The Department of Correctional Services’ (DCS) apparent refusal to abide by a Labour Court ruling regarding the staff of G4S at Grootvlei Maximum Correctional Centre, formerly known as Mangaung Correctional Centre, came under the spotlight on Tuesday when the Portfolio Committee on Correctional Services interrogated them about the matter.
Committee members did not mince their words about defying the court order, and only once it became apparent that an appeal had been lodged, did the committee ease up on the questions. However, they made it clear that the committee’s oversight responsibility mandates it to ensure that the DCS does not stray from fulfilling it role – including abiding by court orders.
The committee has reaffirmed its commitment to exercising its constitutional oversight mandate to ensure that the department complies with binding court orders arising from the labour dispute involving former G4S employees at what used to be known as Mangaung Correctional Centre. The employees were contracted during the time when Mangaung Correctional Centre was privately operated.
Committee Chairperson Ms Kgomotso Anthea Ramolobeng emphasised that the committee’s responsibility is not to determine the legal merits of the dispute or interfere with judicial processes. Rather, the committee’s role is to hold the department accountable for its decisions, legal processes and the implementation of court orders.
The committee met to consider its oversight responsibilities following requests from affected G4S employees for Parliament to intervene in the implementation of a court ruling concerning their absorption into the department. Committee members also received an update on the operational transfer of the facility, including staffing, uniforms for officials and offenders, medication for inmates and the condition of the facility’s kitchen.
The committee noted guidance from Parliament’s Constitutional and Legal Services Office on the separation of powers and the sub judice rule. However, these principles do not prevent Parliament from holding the department accountable for complying with judicial decisions. Section 165(5) of the Constitution provides that court orders bind all persons and organs of state to which they apply.
The committee heard that the Labour Court ruled on 5 May 2026 that the transfer of Mangaung Correctional Centre constituted a transfer of business in terms of Section 197 of the Labour Relations Act. Members of the committee expressed concern about subsequent legal developments, including the department’s unsuccessful attempts to challenge the ruling and its decision not to pursue a further petition following legal advice. The committee was also informed that the court had refused the department’s application for leave to appeal.
Members of the committee also noted the court ruling of 17 August 2006 – the applications for condonation and leave to appeal, which were dismissed.
Committee member Mr Janho Engelbrecht said that while G4S staff were still not absorbed by the DCS, Grootvlei Maximum Correctional Centre has 175 unfilled security posts. Mr Engelbrecht wanted to know what prohibits the DCS from employing these staff members, who have already been vetted and are qualified for the posts.
Another committee member, Mr Carl Niehaus, highlighted the humanitarian side of the matter, indicating that these staff members have not had an income since July 2026. “Their lives have been upended, and their financial health has been destroyed. We cannot have a department that continues to insist that it will not implement court rulings, that continues to come with vexatious petitions and create suffering, create conditions that are not optimal for the functioning of the facility as well as creating impressions that through their actions they can delay justice. Justice delayed is, after all, justice denied,” Mr Niehaus said.
The position was further strengthen by Ms Nontando Nolutshungu, another committee member, who emphasised that the court order remains enforceable.
Ms Ramolobeng said the National Commissioner must provide a comprehensive account of the department’s legal position and intended course of action following the latest developments. The committee also expects regular updates on all legal processes and negotiations relating to the implementation of the judgment, including discussions with the Police and Prisons Civil Rights Union (POPCRU) towards a possible settlement agreement.
The committee noted that negotiations followed an engagement between the National Commissioner and POPCRU on 18 August 2026. The department subsequently instructed its Human Resources and Legal Services teams to engage with the union’s legal representatives, with discussions starting on 27 August 2026. A proposed mandate and associated costing were being processed to inform further negotiations.
The committee will monitor these processes closely and expects clarity on how the department intends to address the absorption of affected employees, including how individual circumstances, such as criminal records or misconduct, will be considered lawfully and fairly.
On the operational transition at Grootvlei, the committee noted that 489 of the 682 posts advertised had been filled since 4 August 2026. These appointments included 363 security officials and 38 professionals. A total of 333 former G4S employees had been appointed, of whom 64 were former G4S officials. The initial recruitment process attracted 24 230 applications for 668 posts, while a subsequent advertisement for 14 additional posts attracted 1 652 applications.
Committee member Mr Zwanele Sokopo raised concern that the DCS was still advertising positions whilst fighting the court order. He wanted to know what would happen to those newly employed officials, should the department lose in the apex court.
While acknowledging this progress, the committee remains concerned about the staffing complement and the 103 funded vacancies identified. It urged the department to fill these vacancies within a reasonable timeframe and will request a progress report by the end of January 2027.
The committee also welcomed the provision of uniforms for appointed officials and offenders. However, it expects the outstanding inspection report on the Grootvlei kitchen to be finalised and submitted before Parliament rises for the December recess.
In addition, the committee will schedule an oversight briefing early in 2027 on the department’s state of readiness to take over Kutama-Sinthumule Correctional Centre, whose private operating contract expires in February 2027. The Mangaung transition must provide lessons for the next handover to ensure adequate planning and prevent avoidable operational, labour and financial risks.
Ms Ramolobeng said: “Our responsibility is to ensure that the department does not treat court orders as optional. We respect judicial independence and the separation of powers, but we will not abdicate our responsibility to ensure that the executive complies with binding judicial decisions. The department must account to Parliament for what it is doing, how it intends to proceed and within what timeframes.
“We want this matter resolved lawfully, fairly and as speedily as possible. The rights of affected employees must be respected, while ensuring continuity and stability in the correctional system. The committee will continue to hold the department accountable for its decisions and the progress it makes.”
Rajaa Azzakani
12 November 2026
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