The Gauteng High Court in Pretoria set aside the government's decision to take over the Mangaung Correctional Centre in Bloemfontein.
The ruling reverses a state intervention that followed one of South Africa's most high-profile prison escapes. It establishes a legal precedent regarding the boundaries of state authority over privately operated maximum-security facilities.
The court found that the Department of Correctional Services had no legal basis to assume control of the privately run prison [1]. As a result of this finding, the court ordered the Minister of Correctional Services and the National Commissioner of Correctional Services to repay at least R1.7 million [2] to the private company that operates the facility.
This legal battle stems from the security failure involving Thabo Bester, a convicted rapist and murderer. Bester escaped from the Mangaung Correctional Centre in May 2022 [3]. The government's move to seize control of the prison occurred approximately 10 months [3] after that escape.
The decision to nullify the takeover underscores the contractual obligations between the state and private contractors. By ordering the repayment of R1.7 million [2], the court has signaled that administrative actions taken in the wake of a crisis must still adhere to established legal frameworks.
While the government sought to address the security lapses that allowed Bester to flee, the court determined the method of takeover was unlawful. The ruling restores the operational status of the private operator at the Free State facility.
“The court found that the Department of Correctional Services had no legal basis to assume control of the privately run prison.”
This ruling highlights a tension between emergency state intervention and private contract law. While the escape of Thabo Bester created a public security crisis, the court's decision emphasizes that the state cannot bypass legal procedures or contractual agreements even when responding to a high-profile failure in a maximum-security environment.
