A REPORT by JUSTICE MTR MOGOENG Mogwase Correctional

Home , Mogwase, Rustenburg, Sun City (South Africa)

A REPORT BY JUSTICE MTR MOGOENG

Mogwase Correctional Centre

Introduction My clerks, Ms Joelle Barnes, Ms Nomonde Nyembe, and I visited the Mogwase Correctional Centre, in the North West Province, on 14 June 2010. We were warmly received by the Management of the Centre under the leadership of Mr N.S. Nkosi, who is the Head of the Mogwase Centre.

Mogwase Centre has the capacity to accommodate 1400 offenders 1 and currently houses 600 (including 57 awaiting trial offenders). Space was created to accommodate 300 Soccer World Cup offenders who were expected to come to the Centre from Rustenburg, Sun City and Bafokeng.

On the whole it is a fairly well-run Centre notwithstanding a few challenges which I note below:

Staff (a) Three posts of Senior Correctional Officers, who should assist the Centre Coordinator, were vacant. These are officers responsible for the rehabilitation of offenders. The result is, the core business of the centre which is correction or rehabilitation is significantly compromised. (b) The posts of the Human Resources Manager and the Senior State Accountant are also vacant. (c) The post of the Head of Security is vacant. He or she is the one who should prevent and address assaults, prevent escapes, control or prevent unauthorised weapons for the safety of visitors, staff, and the inmates. He or she also has to prevent riots. (d) Only 170 of the 214 posts which were approved in 2003 have been filled. Ideally, a 250 strong workforce is, according to management, required to carry out the business of the centre well.

1 This figure is determined by the Deputy Director of Correctional Services.

1 We were led to believe that a moratorium has been placed on the filling of vacancies. As a result even the above critical posts have remained vacant for a long time. A visit to other Centres, however, exposed us to an altogether different perspective, particularly in Kimberley.

Training Some of the activities through which skills could be transferred to the inmates have been discontinued owing to challenges that the Department of Labour apparently has with regard to transferring money, dedicated to skills development, to the Centre. This concern was raised by all five centres we visited except for the New Kimberley Correctional Centre. Inmates are however trained to manufacture jerseys for all correctional centres in South Africa. We were very impressed. They have even been trained to service and repair the sewing machines themselves.

Educational programs with a good library are in place. A lot needs to be done, however, to upgrade the skills of the IT instructors so that they can in turn impart more on their students.

Kitchen and Laundry The electric pots and the laundry equipment have been in a state of disrepair for some five years and clearly require urgent attention. Three legged pots are used to cook for the inmates in an open space with wood fires and this could be problematic when it rains or when it is too hot. Public Works is said not to have been helpful at all.

Medical Facilities Medical facilities are in a good state. The balance of the report prepared by my clerks under my supervision follows below.

Important statistics • Capacity – 1400 offenders • Current occupancy – 687 offenders (plus 300 beds set aside for Soccer World Cup offenders) • Current percentage of occupancy – 49% of its capacity • Awaiting trial detainees – 57 offenders (housed in separate units) • Security classification of centre – minimum security

2 • Classification of offenders / detainees – adult, male • Escapes – none • Gangsterism is not a concern, the centre has the capacity to diffuse any gangster- related activities. • The three meal policy is fully implemented.

Mr Nkosi reports that the number of violent crimes committed by offenders against other offenders has been reduced by 98%. Sexual violence is rarely reported, and as such it seems that it is not a problem. There was one incident of forced sexual intercourse over the weekend. The case has been opened with the South African Police Service and the victim was given medical treatment. Apparently, such incidents are sometimes only reported where there was a breach of a promise of payment for sexual acts or where consent to the sexual intercourse was garnered under duress.

Personnel Head of correctional centre – Mr NS Nkosi Mr Ntatisang –Co-ordinator of Corrections and offender rehabilitation, also managing staff support and correctional support, security and human resources. Head of Security – vacant (currently falling under Mr Ntatisang’s role) Mr Gubela – case management officer Ms Mokwoena – social worker (one of three) Mr Meli – Manager for agriculture, skills training and helps with human resources Mr Seabucha – nurse (one of 3) Mr Diba – in charge of requisitioning furniture, food etc. Roving doctor (once a month) and dentist (once a week) 3 permanent nurses Librarian – currently vacant. Number of approved staff members – 214 Current number of staff members – 170. “Ideal” number of staff members – 250.

