The Portfolio Committee on Correctional Services yesterday interrogated the Department of Correctional Services’ (DCS) plans to take back the management and operations functions at two private correctional facilities, including the infamous Mangaung Correctional Centre in Bloemfontein.
During a briefing from the department on its plans, the committee was informed that several legal actions and court interdicts have been attempted since the department first notified the committee of its intentions to assume management and operations control of the two facilities.
The Mangaung Correctional Centre came to the public’s attention after an inmate, Thabo Bester, escaped from the centre after allegedly faking his own death in a fire.
Mangaung Correctional Centre started operations on 1 July 2001 and has an approved accommodation capacity of 2 928. The committee heard during the briefing that the 25-year contract with Bloemfontein Correctional Contracts to manage the facility is due to end in 30 June 2026. In terms of the contract, daily operations are the responsibility of G4S.
In November 2021, a Takeover Task Team was appointed in preparation for the move to assume the management of both Mangaung and Kutama-Sinthumule Correctional Centres at the end of the contract, in 2026 and 2027 respectively.
The committee heard that while the Task Team was preparing the takeover process, several non-compliance incidents were uncovered at Mangaung Correctional Centre that led the DCS to invoke Section 112 of the Correctional Services Act on 28 March 2023. In May 2023, the DCS decided to issue Bloemfontein Correctional Contracts with a 90-day notice of termination due to multiple non-compliances with the concession contract.
According to the DCS, after the Section 112 clause was invoked and a notice of termination of the concession contract was issued, Bloemfontein Correctional Contracts applied for an urgent court interdict to challenge the department’s decision. This action had an impact on the department’s process to assume management of the two correctional centres, pending the outcomes of the court cases. The matter is not yet finalised and it is still receiving legal attention.
Committee Chairperson Ms Kgomotso Anthea Ramolobeng welcomed the fact that the process is still on track and urged the DCS to do all in its power to ensure that it takes place on schedule.
The DCS assured the committee that the takeover will continue after the legal processes are finalised or at the end the contract, whichever comes first. Members warned that legal action could be taken to stall the process so that the contract runs its term.
The committee expressed concerns that some inmates still do not have identity documents. “We do not want another incident like Thabo Bester, when we found out he does not have an ID,” said Ms Ramolobeng. The DCS informed the committee that some inmates have said that they do not have the money to apply for an ID, using this as an excuse to avoid being charged with additional crimes.
Committee Member Janho Engelbrecht maintained that the DCS cannot outsource one of its core responsibilities, especially security. He wanted to know if new staff will be trained when the DCS takes over the functioning of these facilities.
Another committee Member, Mr Sanele Mwali, said it could be that the contractors were trying to push the litigation until the end of the contract. This could lead to the department being unprepared for the takeover when it does occur.
Deputy Minister for the DCS, Ms Leonah Lindiwe Ntshalintshali, informed the committee that the state of readiness is at an advanced stage and threat assessments have been completed. She said even if the contractors drag it out, six months before the expiration of the contract, as per the agreement, the DCS will be there. She agreed that outsourcing has come with serious repercussions and subcontracting is also a serious challenge.
Ms Ramolobeng concluded by indicating that the committee will closely monitor the takeover plans. “The takeover of Mangaung is supposed to take place in June 2026 and, according to the contract, the department can start processes six months earlier. So, before that final takeover, the committee wants a report on the readiness to take over,” she said.
Rajaa Azzakani
27 November 2024
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