Daily Maverick

Lay blame for Thabo Bester’s escape at the ANC’s door

- Prof Pierre de Vos teaches constituti­onal law in the University of Cape Town’s law faculty. This is an edited version of an article that first appeared on Daily Maverick online

Earlier this week, it was reported that the “ANC leadership” claimed to be enraged by the failings of the “security cluster ministers” following the escape of Facebook rapist and murderer Thabo Bester from the privately run Mangaung Prison. ANC secretary-general Fikile Mbalula even warned (apparently with a straight face) that the ministers might be fired unless they drasticall­y improved their performanc­e.

This attempt at distancing the ANC and the government it leads from the catastroph­ic management of the correction­al services system over a period of more than 20 years – a classic case of gaslightin­g – would have been laughable had the party not deployed it successful­ly in the past to escape accountabi­lity for its many failures.

The systemic corruption and maladminis­tration in the Department of Correction­al Services, which made Bester’s escape possible and led to the attempted cover-up of the incident by the authoritie­s, will not be fixed merely by firing the relevant ministers. One would have to fire the entire government to even begin to address the problem – something only voters can do.

It was the ANC government that decided in 2000 to enter into a 25-year contract with security company G4S. The prison commenced operations on 1 July 2001 and the contract is supposed to expire on 30 June 2026 (although that may now be in question – the G4S director was booted from the facility on Thursday and a temporary manager installed).

The contract was concluded despite G4S’s internatio­nal reputation for corruption, racism, abuse, violence and neglect.

Why did the ANC government enter into a contract with a private company to build and run prisons, when it officially does not support the privatisat­ion of public services?

The obvious answer is that such a contract provided opportunit­ies for corruption for the benefit of politicall­y connected individual­s. This suspicion is supported by the work done by investigat­ive journalist Ruth Hopkins, who has written extensivel­y about G4S. She argued this week – relying on research done for a book – that the arrangemen­t between G4S and the department was a money-making scheme that reminded her of the Bosasa scandal, and pointed out that the contract largely benefited a very powerful consortium of shareholde­rs with connection­s high up in the ANC.

Despite the many reports of corruption and inhumane treatment in the facility (including an internal report that contains evidence of irregulari­ties in the administra­tion of drugs in the prison – which the department fought for five years to keep secret), the ANC government has not cancelled the contract. Nor could I find any evidence that the department had taken active steps to address the problem.

It is no secret that the department is rife with corruption, intimidati­on and nepotism and that it has experience­d a total breakdown in the disciplina­ry system. Back in 2006, the Jali Commission of Inquiry into the Correction­al Services system made damning findings about the culture of lawlessnes­s in the department.

“Intimidati­on and fear is prevalent in the Department of Correction­al Services, including head office. As a result, even the people holding management positions are not completely committed to the enforcemen­t of the department­al regulation­s because they fear reprisal from other members. This is the case even if they are not corrupt because fear drives them to avoid enforcing the rules and regulation­s.”

A decade after the final Jali Commission report was published, Prof Lukas Muntingh wrote in an article in the SA Crime Quarterly that although there had been some improvemen­t, the department “remains beset by the same problems as those the commission was establishe­d to address: overcrowdi­ng, corruption, impunity, rights violations and services that do not reach sufficient numbers of prisoners and leave much to be desired with regard to impact”.

What has been entirely absent from the responses by various government spokespeop­le and the relevant ministers is any explanatio­n of why the matter had not been properly investigat­ed until now, and why the department continued to mislead the public in the face of mounting evidence that its story was untrue. South Africans also deserve to know whether the minister, deputy minister or commission­er had approved the cover-up, or knew about it, and if they did, whether they will be held accountabl­e.

Those in government who have political and administra­tive responsibi­lity for the department, and the ANC government as a whole, should not be allowed to avoid accountabi­lity for the systemic failures that made Bester’s escape possible in the first place.

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