BLOEMFONTEIN —A recent High Court judgment has officially set aside the decision to place the Mangaung Correctional Centre under state control, nearly four years after a high-profile inmate escaped from the facility. The judges determined that the emergency powers used to justify the intervention in the existing G4S contract failed to meet the legal requirements of the Correctional Services Act.
In addition to overturning the state control measure, the Department of Correctional Services has been ordered to repay over 1.7 million rand linked to the intervention. The court highlighted significant irregularities in the timeline surrounding the escape. According to the ruling, a Judicial Inspectorate report in late 2022 indicated the fugitive had escaped rather than died, a fact that was subsequently leaked to the media. However, the National Commissioner did not take action under Section 112 of the Act at that time. The department only reported the matter as an escape on January 12, with a formal decision taken in March. The private contractor argued during the proceedings that they were neither informed prior to the decision nor allowed to make representations.
The Chairperson of the Portfolio Committee on Correctional Services, a returning member familiar with the sequence of events from the previous administration, stated that the committee was apprised of the judgment recently and is scheduled to convene next week to process the ruling. Despite the legal setback regarding the appointment of a temporary manager, the Chairperson confirmed that the judgment does not affect the department’s planned takeover of the facility on July 1. The public-private partnership concession contract, which began in 2001, officially expires 25 years later on June 30, 2026. The committee previously pledged its support for the department to resume responsibilities by this deadline and plans to visit the facility next month to verify the transition.
Addressing the operational impact of the temporary management, the court noted it could not conclude the temporary manager had made the prison safer, improved management control, or achieved significant operational developments. The Chairperson echoed these concerns, noting that the facility continues to be plagued by allegations. Following the initial escape, another inmate died under circumstances involving allegations of torture and being pepper-sprayed by officials. This matter remains sub judice and is currently under investigation by the national police service. The Chairperson contrasted the facility with Gudama, the country’s other public-private partnership prison, which rarely faces similar controversies.
Moving forward, the Department of Correctional Services, alongside the current Minister and the National Commissioner, is expected to clarify the implications of the ruling, including the repayment of the 1.7 to 1.8 million rand. The Chairperson has also subjected the matter to Parliament’s legal team for further advice and probing. The department must now decide whether to adhere to the judgment or file an appeal, while the portfolio committee awaits clear directives on its oversight role.
