DCS fingered for poor handling of Thabo Bester escape while Patekile Holomisa is off the hook

Former correctional services deputy minister Patekile Holomisa has been let off the hook over Thabo Bester's infamous escape from a Mangaung prison while department of correctional services (DCS) officials were fingered for their poor handling of the saga.

These were the findings made by public protector advocate Kholeka Gcaleka in her report into the convicted murderer and rapist's escape from the Mangaung Correctional Centre (MCC) in 2022.

Gcaleka was tasked with investigating allegations of improper conduct by DCS officials after the audacious escape as well as whether there was “undue delay and/or omission” on Holomisa's part in intervening when he received a tip-off.

On the morning of May 3 2022 the department of correctional services claimed Bester had died after a fire had broken out in his single cell at about 3.35am. Allegations later emerged that Bester had walked out of the maximum security prison disguised as a warder with the help of prison officials.

Two months later a man who closely resembled Bester was spotted shopping at Woolworths in Sandton City. 

Bester and his lover Dr Nandipha Magudumana were arrested in Tanzania a year later. Prison officials and Magudumana's father were nabbed in connection with his escape.

In her report the public protector said the investigation stemmed from a complaint received from Elias Muller on March 28 2023. 

Muller alleged: “According to his observations and based on several media reports, the DCS might have acted in breach of its legal obligation and in violation of the constitution in the handling of the incident that led to Bester’s escape from prison.

“[That] DCS did not do an ‘admirable’ job after the fire that occurred in Bester's prison cell [and that] DCS' failure to investigate the incident properly and urgently exposed Bester's victims to possible fear for their lives and exposed the public to Bester's ‘violent and fraudulent conduct’.”

Muller also alleged the department's handling of the saga was “embarrassing” and in violation of the constitution. He also asked for an investigation into Holomisa's handling of a tip-off he got from an official in 2022 regarding Bester's escape.

In her findings, the public protector found that while the department was told of Bester's escape by police in June 2022 and the Judicial Inspectorate for Correctional Services the next month, it “took no less than six months” for it to open an escape case. 

“Furthermore, it took the DCS approximately 55 calendar days post its investigation report dated November 18 2022 to report the matter to the police on January 12 2023.

“DCS’ internal investigation report makes no findings relating to their own inadequacies and delays but rather focuses on contractual lapses and breaches by G4S. It is clear the outcome of DCS’ investigation had no bearing on reporting the matter to the police.”

Gcaleka also found there was “undue delay” by DCS officials Chris Mahonono and Roseline Phahlane in complying with the “regulatory prescripts imposed on them”.

Mahonono is the department's controller at MCC and Phahlane is its director contract manager. 

She fingered Mahonono for his “casual approach” in opening a case with the police, even after the conclusion of the department's internal investigation, and Phahlane for “relinquishing her responsibility” to report the escape to the MCC director employed by G4S.

“Accordingly, the public protector finds the conduct of Mahonono and Phahlane constitute improper conduct as contemplated in terms of the constitution and amounts to undue delay as envisaged in the Public Protector Act.”

Since both have faced disciplinary action by DCS, Gcaleka said she “will not be taking any further remedial action”.

She did, however, order national commissioner Makgothi Thobakgale to develop an appropriate escape prevention strategy and guidelines for the Mangaung prison within 90 days.

He was also ordered to “ensure DCS has a documented guideline which communicates how anonymous anti-corruption reports from the centralised hotline and other sources will be attended to by the department”.

Turning to Holomisa, the public protector said she could not find his conduct was improper as he was already aware of the department's investigation into the matter by the time he got the tip-off.

While he was not aware of the scope of the probe, Gcaleka found the former deputy minister “was satisfied and confident the matter was receiving the necessary attention” from the national commissioner.

Furthermore, evidence reveals Holomisa was being kept informed by the commissioner of developments regarding the internal investigation conducted by DCS through informal discussions (in person or telephonic) he often holds with Thobakgale.

Bester was in August 2012 sentenced to life imprisonment for murder after stabbing his girlfriend, car saleswoman and model Nomfundo Tyhulu, in a Cape Town bed and breakfast.

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