Advocate Kholeka Gcaleka, a public protector, has discovered that Department of Correctional Services (DCS) personnel acted improperly and took too long to notify the police about captured fugitive Thabo Bester’s prison break.
After learning that convicted rapist and murderer Bester had staged his own death and broken out of his prison cell in May 2022, Gcaleka said DCS officials had not acted quickly enough.
The DCS took at least six months to open an escape case with the police, according to Gcaleka’s investigative report, which was made public on Monday.
This was after the DCS was notified of Bester’s escape in June and August of 2022 by the Judicial Inspectorate for Correctional Services (JICS) and the SA Police Service (SAPS), respectively.
Gcaleka’s report relates to an investigation into alleged improper conduct by
officials of DCS, as well as allegations of failure by the former deputy minister
of correctional services, Phathekile Holomisa, to intervene regarding the incident.
Gcaleka found no wrongdoing on the part of Holomisa.
Bester escaped from the Mangaung Correctional Centre on May 3, 2022, after faking his own death in his prison cell.
Apprehended in Tanzania
Together with his companion, Dr Nadipha Magudumana, Bester was apprehended by South African law enforcement in Tanzania in April 2023.
“The allegation that there was undue delay by the functionaries of the DCS to act in compliance with the regulatory prescripts and procedural requirements on information received regarding the escape of Mr Bester from MCC [Mangaung Correctional Centre] is substantiated.
“Although the DCS was informed of the escape by the SAPS during the June 2022 meeting and by JICS in August 2022, it took no less than six months for the DCS to report the case as one of escape.
“Furthermore, it took the DCS approximately 55 calendar days post its investigation report dated 18 November 2022 to report the matter to the SAPS on 12 January 2023.
“This is contrary to the provisions of paragraph 10.10 of the SOP [standard operating procedures], which set out the reporting timelines for such incidents, to the relevant reporting structures stipulated in paragraphs 10.7.4 and 10.9.5, including the SAPS,” said Gcaleka.
She said the DCS’ internal investigation report makes no findings relating to their own
inadequacies and delays but rather focuses on contractual lapses and breaches by G4S.
“It is clear that the outcome of DCS’ investigation had no bearing on reporting the matter to the SAPS.
“Taking into consideration the criminal profile of Mr Bester, the functionaries of DCS should have acted swiftly and discharged their legal duty as provided for in Section 12(1)(c) read with Section 7(2) of the constitution, which required DCS to act positively and prevent the potential harm or risks posed by the escape of Mr Bester to the public by immediately reporting to SAPS upon becoming aware, as contemplated in paragraph 10.7 of the SOP.
“However, evidence at the disposal of the public protector reveals that DCS did
not act expeditiously despite receiving information and leads, even after the
conclusion of their own investigation on 22 November 2022.”
Improper conduct
The report found that Chris Mahonono took a casual approach and only opened the criminal case to report the escape of Bester to the police on January 12, 2023.
“Accordingly, the public protector finds that the conduct of the DCS’ MCC controller, Mr Mahonono, and DCS’ director of contract management, Ms [Roseline] Phahlane, constitutes improper conduct as contemplated in terms of Section 182(1)(a) of the Constitution and amounts to undue delay as envisaged in Section 6(4)(a)(ii) of the Public Protector Act,” said Gcaleka.
Gcaleka’s solution was for the national commissioner for correctional services, Makgothi Thobakgale, to come up with a good plan to keep inmates from escaping from the MCC within 90 days of getting the public protector’s report.
This was to be done within the national commissioner’s legal authority under sections 95(3) and 112 of the Correctional Services Act.
The strategy and guidelines should indicate monitoring mechanisms, proper systems to be put in place, or steps directing how the functionaries of the DCS and contractors must effectively prevent and manage escapes within MCC, including all other correctional facilities.