Facilities

3 • Mogwase Centre has one bed per offender, with mattresses and blankets. There is no shortage of these amenities. • Tuckshop for visitors (open daily), tuckshop for offenders (available once a month on a cashless system). • Computer room with 6 old computers (these were old computers donated by government department when they upgraded) and 1 new computer (being used by an offender who is studying towards a diploma in IT). • School – four classrooms. Offenders who attend schools are housed in separate cells. • An impressive library, easily accessed by all. • Workshop (textile factory and maintenance of sewing machines; inmates jerseys are manufactured here). • Chapel / church room. • One cell has specifically been adapted to accommodate an inmate who is paraplegic as a result of being shot by a police officer. There are special rails around the cell and chains from the roof with which he can manoeuvre himself into bed and to use the facilities.

Kitchen The kitchen is sufficiently clean, very spacious and organised. The lady running the kitchen, with the help of several offenders prepares all three meals per day on a 12-day protein diet. The produce is fresh and the offenders receive protein once a day, with vegetables/fruit and starch as part of every meal. There were no complaints about the food which is tested daily by a member of staff to ensure that it is satisfactory. We also tested the food and found it to be acceptable.

The deep frying vats and electric boiler pots have been broken for a number of years now (Mr Nkosi states that at least one pot has been broken for the entire duration of his time in charge – since 2003). For the last six months the kitchen has been cooking the meals in 3-legged pots over fires. The centre is waiting on the Department of Public Works to repair in replace the pots.

4 Health care • Sickbay with attached room for monitoring ill patients, although it is not staffed on a 24-hour basis. Seriously ill patients are assessed and sent to hospital. There is always a nurse on standby. Mogwase Centre has its own ambulance parked outside to transport them. • Medicine storeroom • Dressing room (for dressing wounds, also has facilities for suturing) • Quarantine room for offenders with communicable diseases • Dentist room with dentist chair

Rehabilitative programmes and opportunities There is a whole section called the “school” whose motto is “Each one, teach one”. One hundred and twenty offenders live in this unit and study in the “classrooms” which are rooms converted from the former women’s centre. Classrooms are a bit run down and do not have any modern facilities but the school seems to be running well. The school was on holiday and so we were unable to see how it operates. The centre has three offenders teachers become tutors to aid in others’ learning. ABET levels 1-4 as well as Grades 10-12, are offered offenders do not have to pay for this. The school is very supportive of offenders who choose to study diplomas and degrees through UNISA but policy dictates that offenders have to pay for such themselves. There are also five offenders currently studying diplomas, and one studying for a degree. We met one offender who is in the process of studying for the practical element of his computer science diploma. The centre holds a graduation event when the offenders finish their courses. The library has an extensive collection of workbooks and textbooks and is currently run by the offenders.

Some offender rehabilitative programmes are provided, although some have been discontinued running to budgetary constraints Mr Nkosi suggested that there are some concerns amongst the offenders that these are not effective.

The offenders used to be able to take art lessons particularly making, amongst other things, papier mâché sculptures and pottery bowls as well as paintings. These art lessons had to end because of the recession “belt tightening”. The artefacts of those lessons are abandoned in a corridor in the former women’s prison.

Some offenders work in the workshop sewing tracksuit tops for the correctional services population across the country. Eighteen offenders work in the workshop for a nominal gratuity in a production line cutting, assembling and sewing the jerseys. They produce up to 300 tops a day. There are eight sewing machines. The workshop also does its own repairs on the machines which both saves time and money in repairs and teaches offenders vital skills.

Offenders are taught about agriculture by working in the fields surrounding the centre. Mogwase Centre grows vegetables and breeds cattle. As such, offenders are taught valuable life skills. They train the offenders in the agricultural skills required to farm rather than merely treating the offenders as a workforce or source of labour.

HIV Counselling is part of an orientation programme and offenders are encouraged to be tested. HIV positive offenders’ CD4 counts are monitored and when they drop below 200 the offenders are given ARV’s. Offenders will usually be placed on medical parole when they get very sick.

Legal support At the reception of prisoners the offender is made aware of the rules relating to the appeal against convictions. If the offender decides to appeal his conviction, he is made to sign a certain form which explains the prisoners’ rights. The prisoner’s name is passed on to a records officer, Ms Morate who will help with the typing of appeal documents and whose job it is to inform the prisoners of the outcomes of their appeals and reviews. The officer in charge of reception stated that they would require at least two more officers to work in that department in order for it to run effectively.

