G4S is understood to be subcontracted by the Bloemfontein Correctional Contracts (BCC) to run the Mangaung Correctional Centre, based in Bloemfontein, Free State. The private company was set to move out of the prison on 31 July, as they were given 90 days to wrap up their business from 20 April 2023.

In a recent change of events, the departmental spokesperson, Singabakho Nxumalo, said the court has ordered BCC and DCS to mediate their disputes in accordance with the terms of the Concession Contract. “The two are to take the necessary steps for the finalisation of the mediation proceedings on or before 31 August 2023.”

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The BCC has invoked clause 72.3 of the Concession Contract, which reads inter alia as follows:-

“Any dispute other than one to which Clause 72.2 applies, shall be referred to mediation under the auspices of the Arbitration Foundation of South Africa. The mediation shall be held in Pretoria, and the Parties shall agree to the identity of the mediator, who shall, in consultation with the Parties, determine the manner and procedure of the mediation.”

It is also stated that DCS shall not take steps to implement the termination of the contract pending the final determination of the application. Should the two not find common ground before the end of August, the statement by DCS states: “In the event of the failure of mediation to resolve the disputes by 31 August 2023, the parties agree to the set down this application in the urgent court of 19 September 2023 for urgent determination.”

The prison in question has been making headlines since it was revealed the Facebook rapist Thabo Bester was able to move freely and escape while he was serving his sentence. He faked his own death and escaped in May 2022 when a fire broke out in his cell. An investigation by GroundUp shows the official DNA records of the corpse found in his prison cell in May 2022, do not match that of Bester.

Bester was sent to prison in 2012 when he was found guilty of murder and rape, amongst other crimes.

The charred body used as a decoy for Bester to escape in May 2022 was found with blunt force trauma. This body was brought inside the maximum security prison with a private vehicle. The national police spokesperson, Athlenda Mathe, told OFM News that they can confirm the charred body found in cell 35 has been identified following a direct match with the biological mother of the deceased. The confirmation by Mathe came after a Twitter user by the name of Batho Mpholo wrote: “The body that was burnt by Thabo Bester in prison was that of my son.”

On 12 April 2023, G4S appeared before a parliamentary committee of Justice and Correctional Services (JCS) to account for the well-executed Bester escape, which has since caused international interest. Bester is said to have first applied for a single cell on 15 April 2022, allegedly in fear for his life but withdrew the application two days later. He again applied on 30 April of the same year and was moved to the aforementioned cell whilst his application or papers were pending approval.

ANC Member of Parliament (MP) Anthea Ramolobeng and DA MP Adv. Glynnis Breytenbach grilled officials from G4S who appeared before the committee on Wednesday. Ramolobeng demanded to know who approved Bester’s move to cell 35 which another inmate already occupied. “The report indicates that from 19:39 the camera or the CCTV footage system seized to operate and they resumed operating at 04:10. The incident started to happen at 02:30 or 03:00 and it was not captured because the system was not working. Whilst we were there, an official from Integreton, who operates the system, was able to take us through and show you can temper with it,” Ramolobeng added.

However, G4S officials who appeared before the committee, said a report they received indicated that the loss of power was due to dysfunctional camera batteries or the CCTV stopped working. Bester allegedly had a luxurious lifestyle in Johannesburg after his escape. 

Bester and Magudumana were arrested in Tanzania earlier this month after being on the run from law enforcement in South Africa. They were brought back to South Africa on Thursday 13 April 2023 following their arrest in Tanzania.

OFM News

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