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Introduction to Central Services BranchBuilding a caring correctional system that truly belongs to all

Presented by; Regional Commissioner: Western CapeJG Smalberger

PRESENTATION TO THE PORTFOLIO COMMITTEE QALAKABUSHA and GROOTE SCHUUR INCIDENTS

MAY 2008

PURPOSE OF THE PRESENTATIONPURPOSE OF THE PRESENTATION

To brief the Portfolio Committee on:To brief the Portfolio Committee on: Qalakabusha and Groote Schuur IncidentsQalakabusha and Groote Schuur Incidents

QALAKABUSHA INCIDENTQALAKABUSHA INCIDENTBACKGROUNDBACKGROUND

4 August 2007 ten (10) inmates escaped from Qalakabusha Correctional 4 August 2007 ten (10) inmates escaped from Qalakabusha Correctional Centre Centre

Escape reported to the South African Police Services (SAPS) at EmpangeniEscape reported to the South African Police Services (SAPS) at Empangeni

Preliminary investigation was conducted by the Regional Office, KwaZulu-Preliminary investigation was conducted by the Regional Office, KwaZulu-Natal (KZN)Natal (KZN)

18 officials were suspended based on suspicion of gross negligence and 18 officials were suspended based on suspicion of gross negligence and possible collusion with inmatespossible collusion with inmates

Departmental Investigations Unit (DIU) of the DCS investigated the matter Departmental Investigations Unit (DIU) of the DCS investigated the matter

Suspension of four (4) officials uplifted on 15 August 2008Suspension of four (4) officials uplifted on 15 August 2008

Investigation finalized by DIU and report with findings and Investigation finalized by DIU and report with findings and recommendations producedrecommendations produced

THE ESCAPEESTHE ESCAPEES

Nine (9) inmates that escaped were from unit 12 and one (1) from unit Nine (9) inmates that escaped were from unit 12 and one (1) from unit 16A. They were:16A. They were:

Thilili Mzimela, Thilili Mzimela, Mzwenhlanhla Sikhosana,Mzwenhlanhla Sikhosana, Ndoda Sibusiso, Ndoda Sibusiso, Mkhosi Mdluli, Mkhosi Mdluli, Sipho Buthelezi, Sipho Buthelezi, Petros Sibiya, Petros Sibiya, Blessed Khanyile, Blessed Khanyile, Mbuyazi Mkwanazi, Mbuyazi Mkwanazi, Xolani Ngobese and Xolani Ngobese and Phlwanhlanhla Mbatha. Phlwanhlanhla Mbatha.

FINDINGSFINDINGS

Ten (10) inmates escaped from Qalakabusha Correctional Centre on Ten (10) inmates escaped from Qalakabusha Correctional Centre on 4 August 2007 at about 12h00 midday.4 August 2007 at about 12h00 midday.

They moved through all gates without any hindrance, cut the They moved through all gates without any hindrance, cut the diamond mesh of a passage and cut the wire fence.diamond mesh of a passage and cut the wire fence.

Officials were found to have been grossly negligent for the following Officials were found to have been grossly negligent for the following reasons:reasons:

Failing to ensure that all critical posts were mannedFailing to ensure that all critical posts were manned Allowing inmates to leave units without reason; without being Allowing inmates to leave units without reason; without being

identified; without being searched and without being escortedidentified; without being searched and without being escorted Allowing inmates to have security equipment (two-way radios) in Allowing inmates to have security equipment (two-way radios) in

their possessiontheir possession Leaving inmates unlocked for undetermined periods of timeLeaving inmates unlocked for undetermined periods of time Failing to search or ensure proper searching of inmatesFailing to search or ensure proper searching of inmates

FINDINGSFINDINGS

Failing to visit (and do inspection) inside the centre in terms of the policyFailing to visit (and do inspection) inside the centre in terms of the policy Failing to report for duty on timeFailing to report for duty on time Failing to ensure that a parade or assembly is held to ensure that all staff Failing to ensure that a parade or assembly is held to ensure that all staff

are on dutyare on duty Negligently opening the gates for the ten inmatesNegligently opening the gates for the ten inmates Using inmates to call other inmates for their visitorsUsing inmates to call other inmates for their visitors

RECOMMENDATIONSRECOMMENDATIONS

The following recommendations were made:The following recommendations were made:

Formal disciplinary steps be taken against the Head of Security, Head of Formal disciplinary steps be taken against the Head of Security, Head of the Centre, Unit Managers for unit 12 and 16A, officials operating the main control, the Centre, Unit Managers for unit 12 and 16A, officials operating the main control,

officials responsible for the sally port, searching of inmates and locking gatesofficials responsible for the sally port, searching of inmates and locking gates

The evaluation of the post establishment of the Centre for both during the week and The evaluation of the post establishment of the Centre for both during the week and weekends weekends

