There is also a serious, and well recognised, problem with gang culture in prisons. Such problems have existed for over 100 years, and exist across the country. Western Cape has a significant gang problem. Non-gang members bear the brunt of gang violence and intimidation. The violence includes sexual violence such as rape. Examples of specific violence were provided by the witnesses. Official figures were provided but the witnesses thought it very likely that many assaults are unreported, for example for fear of victimization. Over the years great concern has been shown by the authorities about the problem. The experts have both worked with government departments who are attempting to improve the position. However progress has been impeded by various factors including lack of continuity and different levels of commitment by key members of staff. This means that, in the view of the witnesses, staff are not given enough guidance and not enough is done to prevent gang violence and sexual violence in particular.
A number of specific heightened risks were highlighted for Mr Dewani . The risk to him of contracting HIV in prison springs from his vulnerability to sexual violence and coercion in prison. He fits the profile of someone who is particularly vulnerable to such abuse. He appears to lack "street wisdom". He does not involve himself in the direct perpetration of violence. He appears to be good-looking, youthful and physically well preserved. There has been a suggestion that he may be gay. If he is mentally disabled this is another vulnerability factor. Although wealth can be a protective factor, there is evidence that wealth needs to be linked to aggression, and an ability to fight back. The witnesses said that even if Mr Dewani were held as the sole occupant of a single cell, he would nevertheless be vulnerable to assault. He would not be in his cell all the time, but would exercise, take meals, shower, and have other contact with prisoners. Moreover it is not uncommon for prisoners to stray from their section to another section of the prison. Much of the serious violence occurs at night. Where there is only one person on duty at night after lock-up, as appears to be the case at Goodwood, a variety of situations could arise that would leave a prisoner exposed. It is usual for a member of staff to be locked in with the inmates, although the witnesses had not visited Goodwood, and could not comment upon the particular set-up there. The member of staff has no master key, therefore cannot unlock, and so needs to call for assistance from elsewhere. In addition, there are documented cases, and in particular anecdotal evidence, about the prevalence of attacks, including sexual attacks, on the way to court or in the cells at the court. In South Africa police convey prisoners to court. Although arguably the supervising judge has a mandate to oversee conditions in court cells, in practice the judge does not visit holding cells.
