THE Department of Correctional Services (DCS) has said that the Public Protector’s remedial action instructing the National Commissioner of Correctional Services to develop a DCS Escape Prevention Strategy and Guidelines for the Mangaung Correctional Centre within 90 days will not “guarantee” prevention of future escapes.
Last week, the Public Protector, Kholeka Gcaleka, blamed the Correctional Services for how they handled the Thabo Bester escape from the Mangaung Correctional Centre.
The high-profile inmate escaped from the maximum security prison guarded by multinational private security G4S in in May 2022, but it was only in January 2023 that the Department of Correctional Services opened a escape case with the police.
DSC national spokesperson Singabakho Nxumalo said the department would implement the recommendations “although” there were already Escape Prevention Strategy Plans.
“Strategic plans will not guarantee prevention of future escapes where the human factor is concerned. There are standard operating procedures in the Department, and these are aimed at preventing security lapses. Mangaung Correctional Centre did not follow these procedures as the officials there played an active role in breaching their security system,” he said.
Nxumalo said that the Department accepted the report but strongly held a view that DCS and its officials did not play any role in the orchestrated escape of Bester.
“An interesting phenomenon in this case is how the complaint was structured by the complainant. It intentionally left out other parties and took an interest in DCS as if it were a central play. This is strange because Mangaung Correctional Centre is a private facility and the escape happened there,” Nxumalo explained.
The Public Protector said in her report that there was no misconduct on the part of the former DCS deputy minister Phathekile Holomisa.
The report by the Public Protector stated in her report that prison officials did not move in haste following the escape of the Bester, who was serving a jail sentence for rape and murder.
However, it implicated DCS’ MCC Controller, Chris Mahonono, and Director of Contract Management, Roseline Phahlane, for undue delay in reporting Bester’s escape to the SA Police Service (SAPS).
It found that both Mahonono and Phahlane failed to promptly report Bester’s escape to SAPS, contrary to the standard operating procedures (SOP), and that their actions constitute improper conduct, as outlined in Section 182(1)(a) of the Constitution.
It also found that security company G4S officials were guilty of misconduct and dismissed following an investigation into the escape.
The complainant, Elias Muller, who requested the Public Protector investigate the matter, said that he was not happy with the outcomes of the report.
“I'm disappointed with the findings that relate to the former deputy minister. He was informed of the crime of escaping from lawful custody, but he did nothing with that information, and the PPSA saw nothing wrong with that.
“The fact that he was not aware of the scope of the DCS's investigation means he could not have been satisfied that there was an investigation into the matter that was brought to his attention. Evidence before the Public Protector does not support the findings she made clearing the former DCS deputy minister Holomisa,” he said.
DCS minister Pieter Groenewald, said all the prison officials who delayed reporting the escape of the convicted rapist and murderer were reassigned to different positions and handed final written warnings.
Groenewald also said that he acknowledged that the officials were slow to report the escape.
“As a result of their actions, the officials involved have been reassigned to alternative positions and issued final written warnings for their failure to promptly report the escape,” he said
Groenewald added that he also believes that G4S bears significant responsibility for this incident as it was tasked with ensuring that inmates don’t escape.
He further emphasised that such behaviour was unacceptable and assured the public that stricter consequence management would be implemented to prevent similar incidents during his tenure.
Meanwhile, Bester continues to fight for freedom in his cell.
In his last court appearance, he asked the court to grant him access to his laptop because he was unable to contact people telephonically, a request the DCS and the court rejected.
The trial of Bester and co-accused has been set for 10 February 2025 and co-accused celebrity Medical Doctor girlfriend Nandipha Magudumana has challenged the jurisdiction of the South African courts to prosecute her, as she claimed she had been abducted from Tanzania.
Her counsel, Advocate Frans Dlamini, said Magudumana had filed her papers and it was likely the SCA would hear and decide the matter before the end of the year.