Born a Crime: Stories From a South African Childhood(65)

The way the system works in South Africa is that you’re arrested and held in a cell at the police station until your bail hearing. At the hearing, the judge looks at your case, hears arguments from the opposing sides, and then he either dismisses the charges or sets bail and a trial date. If you can make bail, you pay and go home. But there are all sorts of ways your bail hearing can go wrong: You get some court-appointed lawyer who hasn’t read your case and doesn’t know what’s going on. Your family can’t pay your bail. It could even be that the court’s backed up. “Sorry, we’re too busy. No more hearings today.” It doesn’t matter the reason. Once you leave jail, you can’t go back to jail. If your situation isn’t resolved that day, you go to prison to await trial. In prison you’re housed with the people awaiting trial, not with the general population, but even the awaiting-trial section is incredibly dangerous because you have people picked up for traffic violations all the way up to proper hardened criminals. You’re stuck there together, and you can be there for days, weeks, maybe months. It’s the same way in America. If you’re poor, if you don’t know how the system works, you can slip through the cracks, and the next thing you know you’re in this weird purgatory where you’re not in prison but you’re not not in prison. You haven’t been convicted of any crime, but you’re still locked up and can’t get out.

This cop pulled me aside and said, “Listen, you don’t want to go to your bail hearing. They’ll give you a state attorney who won’t know what’s going on. He’ll have no time for you. He’ll ask the judge for a postponement, and then maybe you’ll go free or maybe you won’t. Trust me, you don’t want to do that. You have the right to stay here for as long as you like. You want to meet with a lawyer and set yourself up before you go anywhere near a court or a judge.” He wasn’t giving me this advice out of the goodness of his heart. He had a deal with a defense attorney, sending him clients in exchange for a kickback. He handed me the attorney’s business card, I called him, and he agreed to take my case. He told me to stay put while he handled everything.

Now I needed money, because lawyers, as nice as they are, don’t do anything for free. I called a friend and asked him if he could ask his dad to borrow some money. He said he’d handle it. He talked to his dad, and the lawyer got his retainer the next day.

With the lawyer taken care of, I felt like I had things under control. I was feeling pretty slick. I’d handled the situation, and, most important, Mom and Abel were none the wiser.

When the time came for lights-out a cop came and took my stuff. My belt, my wallet, my shoelaces.

“Why do you need my shoelaces?”

“So you don’t hang yourself.”

“Right.”

Even when he said that, the gravity of my situation still wasn’t sinking in. Walking to the station’s holding cell, looking around at the other six guys in there, I was thinking, This is no big deal. Everything’s gonna be cool. I’m gonna get out of this. I thought that right up until the moment the cell door clanged shut behind me and the guard yelled, “Lights out!” That’s when I thought, Oh, shit. This is real.

—

The guards had given me a mat and a scratchy blanket. I rolled them out on the concrete floor and tried to get comfortable. Every bad prison movie I’d ever seen was racing through my head. I was thinking, I’m gonna get raped. I’m gonna get raped. I’m gonna get raped. But of course I didn’t get raped, because this wasn’t prison. It was jail, and there’s a big difference, as I would soon come to understand.

I woke up the next morning with that fleeting sensation where you think something has all been a dream. Then I looked around and remembered that it wasn’t. Breakfast came, and I settled in to wait.

A day in jail is mostly silence punctuated by passing guards shouting profanities at you, doing roll call. Inside the holding cell nobody says anything. Nobody walks into a jail cell and says, “Hi, guys! I’m Brian!” Because everyone is afraid, and no one wants to appear vulnerable. Nobody wants to be the bitch. Nobody wants to be the guy getting killed. I didn’t want anyone to know that I was just a kid in for a traffic charge, so I reached back in my mind for all the stereotypes of what I imagined people act like in prison, and then I tried to act like that.

In South Africa, everyone knows that colored gangsters are the most ruthless, the most savage. It’s a stereotype that’s fed to you your whole life. The most notorious colored gangs are the Numbers Gangs: the 26s, the 27s, the 28s. They control the prisons. They’re known for being brutally violent—maiming, torturing, raping, cutting off people’s heads—not for the sake of making money but just to prove how ruthless and savage they are, like Mexican drug cartels. In fact a lot of these gangs base their thing on those Mexican gangs. They have the same look: the Converse All Stars with the Dickies pants and the open shirt buttoned only at the top.

By the time I was a teenager, anytime I was profiled by cops or security guards, it usually wasn’t because I was black but because I looked colored. I went to a club once with my cousin and his friend. The bouncer searched Mlungisi, waved him in. He searched our friend, waved him in. Then he searched me and got up in my face.

“Where’s your knife?”

“I don’t have a knife.”