The phone number for the Legal Aid Board is boldly displayed in a prominent position right near a public phone booth and the Legal Aid Board visits the centre every month. The offenders expressed some dissatisfaction over the attitude and aptitude of the Legal Aid Board practitioners.

Psycho-social development

6 Besides church activities and schooling, offenders can partake in several programmes run by the social workers, including programmes to deal with life skills, anger, management sexual offences and substance abuse. The staff shortages have also affected the implementation of these programmes, but anger management and sexual offenders programmes are running.

Offender concerns

Awaiting trial detainees Over 24 months for completion of trial – 5 detainees (co-accused in the same robbery incident) 1. Kenneth Motsatsing 207448639 2. Paul Menoe 207448640 3. Mekwane Nchemia 207448883 4. Simon Segatle 207448716 5. Makgatho Richard 207448841 (on trial for a robbery. Admitted to Mogwase CC in 2007/02/22) 21 – 24 months – 1 detainee 12 – 21 months 9 – 12 months

A number of awaiting trial detainees 8 have been granted bail but have been unable to afford it and as such they are incarcerated. They are: 1. Mr Modikoe 210448788 (R1000 bail for housebreaking) 2. Mr Dalingebe 210448793 (R300 bail for theft) 3. Mr Sobetwa 210448782 (R500 bail for murder) 4. Mr Tiro 210448821 (R700 for robbery) 5. Mr Golomane 209449036 (R1000 bail for housebreaking) 6. Mr Mokoane 210448698 (R1000 bail for rape) 7. Mr Sithole 210448715 (R500 bail for robbery) 8. Mr Sokase 210448792 (R500 bail for robbery) Mr Nkosi summed up the sentiment for most of the awaiting trial detainees “they want to go home.”

7 Institutional challenges Mr Nkosi highlighted concerns about the staff shortages within the centre producing the vacant post of the head of security. The centre particularly lacks unit managers and senior correctional officers. There is a need for all officers to be adequately trained in security and rehabilitation since the new unit based model envisages a direct link between the officers and the offenders’ rehabilitation.

Mogwase Centre is dependent on the Department of Labour for help with vocational skills training (as happened in the past) however the Department has become lethargic and as such they are looking at other partners to train offenders in carpentry and bricklaying. The centre would also like to help the community by providing services to help the community, such as building houses, but there is a misunderstanding between the department of labour and them and as such there has not been such a thing in a few years.

Conclusion We enjoyed our visit at the Mogwase Centre. We got the sense that the centre is doing the best job that it can with its limited resources. The offenders did complain about wanting to be transferred to centres with more activities and training or closer to their loved ones. The centre could do with more resources to run life-skills and vocational skills training. There is a reason to be concerned about the failure of the Department of Public Works to fix the kitchen pots and boilers. The school, although a bit run down, is well established and seems to be the pride and joy of the centre. There is a lot of empty space as a result of the closure of the women’s centre and the centre could be used to accommodate more offenders, subject to more resources being made available.

8 Mogwase Correctional Centre Individual complaints

Awaiting trial detainees Kgomotso Jeremia Maghabela (210448697) Mr Maghabela suffers from epilepsy. He was arrested in March 2010 and visited by his family subsequent to. They brought him medication when they visited, however, failed to bring Mr Maghabela’s hospital card. Due to that he cannot be prescribed any more medication despite that fact that it has run out. He was transferred from the Koster Correctional Centre to Mogwase.

Justice Mogoeng suggested that Mr Maghabela be transferred back to Koster because that would result in him being closer to his family and would enable them to bring the hospital card to him. We were informed that the admission office would help him

Mose Paty (210448641) Mr Paty’s trial is being heard at the Madikwe Magistrates’ Court and has been running for six months. He alleges that he has been taken to the court on four separate occasions and in each one of them he got there after his matter had been called and postponed due to his absence. He requests, therefore, that he be brought to the court holding cells a day or two before his matter is heard.

Justice Mogoeng suggested that this matter be raised by Mr Paty on his next court date.

Tshegofatso Molefe (Prison No. 210448642) Mr Molefe requires treatment for an undisclosed illness. The doctor of the Mogwase Centre cannot, however, prescribe medication for the detainee’s illness until his private doctor waives he has rights as such.