The Head of Centre to ensure that all panels in the Centre are manned and operated The Head of Centre to ensure that all panels in the Centre are manned and operated according to the policies and procedures of the Departmentaccording to the policies and procedures of the Department

The Head of Centre to ensure that parades / assemblies are held before the start of The Head of Centre to ensure that parades / assemblies are held before the start of every shiftevery shift

The Head of Centre to ensure that staff is properly trained on all panelsThe Head of Centre to ensure that staff is properly trained on all panels

The Head of Centre to ensure that the electricity fence is switched on at all timesThe Head of Centre to ensure that the electricity fence is switched on at all times

RECOMMENDATIONSRECOMMENDATIONS

The security of the Centre be assessed with specific reference to the The security of the Centre be assessed with specific reference to the following:following:

# Possible replacement of the diamond mesh in the passage with a # Possible replacement of the diamond mesh in the passage with a more secure materialmore secure material

# Erecting a fence on the outside of the current fence to keep public away # Erecting a fence on the outside of the current fence to keep public away from the security fence and for safer and easier patrollingfrom the security fence and for safer and easier patrolling

# Erecting tower posts around the Centre# Erecting tower posts around the Centre

# Building a new visitor’s facility on the outsdie of the entrance to ensure # Building a new visitor’s facility on the outsdie of the entrance to ensure control of visitorscontrol of visitors

# Placing CCTV cameras in passage and areas with security risk# Placing CCTV cameras in passage and areas with security risk

# Development of a security-compliant system to address the calling of # Development of a security-compliant system to address the calling of inmates who have visitorsinmates who have visitors

STATUS OF DISCIPLINARY STEPS AGAINST STATUS OF DISCIPLINARY STEPS AGAINST OFFICIALSOFFICIALS

Unit 12 disciplinary hearingUnit 12 disciplinary hearing

Five officials charged for gross negligenceFive officials charged for gross negligence

Three dismissed, one demoted and one acquittedThree dismissed, one demoted and one acquitted

Unit 16 disciplinary hearingUnit 16 disciplinary hearing

Three officials charged for gross negligence Three officials charged for gross negligence

All dismissedAll dismissed

Main control disciplinary hearingMain control disciplinary hearing

Two officials have appealed against the sanctionTwo officials have appealed against the sanction

Both dismissedBoth dismissed

STATUS OF DISCIPLINARY STEPS AGAINST STATUS OF DISCIPLINARY STEPS AGAINST OFFICIALSOFFICIALS

Social worker disciplinary hearingSocial worker disciplinary hearing

One official charged for gross negligenceOne official charged for gross negligence

Official acquittedOfficial acquitted

Investigation into re-initiating the charges is underwayInvestigation into re-initiating the charges is underway

Managers disciplinary hearingManagers disciplinary hearing

Two officials charged for gross negligence Two officials charged for gross negligence

Matter not yet finalized – postponed to 19 May 2008Matter not yet finalized – postponed to 19 May 2008

Appeal mattersAppeal matters Dismissed officials have appealed against the sanctionDismissed officials have appealed against the sanction Dismissal confirmedDismissal confirmed

CONCLUSIONCONCLUSION

Second phase of the investigation undertaken recommended Second phase of the investigation undertaken recommended

disciplinary hearing against two SMS members for gross negligencedisciplinary hearing against two SMS members for gross negligence

and dereliction of dutyand dereliction of duty

GROOTE SCHUUR INCIDENTBACKGROUND

Lunga Luke was arrested in connection with a cash in transit Lunga Luke was arrested in connection with a cash in transit robbery as well as escaping from police custody on 30 October 2004robbery as well as escaping from police custody on 30 October 2004 and admitted to Pollsmoor Admission Centre on 03 November 2004.and admitted to Pollsmoor Admission Centre on 03 November 2004.

14 March 2005 Emergency Support Team (EST) members escorted 14 March 2005 Emergency Support Team (EST) members escorted awaiting trial offender Lunga Luke to Groote Schuur hospital. awaiting trial offender Lunga Luke to Groote Schuur hospital.

Whilst waiting in the reception area, the EST members were attacked Whilst waiting in the reception area, the EST members were attacked by unknown assailants.by unknown assailants.

The late Mr Horn, EST member was fatally injured and Mr M The late Mr Horn, EST member was fatally injured and Mr M Hendricks was wounded. Hendricks was wounded.

PRESENTATIONS TO THE PORTFOLIO COMMITTEEPRESENTATIONS TO THE PORTFOLIO COMMITTEE

10 August 2005 a presentation was made to the Portfolio Committee 10 August 2005 a presentation was made to the Portfolio Committee in a closed session. in a closed session.

