Correctional Services committee urged to implement PP report on Bester escape [VIDEO]

The Parliamentary Legal Services said the Portfolio Committee on Correctional Services has a constitutional duty of overseeing and monitoring the implementation of the Public Protector’s (PP) report on the escape of Thabo Bester.

Members of Parliament (MPs) on Tuesday received an update from the Parliamentary Legal Services on how to process the Public Protector’s report on the escape of Bester.

The Public Protector launched an investigation in March 2023 after receiving a complaint from a member of the public that the Department of Correctional Services (DCS) had failed the public in its handling of the escape.

‘Undue delay’

Advocate Kholeka Gcaleka found that there was “undue delay” in the way the DCS handled convicted murderer and rapist Thabo Bester’s prison escape from the Mangaung Correctional Centre (MCC).

One of the remedial actions listed by the Public Protector was that the Speaker of the National Assembly must bring the report to the attention of the chairperson of the portfolio committee within 30 days of receiving the report.

Two officials have already faced disciplinary hearings and received final written warnings.

ALSO READ: Assessment of Thabo Bester cell showed ‘security violations’, says DCS

Legal opinion

Parliamentary Legal Adviser Bulelani Simani said the committee must not ignore the recommended remedial actions by Gcaleka.

Simani said the Public Protector did not dictate to the committee how it should go about processing the remedial action.

“It is my considered view that Rule 89 of the National Assembly (NA) rules, read with the constitutional provisions, does not preclude members of Parliament from complying with the remedial action taken by the Public Protector. NA Rule 89 has very limited application in the members may not reflect on the merits of the pending litigation.

“Therefore, I am of the view that in this context, the Committee has a constitutional duty of overseeing and monitoring the implementation by the DCS of the remedial action taken by the Public Protector. The remedial action taken by the Public Protector is binding and therefore must be complied with,” said Simani.

Key recommendation

Simani said one key recommendation is that the National Commissioner of the DCS must within 90 from the date of receipt of the Public Protectors report, develop, an appropriate DCS’ Escape Prevention Strategy and Guidelines for the Mangaung Correctional Centre (MCC) facility.

This includes indicating monitoring mechanisms, and proper systems to be put in place directing how the functionaries of the DCS and Contractors must effectively prevent and manage escapes of inmates within MCC, including all other correctional facilities.

Sub judice

The matter of Bester’s escape is currently before the court and sub judice. Simani said in the context of the National Assembly, Rule 89 amounts to a prohibition against any committee member from making reference to any matter before the courts.

Chairperson of the portfolio committee on Correctional Services, Kgomotso Anthea Ramolobeng with the G4S and Bester before the court, researchers will have to advise the committee on the way forward.

“The G4S contract with the department is still before court under litigation. There is not much that we can speak on those. The Thabo Bester escape on its own, is still a matter before court with all those who were employed by G4S, who are suspected to have equally planned that escape are also appearing before court.

“So it places the portfolio committee in a dicey situation, but I do agree that this team of researchers should look into the matter and be able to put together what is that the committee can look into to decide and finalise this matter in the future so that we do not do what we did previously, which did not do justice entirely,”

Bester escaped from Mangaung Correctional Centre, a privately run maximum-security prison, in May 2022. He faked his death in a cell fire with the help of celebrity doctor Nandipha Magudumana and several prison officials. He and Magudumana were arrested in April 2023 and are currently awaiting trial.

ALSO READ: Department of Correctional Services accused of dragging its feet after Thabo Bester’s escape