Cape Town — A man who says he was infected with HIV while in Pollsmoor Prison is claiming R1.1 million in damages from the Department of Correctional Services because prison policy at the time barred the use of condoms.

The former inmate, who by order of the Cape High Court is called PW, claims in papers that during 1993 and 1994 prison officials did nothing to discourage sex between inmates in Pollsmoor and also did not provide inmates with condoms.

After an application by Correctional Services yesterday, the case was postponed to a later date to allow for preparation. Both sides admitted the case was of compelling public interest.

Mr Justice John Foxcroft ordered that pending the trial, PW should receive free medical treatment for any condition or illness related to his HIV status and prescribed by his attending physician.

PW was incarcerated at Pollsmoor from November 1993 to December 1994.

He said in papers before court that in this time it was common for inmates to have sex with each other.

"A material portion of prisoners were HIV-positive at the time.

It is inevitable that prisoners who engaged in sex would have become infected with the HIV virus."

PW claims that authorities knew about the sex and were aware of the risk involved.

He says prison officials could have made it impossible or difficult for prisoners to have sex with each other, or could have provided prisoners with condoms.

PW said in papers before court that he was gay and that prison officials knew it.

They knew that it was likely that he would get involved in an intimate relationship while in prison and that this put him a high risk of being infected.

He claims he had a relationship with a man known as John. John was HIV-positive, but PW did not know this.

They had sex several times. PW tested positive on November 27, 1994.

PW said in papers before court that if not for the attitude of prison officials, he and John would not have had sex, or would have used condoms, and he would not have been infected.

PW has sued Correctional Services for his future medical expenses, general damages related to his future medical expenses, loss of earnings and general damages.

In 1997 when he instituted the lawsuit, this amounted to R1.1m.

Correctional Services has filed a plea denying liability.

But it admitted prisoners were not allowed to have condoms until 1996 when a department policy changed.

In papers it was stated that inmates had been informed of the dangers of unprotected sex.

PW had known of the risk involved and yet still voluntarily had sex with his partner.

Wim Trengove SC and Barbara Gassner, instructed by William Kerfoot of the Legal Resources Centre, appear for PW. Ismail Jamie and Carla Saller, instructed by State Attorney Luigi Gava, appear for Correctional Services.