State bungle gives man five years of jail hell

WRONGFULLY convicted of murder at the age of 18, Jonathan Zealand leapt for joy when his sentence was set aside on appeal.

His mother called the maximum security prison where he was being held to say she was waiting for him at home.

But five years later they were still waiting for him to be released - victim of an apparent bureaucratic mistake that cost Zealand the best years of his life.

Now 27, angry, and covered in tattoos after being forced to join a violent prison gang, Zealand is suing the state for R10.5-million.

"They owe me my life," Zealand said this week. "They took away my freedom. There are things that happened in prison that I can't even talk about."

Zealand and his attorney have served summons in the Port Elizabeth High Court against both the Minister of Correctional Services, Ngconde Balfour, and the Minister of Justice and Constitutional Development, Brigitte Mabandla. The matter is expected to be heard in June.

State attorney Johan Coetzee this week admitted the state had erred in keeping Zealand behind bars for five years. However, he said the state would contest the claim on the grounds that Zealand was also imprisoned as a result of "other charges" - which had subsequently been withdrawn.

"We admit that there was a mistake, but we say that for four and a half of those five years he was in jail as a result of other warrants." He said it was unclear why these other warrants had been withdrawn.

Zealand's lawyer, Lunen Meyer, said Zealand had only ever been a co-accused in one other case, in which all the accused were released on warning.

Said Meyer: "The state failed in their legal duty to inform the prison authorities of my client's successful appeal."

Zealand's repeated attempts to take the matter up with prison authorities fell on deaf ears, Meyer said. "What could he do in that position? Every time he complained he was told to talk to his attorney."

Sitting in Meyer's Port Elizabeth office this week, a sullen Zealand - once a taxi conductor in the city's northern suburbs - described his five-year nightmare inside St Alban's maximum security prison, a notorious home to two feared prison gangs, the 26s and 28s.

He said he was forced to join the 26s "just to survive" and to protect himself against repeated sexual assaults. He said despite knowing he was innocent he gave up hope of release.

Said Zealand: "It was a huge shock. When I told people I was innocent they said, 'Ja, sure - everybody says that.' "

Although reluctant to speak in detail about his gang experiences, he said he was required to make certain "sacrifices", and later had to earn "respect" by, among other things, assaulting other prisoners. He said he had been stabbed on numerous occasions.

According to the court summons, Zealand was "severely humiliated and assaulted, suffered grave distress and inconvenience and was gravely injured in his dignity".

Removing the 17 symbols tattooed on Zealand's body - including a large revolver on his neck and face - would cost R102408, according to a surgeon's report submitted to court.

Some of the tattoos, crudely made in prison with a needle and melted rubber wristbands, could only be removed by skin grafts, the report said.

Zealand eventually heard about his release from a prison cleaner. "A cleaner came to me and said I was going to be released. I said, 'No man, don't make jokes.' Then an official came and said I must pack my things."

Still battling to come to terms with normal life more than a year after his release, Zealand believes the state owes him a living. "I no longer know life like I knew it before. I want to work - but who will accept me now the way I look?"

His former girlfriend is now married to another man, and he is unable to assist his ailing mother .

Commenting on Zealand's wellbeing, a close family friend, Ashley Sampson, said: "When he went in he was a quiet laaitie - soft and quiet. Now that he's out it's like he is still in prison."