The Gauteng High Court has set aside the government’s 2023 decision to place the Mangaung Correctional Centre (MCC) under state control, ordering the Department of Correctional Services (DCS) to repay at least R1.72-million in credits claimed from the facility’s operator. Acting Judge DM Hinrichsen ruled that the state’s invocation of Section 112 of the Correctional Services Act was unlawful, citing an “improper purpose” behind the intervention that began following the 2022 escape of convicted murderer and rapist Thabo Bester.
Legal Overturn Of State Intervention
The court found that the government’s attempt to seize control of the facility failed to meet the necessary legal thresholds, with Acting Judge Hinrichsen noting that the decision was one that no reasonable decision-maker could have taken based on the information provided. Bloemfontein Correctional Contracts (BCC), the consortium responsible for the prison, had been forced to pay the R1.72-million in credits under protest while the state managed the facility between March and July 2023. The ruling marks a significant legal setback for the department, which had argued that the intervention was required to stabilise operations following the high-profile security failure involving Bester.
Contractual Future And Operational Stability
The management of the Mangaung facility has remained a lightning rod for controversy, with ongoing allegations of human rights abuses and poor prison administration linked to the private management model. G4S, which is subcontracted by BCC to run the prison’s daily affairs, has faced intense public and parliamentary scrutiny regarding its contractual obligations. The 25-year public-private partnership is currently scheduled to expire on 30 June 2026, at which point the government is expected to assume full operational responsibility for the institution. The Portfolio Committee on Correctional Services has expressed its intent to review the court’s findings and seek a comprehensive briefing from the department on the legal implications and the mandated refund process.