Correctional Services Minister Pieter Groenewald said on Thursday that he was pondering whether to continue with court action involving the private prison in Bloemfontein where inmate Thabo Bester escaped three years ago.
This as the disputed contract, which is the subject of litigation in court, was due to expire in a year’s time.
Groenewald said despite the ongoing court action over the Bloemfontein Correctional Centre (BCC), which is managed by G4S security, the contract was coming to an end in June next year.
“Is it worth it to continue to go to court with millions of rands of taxpayer money when the contract ends in June next year? Those are considerations I will have to take in this specific matter,” he said.
Groenewald made the statement during a question and answer session in the National Assembly when he was quizzed about the cancellation notice the department issued to the Bloemfontein Correctional Centre contract in May 2023.
His predecessor Ronald Lamola last year announced plans to take over the management of the Bloemfontein-based private prison within 90 days, following the issuing of the termination notice of the contract.
This was after the department obtained legal opinion that deemed the BCC was not suitable to continue with the management contract. The private company then instituted legal action.
Groenewald told MPs that his department was going to provide an update on the termination notice of the concession contract as soon the pending legal proceedings were finalised.
“We are in a litigation process with BCC. BCC and G4S have taken the department to court challenging the notice of termination of the concession contract as issued by the national commissioner of the Department of Correctional Services. There are specific matters they raise in the notice of termination.”
He said the contract with BCC will expire in June 2026 while that of another privately-run prison, Kutama Sinthumule Correctional Centre in Makhado, Limpopo, that was managed by the South African Custodial management, will end in February 2027.
Groenewald said the department has done its homework ahead the expiry of the BCC contract next year.
“It does not mean we have taken a decision to continue or not,” he said, adding that he could not at the moment answer if the contract will be continued.
“When I have to make that decision, it will be an objective decision in what is in the best interest of South Africa and in the best interest of Correctional Services. If they (BCC) want to play this recording in court, they are welcome. I did not take a decision yet,” he said.
However, Groenewald said they were busy with a plan that was looking at the pros and the cons for the takeover of the privately managed prisons.
“We are busy with those plans and it involves both the private institutions.”
The Minister indicated that there was a general view and perception that privately managed prisons were better than government managed facilities.
“We are to make an informative decision when we come to that point,” he said.
Groenewald, who conducted two visits to BCC since he became the minister, said disciplinary steps were being taken against the two departmental officials who were implicated in the escape of Bester.
He said the officials did not immediately report the escape in May 2022 to the national commissioner.
“They only reported and informed the national commissioner of Correctional Services in November of that year, whereas they were supposed to do so immediately.”