On the 05 June 2007 an updated report was presented to the On the 05 June 2007 an updated report was presented to the Committee focusing on the: Committee focusing on the:

Administrative improvements implementedAdministrative improvements implemented Disciplinary actions taken Disciplinary actions taken Report of SAPSReport of SAPS

13 November 2007- Reported on as part of security incidents 13 November 2007- Reported on as part of security incidents presentation presentation

INVESTIGATIONINVESTIGATION

Departmental Investigation: Departmental Investigation: Investigation team was appointed by the Regional Investigation team was appointed by the Regional

Commissioner: Western CapeCommissioner: Western Cape The investigation was concluded on 09 May 2005The investigation was concluded on 09 May 2005

Findings: Findings: - Offender (Lunga Luke) was escorted to Groote Schuur Offender (Lunga Luke) was escorted to Groote Schuur

hospital by the Emergency Support Team (EST) members for hospital by the Emergency Support Team (EST) members for a medical appointment.a medical appointment.

- four (4) members escorted the offender in a panel van and four (4) members escorted the offender in a panel van and sedan to the Hospital.sedan to the Hospital.

- the members were in possession of bullet proof vests, but the members were in possession of bullet proof vests, but did not wear them during the escorting of the offender.did not wear them during the escorting of the offender.

- that the members were issued with 9mm pistols and an R4 that the members were issued with 9mm pistols and an R4 rifle.rifle.

- the offender (Luke) was under the direct supervision of the offender (Luke) was under the direct supervision of Messrs. Horn and Hendricks inside the waiting / reception Messrs. Horn and Hendricks inside the waiting / reception area of the Hospital were the attack occurred and the area of the Hospital were the attack occurred and the members were shot.members were shot.

INVESTIGATIONINVESTIGATION

Departmental Investigation and findings, continue:Departmental Investigation and findings, continue: one of the attackers allegedly was carrying an AK47 rifle and one of the attackers allegedly was carrying an AK47 rifle and

was firing shots at them.was firing shots at them. that the officials prevented the Awaiting Trial Detainee from that the officials prevented the Awaiting Trial Detainee from

being freed by unknown attackers.being freed by unknown attackers. the incident was also criminally investigated by SAPS.the incident was also criminally investigated by SAPS. awaiting trial detainees are admitted with limited information on awaiting trial detainees are admitted with limited information on

their committal warranttheir committal warrant..

INVESTIGATIONINVESTIGATION

Disciplinary Actions:Disciplinary Actions:

Eight (08) members were disciplinarily charged of which:Eight (08) members were disciplinarily charged of which:

two (02) were found guilty and received serious written two (02) were found guilty and received serious written

warnings warnings

three (03) officials had their case withdrawn, three (03) officials had their case withdrawn,

one (01) was acquitted, one (01) was acquitted,

one (01) was dismissed on another unrelated caseone (01) was dismissed on another unrelated case

one (01) passed away before the finalization of the caseone (01) passed away before the finalization of the case. .

REMEDIAL ACTIONS, contREMEDIAL ACTIONS, cont

Stakeholder Interaction:Stakeholder Interaction:

meeting with Groote Schuur hospitalmeeting with Groote Schuur hospital

interactions with SAPSinteractions with SAPS

Service Level Agreement was signed with Provincial Health Service Level Agreement was signed with Provincial Health

DepartmentDepartment

REMEDIAL ACTIONS, contREMEDIAL ACTIONS, cont

Service Level Agreement:Service Level Agreement: inform hospital in advance of high risk offendersinform hospital in advance of high risk offenders reduce the treatment of minor medical cases at Hospitalsreduce the treatment of minor medical cases at Hospitals strict confidential handling of appointments. strict confidential handling of appointments. high risk offenders are held in separate designated areas at the high risk offenders are held in separate designated areas at the

hospitalhospital improved security at Hospitalsimproved security at Hospitals

REMEDIAL ACTIONSREMEDIAL ACTIONS

Internal remedial Actions:Internal remedial Actions: the files of high profile offenders are marked in red when the files of high profile offenders are marked in red when

admitted.admitted. offender Lunga Luke was transferred to a maximum detention offender Lunga Luke was transferred to a maximum detention

centre. centre. nominated officials liaise personally with hospitals for nominated officials liaise personally with hospitals for

appointments. appointments. effective interaction with security agencies.effective interaction with security agencies. emergency Support Teams (EST) receive refresher training and emergency Support Teams (EST) receive refresher training and

ordered to wear bullet proof vests .ordered to wear bullet proof vests . high Profile offenders are escorted and accompanied by EST high Profile offenders are escorted and accompanied by EST

members to hospitals. members to hospitals. affected officials were referred for debriefing sessions.affected officials were referred for debriefing sessions.

PENDING MATTERSPENDING MATTERS

Criminal charges Criminal charges

Claims against the DepartmentClaims against the Department

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Introduction to Central Services BranchBuilding a caring correctional system that truly belongs to all

Presented by; Regional Commissioner: Western CapeJG Smalberger

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