele, has been given another jail sentence after spending 10 years of his life in prison for a crime he did not commit.
In the second incident, Qele was sentenced to six months imprisonment last month after he was found guilty of assault with intent to cause grievous bodily harm.
The assault occurred during his unlawful imprisonment, and Qele believes that it was allegedly a set-up by a Correctional Services official Buziwe Matiti, who is a relative of Siyabonga Matiti, whom he and four others were accused of killing.
Qele’s ordeal began in 2009 when he was accused of killing Matiti, who worked as a bouncer at a tavern in Mdantsane.
He said that the police had told him they had arrested his younger brother, Sandile Qele, and the only way for him to be released was if he signed an incriminating statement.
Though none of the state witnesses implicated him and no evidence implicating him was led in court, the judge sentenced him and his co-accused to 45 years imprisonment.
They appealed the sentence and the appeal was heard in 2010, but the appeal judgment was delivered in January 2019, by then he had already served 10 years in prison.
In prison, Qele claims his life was turned into hell by prison warder Matiti.
“We reported this to the management of the prison and to a psychologist, Ayanda Xabakashe, who was assessing me and the other inmates.
“Xabakashe also issued a report making recommendations that we are moved to a different unit of the prison.”
He denies assaulting Matiti and said there was a scuffle between Matiti and his cousin Orapa Qele, who was sentenced along with him for the murder of Matiti’s relative.
“I was trying to separate them, but she reported that we had assaulted her,” said Qele.
During his first imprisonment, Qele contracted tuberculosis and pneumonia. His father, Vuyisile Qele, has expressed disappointment at the justice system for failing his son for the second time.
He said: “He has been ill, in and out of the hospital because of wrongful imprisonment.”
The Justice and Correctional Services Department said it was investigating the matter and will be seeking the intervention of the Judicial Services Commission.
The department’s spokesperson Chrispin Phiri said: “The ministry is concerned by the allegations. The department will follow up with the judicial inspectorate for correctional services to establish whether a complaint has been formally lodged with them.
“Even more disconcerting is the period of nine years in between the appeal being heard and the delivery of the outcome of the appeal. A delay of this magnitude cannot be condoned under any circumstances and warrants full accountability from all the parties involved. This will be vigorously sought by the ministry.”
