Johannesburg - December will mark 10 years since Siboniso Miya has been behind bars.
It feels like time has stood still, he says.
“Prison has mentally and spiritually tortured me to breaking point,” Miya tells the Saturday Star from Zonderwater Prison in Cullinan, Tshwane.
The 43-year-old inmate is one of the more well-known prisoners at the prison.
He became infamous for allegedly being the hitman for Czech fugitive Radovan Krejcir.
He was sentenced to 15 years for attempted murder, 15 years for kidnapping and another 15 years for attempted drug dealing, all which would be served concurrently.
But Miya maintains his innocence and says he has spent the last 10 years unlawfully behind bars.
The former taxi boss was accused of the kidnapping and attempted murder of Bheki Lukhele. He was also accused of attempted drug dealing.
In 2013, he was also linked to the murder of Lebanese businessman Bassam Issa, who was gunned down in Bedfordview.
But he insists he’s innocent and was framed.
He’s made several attempts to prove his innocence reaching out to the National Prosecuting Authority (NPA) as well as police officials, however he says all his pleas have fallen on deaf ears.
He has also applied for parole on numerous occasions, and that too has been turned down.
“Prison has been nothing but a thief who stole ten years of my life for something I didn’t do. I’m incarcerated far from my family and have to travel about 300 km from Cullinan to court and back for my further court cases which are in Johannesburg. I’ve been involved in three accidents in transit to court. I get to court exhausted from the trip and struggle to keep focus. How can I possibly have a fair trial?
“I sit in a van, handcuffed and with no seat belt so it’s a huge struggle to find balance in a fast moving convoy. This is done solely to punish me and is totally against correctional service 111 act 43 (1) to be housed close to your family and court.”
Miya says conditions at Zonderwater have deteriorated considerably since he first arrived.
“Management here is always finding something to close and take away from inmates. There is no school and higher learning, our monthly shop limit has been decreased despite prices going up, our bank deposit for shop money has been closed. The recreational subscription where we used to get newspapers, fruits and gym supplements is now closed.”
He says when he entered the prison, he was treated badly by warders, however that’s changed for the better now.
“Before, I was believed to be this underworld monster figure and was kept in a cage single cell which frustrated me to a point where I lived on anxiety and depression medication. But now I’m treated as a normal inmate and placed in a communal cell where I can socialise freely with other inmates and I’ve been able to substitute my psychiatric medication with gym and exercise.”
Miya says he is still determined to prove his innocence.
“I lost everything but the most I’ve lost is time with my kids. Having them growing up without me is too painful to bear. I’ve been robbed of being a father to them and that’s a sore that will never heal. My mom passed away in June and could even go to her funeral.”
Miya was accused of being a hitman for Krejcir, something he denies. He doesn’t deny knowing Krejcir, however he says any suggestions that he was a hitman or worked for Krejcir is untrue.
“It’s no secret that I worked at MoneyPoint as a debt collector for Ronni Vhuma who had a partnership with the Krejcir family. When the government wanted Rodavan Krejcir out of the way and they needed to show their muscle… who better to frame for this role than a taxi boss. With the violent stories clouding the taxi industry, this fitted the purpose.”
He says the sentence handed down to him was ridiculous and baseless.
“Fifteen years for a first-time offender of a kidnapping charge is ridiculous when the minimum is no more than five years.
“I'm sentenced to 12 years for drugs that were never tested, never brought to court as evidence and without a pharmaceutical name.
“This conspiracy against me is deep and I am still suffering in the Bassam Issa case, but that’s a story for another day.”
Miya has been accused of playing a role in the murder of Bassam Issa.
Issa, a Lebanese-born businessman also known as Black Sam and Cripple Sam, was gunned down in Bedfordview in October 2013.
He believes the judiciary is “rigged”.
“I will show you this soon. I’ve decided to fight my appeals once I’m out and with full resources. The joke is that my appeal was dismissed at the Supreme Court of Appeal (SCA) on condonation and they said it has no prospect of success despite showing the SCA that I was never charged for the drugs and that the said drugs were never tested or brought to court as exhibits.”
“Despite me asking for the two years spent in prison awaiting trial to be deducted from my sentence, I am now serving two years more than my co-accused who were out on bail.”
Miya is currently up for parole but because the Issa case is still pending he won’t be eligible.
He believes certain officials want to keep him in prison indefinitely.
“I was discriminated against on three presidential remissions including the five-year Covid-19 remission, even though we were all subjected to the pandemic. I’ve served my sentence and am looking forward to being reunited with my family soon and will save my legal battles for when I’m free.”
While Miya claims the NPA has ignored all evidence that proves his innocence, the prosecuting authority has stood firm in their case against Miya.
“The matter was adjudicated by a court of law and Miya was informed, after the sentence was passed, of his rights and avenues available to him should he be dissatisfied with the court’s decision,” said Phindi Mjonondwane, regional communications manager at the NPA.
“Furthermore, custodial and parole matters can be raised with the Department of Correctional Services.”
The Department of Correctional Services said it was unable to comment on Miya’s claims.
“DCS does not trial a person and does not get involved in the case itself. Our job is to implement a court judgment,” said Correctional Services spokesperson Singabakho Nxumalo