Quinton Hatting (Prison No. 210448728) Mr Hatting is accused of housebreaking and theft. He has requested the docket of the case against him. He was told to pay for the copies of the docket and has done so but has not been given the full docket. He is unhappy about having to pay for the court docket and suspects that the prosecutor is attempting to delay the trial or the handing over of the full docket. He

9 has not been granted any bail and alleges that he was assaulted an the Rustenburg CC, but has pressed charges at the equality court. His trial has also been delayed because of transport issues (only arrived at the court too late for several hearings). The matter is being heard at the Rustenburg Magistrates’ Court (Case No. DS 5/10).

Bekemfy Thembinkosi (Prison No. unavailable) The first court date was in July 2009. The matter is postponed every time it is meant to begin due to the lack of preparedness of the DPP. The matter is being prosecuted by Mr Pienaar at the Northarm Court in Limpopo.

Lubable Hlamedlini (Prison No. unavailable) Mr Hlamedlini paid R3000 to an attorney (Rocky Modisakeng) for representation during a bail hearing. He has another legal representative (Betly Diame) for the criminal matter but would like to know why Mr Modisakeng has not assisted him with the bail hearing. Rocky Modisakeng’s details are: Cell: 073 551 4022 Tel: 014 565 2476 Address: Suite No. 21, Foro Spar Mall, Tlhabane, North West

Richard Teboso Sebellele (210448790) The witnesses in the matter against Mr Sebellele have been crowded out. He is represented by Mr Sambo of the Legal Aid Board (LAB). The matter is being heard before Mr Nel at the Rustenburg Magistrates’ Court.

Omary Nyoka (Prison No. 209449049), Alibigo Mega (Prison No. 209449105), Mogas Daniel Mulgata (Prison No. 209449051) and Leorondo Musumbe (Prison No. 209449050) These co-accused allege that the matter against them, that has been running since 9 September 2009, bears no merit. They allege that: there is no evidence against them; there are only two witnesses to testify against them and the matter has taken too long. Alibigo and Mogas Daniel both claim to be Ethiopians in South Africa having been granted asylum here. Both have lost their asylum papers in the centre and need them for the trial. They have no way of getting them back. Albigio’s reference number for asylum is: PTAETH

10 03620409 and his birthdate is 20 April 1982. Mogas Daniel did not tell me his details other than that he was born in 1980.

James Jabu Khumalo (94612837) There were two matters running against Mr Khumalo. The first was being heard in the Brits Magistrates’ Court and has since been decided in the detainee’s favour. The second relates to theft and is being heard at the Thlabani Magistrates’ Court. The detainee was granted bail for the second matter, which was subsequently forfeited because it was said that the detainee did not go to trial. This despite the fact that the matter has yet to be heard, and will only begin in September 2010.

Sibusiso Moses Solomane (209449036) Mr Solomane was granted R1000 bail but could not afford to pay it. The bail hearing was in September 2009 and the criminal matter is set down for 27 July 2010. Therefore, Mr Solomane has been imprisoned for nine months without any progress on the criminal charge against him.

The members said they will submit a new report to the justice cluster. There is a monthly meeting between the judiciary, police and the members.

Molefi Modisa (210448750) Mr Modisa was charged with housebreaking while out on bail for a charge of rape, in the amount of R300. The prosecutor said that the issue of bail should not be addressed, at the detainee’s first appearance before the Magistrate (Mr Simmer).

Justice Mogoeng suggested that the detainee ask the Magistrate for bail on the next court date. The co-accused in his case is Leonard Chikorose (209448779).

Tina Spingui (210448798) Mr Spingui alleges that on his way to work one morning he found a bag in a dustbin and decided to use it to carry his work clothes. Thirty minutes after he had picked up the bag, a man who had been the victim of theft the night before recognised the bag and accused the detainee of being the person who had robbed him and told the police officers that the detainee had stolen the bag in Tshwana, a language the detainee, who is Zimbabwean, does not

11 understand. He has been remanded since 15 January 2010 and is represented by the LAB. He says that the charges against him have been trumped up and that he was assaulted by police members who were not in uniform. He has not been given bail.

Tseliso Ralekoala – Lesotho National Passport: RA 200841 Mr Ralekoala was arrested on a charge of hijacking in January 2010. He alleges that he was in Lesotho at the time and therefore could not have been involved in that incident. He also would like to lodge an appeal against the bail decision.

Justice Mogoeng suggested that Mr Ralekoala inform the magistrate of both of these issues on his next court date which is 28 June 2010.

