DA pushes for a nationwide probe into alleged VIP treatment for wealthy inmates in SA prisons

Reports of preferential inmate treatment prompt the DA to push for sweeping reforms in South Africa’s correctional system. File Picture: Boxer Ngwenya / Independent Newspapers

Reports of preferential inmate treatment prompt the DA to push for sweeping reforms in South Africa’s correctional system. File Picture: Boxer Ngwenya / Independent Newspapers

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The Democratic Alliance (DA) is calling for an immediate, nationwide probe into allegations of preferential treatment afforded to wealthy inmates within South Africa’s correctional facilities, with particular focus on incidents reported in KwaZulu-Natal.

IOL reported that the investigation comes in the wake of claims surrounding affluent businessman Thoshan Panday, who has been incarcerated after being denied bail on charges of tax fraud.

He is currently on trial for fraud and corruption related to a 2010 World Cup tender valued at approximately R47 million.

Media reports indicate that Panday, alongside an associate named Rajivee Soni, allegedly bribed prison wardens to facilitate their transfer to the facility's hospital section, raising serious concerns about corruption within the correctional system.

The Department of Correctional Services stated that the investigator assigned to the case will assess and clarify the validity of the allegations, specifically looking into whether any inmates have been granted privileges or treatment that deviates from its established policies and standards.

The department affirmed its dedication to ensuring fairness and equality in the treatment of all incarcerated individuals, irrespective of their financial or social status.

“Beyond this specific investigation, the appointed investigator will study the standard operating procedures within the facility in order to ensure that they align with the principles of integrity, impartiality, and fairness, that are fundamental to the correctional system.

“Operational practices must be consistently applied across all 243 correctional facilities in the country,” the department said in a statement.

The DA deputy spokesperson on Correctional Services, Kabelo Kgobisa-Ngcaba, emphasised that this alleged preferential treatment compromises the integrity of the country’s justice system, calling it “a betrayal of equality before the law”.

The DA has formally announced that it will request National Commissioner for Correctional Services, Makgothi Thobakgale to initiate a thorough investigation into these alleged incidents.

This includes a special request for the chairperson of the Portfolio Committee on Correctional Services to convene a meeting during the forthcoming committee week.

The DA also aims to have the department present a detailed account of the allegations, the ongoing investigation’s progress, and the possibility of criminal charges under section 118 of the Correctional Services Act.

These concerns arise after reports surfaced that certain inmates at Durban and Pietermaritzburg correctional facilities may have been granted privileges, such as access to private medical care which is a violation of the Correctional Services Act 111 of 1998.

“These alleged actions, if substantiated, fundamentally threaten our principle of equality before the law,” said Kgobisa-Ngcaba.

Such privileges, he argues, create a two-tiered system that undermines the core democratic values of fairness and equal treatment.

The commissioner’s announcement of a preliminary investigation into the matter has been acknowledged by the DA as a positive step, yet Kgobisa-Ngcaba voiced concern that limiting the investigation to one province might overlook potential systemic issues within the department, pointing to recent departmental briefings that highlight disciplinary inadequacies and sanctions for misconduct that may lack the deterrence to prevent such corruption.

For the DA, this investigation into alleged corruption within the department represents a crucial test of accountability within South Africa’s justice system.

Kgobisa-Ngcaba said, “corruption within the Department of Correctional Services poses a substantial threat to its effective functioning.’’

The DA said it will closely monitoring the investigation’s developments to ensure both departmental discipline and criminal accountability are upheld.

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