Cape Town – The Department of Correctional Services (DCS) has responded to Thabo Bester’s claims about his treatment at Kgoši Mampuru II Correctional Facility.
In June, during his pre-trial court appearance for the escape case, Bester claimed that he was being held in solitary confinement for 23 hours each day and was not provided sufficient time to meet with his lawyers.
The department rejected these claims and said that all security measures and conditions were standard and lawful.
“As DCS, it is clear that we are dealing with an inmate capable of engineering elaborate means to escape from lawful custody. Hence, we are duty-bound to employ strict security measures, within the confines of the law, in order to prevent any chance of him escaping once again.
“Apart from these security measures aimed at preventing an escape, the department has, since Thabo Bester’s admission at Kgoši Mampuru II Correctional Facility, treated him in the same manner that it treats other inmates at the said facility,” DCS said in a statement.
It clarified that while inmates at the high-security facility have single cells, this does not equate to solitary confinement.
“Equally, the department recognises that the conditions of detention of inmates should be consistent with human dignity, including at least an opportunity to exercise and provision of adequate accommodation, nutrition, reading material and the opportunity to access legal advice.
[JUST IN] #ThaboBester The Department of Correctional Services responds to Bester’s allegations
“As DCS, it is clear that we are dealing with an inmate capable of engineering elaborate means to escape from lawful custody. Hence, we are duty-bound to employ strict security… pic.twitter.com/wuMBR06LF0
— Silindelo Masikane (@Sli_Masikane) July 31, 2024
“That said, inmates are not entitled to be imprisoned with all the comforts they have enjoyed before their incarceration. A Correctional Centre is not akin to one’s own private residence. Therefore, those amenities that a person would ordinarily enjoy outside the Correctional Centre are not necessarily available in a correctional facility. That is an invariable consequence of being imprisoned,” the department said.
The DCS said Bester was allowed daily exercise, family contact, and had made numerous phone calls to lawyers.
“Thabo Bester is asking for ‘an in-person or physical legal consultations’ of not less than seven hours on prior arrangements and to allow him to use a laptop/tablet or any suitable gadget. He complains about a consultation using [a] wall steel telephone, whilst separated by a glass with his legal representatives, is not meaningful.
“Thabo Bester suggests that he should be afforded an opportunity to consult with his legal representatives in a specific office at the centre. With respect, there is no merit in Thabo Bester’s request. To be succinct, the request is unreasonable. Thabo Bester’s legal representatives can communicate with him during the consultation and take down the necessary notes.
“A consultation with his legal representatives from 09:00 – 16:00 on a daily basis is neither reasonable nor practical. Kgoši Mampuru houses hundreds of inmates who also need to use the consultation rooms. The Regulations allow for consultations on a daily basis from 08:00 until 15:00 in the afternoon. Therefore, if Thabo Bester’s request is acceded to, it will mean that one of the consultation rooms will be occupied by him the whole day,” the department said.
It said that it denied his request for extended in-person legal consultations and the use of electronic devices, saying:
• Thabo Bester’s request for gadgets will pose a security risk to the centre and might enable him to orchestrate another escape.
• The use of hand and leg cuffs on Thabo Bester is justified under section 31 of the Correctional Services Act. Before his incarceration at Kgoši Mampuru, Thabo Bester had escaped from a maximum-security prison. Without a doubt, the department is justified in having an apprehension that Thabo Bester might attempt to escape again.
“The manner in which Thabo Bester has been treated is consistent with what is prescribed by the Correctional Services Act and the regulations promulgated under the Act. Basically, safe and humane custody of inmates is at the centre of the correctional system.
“The Act provides that the aim of a correctional system is to contribute to maintaining and protecting a just, peaceful and safe society by enforcing sentences of the courts in a manner prescribed by the Act and detaining all inmates in safe custody whilst ensuring their human dignity,” the department said.
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Compiled by Betha Madhomu