Lulae Sithole (210443715) Mr Sithole is charged with robbery and was granted R1000 bail in March this year, but is unable to pay it.

The members said they will submit a new report to the justice cluster.

Sentenced offenders Stanley Dlamini (205671283) Mr Dlamini would like to appeal his conviction of rape and the sentence of 15 years’ imprisonment. However, he is struggling to get the hearing in the court a quo transcribed and the record released. He states that it is particularly difficult if you cannot pay for the printing of the appeal.

Peter Rengaka Mr Rangaka has been incarcerated for nine years. He requests the services of a psychiatrist or psychologist because he feels that the social workers have failed him.

In the computer room he had complained that the centre had failed to register him for the practical examination for his computer degree, however, the officers concerned explained that special arrangements needed to be made for him to do the practical examination at UNISA, and that they were in the process of arranging such with UNISA.

12 Thabo John Shongwe (206672100) Mr Shongwe was sentenced on 12 December 2006 to 10 years’ imprisonment for murder. He used to go to school at Mogwase but had to drop out because he has an eye problem, for which he was referred to a specialist and was given treatment, but that it has not worked and he is still unable to resume school.

The members said they will look into the matter.

Lucky Mkhandawiri (208330630) Mr Mkhandawiri applied for appeal and it was refused. He would like to petition a higher court. There are, however, no pre-formulated petition forms.

Oupa Hendrik Ncapay (98094291) Mr Ncapay, was sentenced on 13 November 1998 to 24 years’ imprisonment for murder and robbery. He was shot in prison and would like to know why the investigation into the incident has not been completed.

Thabo Ernest Manarela (205671820) Mr Manarela, was sentenced on 13 January 2006 to 15 years’ imprisonment for robbery and possession of a firearm. He made an application for leave to appeal in 2008 at the Bafokeng High Court. No progress has been made and he has been told by the LAB that his records cannot be found.

Vakele Dawethr (206672002) Mr Dawethr alleges that complaints are made to the independent prison visitor, Mrs Moanakwena, but nothing is ever done to address them.

Aubrey Dibe Mzikaise (208448999) Mr Mzikaise was convicted for rape and sentenced to 17 years’ imprisonment, of which he has served two. He would like to have a reduction of sentence in accordance with the restorative justice programme.

Justice Mogoeng suggested that the detainee allow the victim more time to heal given that restorative justice requires the consent of the victim for the reduction of a sentence.

Mosito Ton Lesaba (Prison No. 206671600) Mr Lesaba is due for release in two months. He alleges that he had given his birth certificate to one of the members in attempt to get their assistance in acquiring an ID Book. He also alleges that the member lost the former and for that reason would like Mogwase’s assistance in getting both a birth certificate and ID Book.

The members said they would drop him off at the Rustenburg Correctional Centre which is across the road from the Department of Home Affairs and give him money to pay for a new ID Book and birth certificate, on his release date.

Modise, Thabang Richard (203671957) Was convicted on 7 March 2003 and sentenced to 18 years’ imprisonment of theft, housebreaking and rape. He was originally detained at the Rustenburg Correctional Centre. While at the Rustenburg Correctional Centre Mr Modise witnessed an offence being committed by an offender. With honourable intent he reported the incident to the members and was stabbed in the face by gang members for doing so. He now has a scar along the left side of his jaw and would like to have it removed because it has resulted in him being labelled a gang member by his family members.

The members say that they cannot facilitate reconstructive surgery for aesthetic purposes but will ask the doctor check if it may be required for medicinal purposes.

Keogile Mokgosi (Prison no unavailable) Mr Mokgosi does not trust that the papers for transfers are beng taken seriously. He has applied for a transfer to Mafikeng, but feels that he hasn’t been taken seriously, and has tried to meet with the members concerned, to no avail.

Nelson Phemelo (206671471) Mr Phemelo was convicted of robbery and sentenced to 16 years’ imprisonment, of which he has served four to date. He wanted to see Mr Nkosi personally to query the status of his application for transfer. He wants to relocate to his family in Randfontein and to register with UNISA for a diploma. He has not been informed of the outcome of his application for transfer.

Kiwiti Wonder Sefetogeng (209448929) Mr Sefetogeng was convicted on 14 July 2009 and sentence to 3 years’ imprisonment for housebreaking and intention to steal. He wants help with filing his appeal.