Public protector advocate Kholeka Gcaleka has found the Department of Correctional Services (DCS) have acted improperly in the Thabo Bester infamous escape scandal that has rocked the country.
A recent report by Gcaleka has revealed that officials from the DCS engaged in improper conduct regarding the regarding Bester’s escape from Mangaung Correction Centre in 2020.
Initial reports suggested he had died in a cell fire, but a subsequent investigation revealed he had escaped.
The SAPS has since launched an investigation, with the Organised Crime Unit leading the case.
Bester was assisted by his then girlfriend, Dr Nandipha Magudumana, who was arrested alongside him in April last year after fleeing to Tanzania.
The report specifically implicates DCS’ MCC Controller, Chris Mahonono, and Director Contract Management, Roseline Phahlane, for undue delay in reporting Bester’s escape to the SAPS.
The report found that 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 public protector further cleared former Deputy Minister of Correctional Services, Phathekile Holomisa, of any wrongdoing.
The public protector has also taken remedial action, as per section 182(1) (c) of the Constitution, to address the improper conduct and ensure accountability within the DCS. The report’s findings highlight the need for increased transparency and efficiency in reporting incidents within the correctional services system.
The report further highlighted undue delay in reporting Bester’s escape to SAPS, Improper conduct by DCS officials and security breaches by G4S officials who were later dismissed.
Gcaleka has taken remedial action to address the improper conduct and ensure accountability within the DCS.
She further instructed the Minister of correctional services, Pieter Groenewald to take note of findings of improper conduct by DCS officials regarding the case.
She ordered the department to develop an escape prevention strategy within 90 days, to establish guidelines for handling anonymous anti-corruption reports within 120 days and disciplinary action already taken against implicated officials.
She further ordered the national commissioner to submit an implementation plan within 30 days and the parliamentary portfolio committee on Correctional Services to be informed within 30 days.
The DA announced on Tuesday that they would be writing to the chairperson of the correctional services portfolio committee requesting an urgent special joint Portfolio Committee meeting consisting of Correctional Services, Justice, and SAPS.
According to the party, this meeting will study the findings of the report.
“This report has placed significant blame on the DCS for its handling of convicted rapist and murderer Thabo Bester’s escape from the Mangaung Correctional Centre.
“The report highlights serious lapses in the DCS’s conduct and response, exposing the department’s failures in addressing the incident promptly and adequately... The investigation uncovered a series of failures by DCS, citing months of inaction and delays in reporting Bester’s escape to the South African Police Service (SAPS).
“According to the public protector, despite early indications that Bester had escaped and the discovery of what was alleged to be his remains in a staged fire at his cell, DCS delayed reporting the matter to law enforcement. Instead, the department passed responsibility to G4S, without conducting a thorough internal investigation or taking immediate corrective action.
“This inaction allowed Bester to remain at large for several months, potentially endangering public safety and causing significant distress to the victims of his previous crimes,” the DA said in a statement.
In a statement, Groenewald said he had taken note of the report issued.
He said the officials involved had been reassigned to alternative positions and issued final written warnings for their failure to promptly report the escape.
“While the Minister acknowledges that the officials were slow to report the escape, he firmly asserts that G4S bears significant responsibility for this incident... G4S was tasked with ensuring that such an escape did not occur,” the statement said.
He said such behaviour was unacceptable and assures the public that stricter consequence management would be implemented to prevent similar incidents during his tenure.
Cape Times