The risky business of moving Cat Matlala and Thabo Bester to supermax prison

South Africa’s most high-profile inmates, politically connected businessman Vusimusi “Cat” Matlala and convicted murderer and serial rapist Thabo Bester, have been transferred to the eBongweni Super Maximum Correctional Facility in Kokstad, KwaZulu-Natal. This move, intended to address security concerns, has sparked debate over whether it inadvertently increases the risk of escape and compromises the inmates’ right to a fair trial.

A Complex Transfer

The transfers occurred in late December and January. Matlala was moved from Kgosi Mampuru II C-Max prison in Pretoria just after midnight a few days before Christmas, while Bester followed from the Mangaung Correctional Centre in Bloemfontein weeks later. The Department of Correctional Services (DCS) maintains the decisions were based on “comprehensive security risk assessments and inmate classification processes,” according to spokesperson Singabakho Nxumalo.

Logistical and Legal Challenges

The relocation raises logistical concerns, as eBongweni is approximately 700km from the Johannesburg High Court, where Matlala and his four co-accused face 25 charges, including 11 of attempted murder. It’s also roughly 600km from the Bloemfontein High Court, where Bester is being tried for his 2022 escape. Legal professionals have questioned the practicality of transporting inmates such long distances for court appearances.

Did You Know? Matlala’s transfer followed concerns about potential collusion with a senior correctional services official, stemming from reports he was found with a cellphone and received frequent visits.

Increased Security, Increased Risk?

While the DCS asserts that eBongweni is designed to manage high-risk inmates and does not increase escape risks, experts disagree. Criminologist and forensic investigations expert Prof Rudolph Zinn points out that prisoner transport is inherently risky, particularly in South Africa where correctional services relies on “soft-bodied vehicles” vulnerable to ambush.

The move also raises questions about the expansion of South Africa’s harshest incarceration regime, particularly for individuals who have not yet been convicted. Prof Lukas Muntingh, a prison reform expert, argues that maximum-security facilities were not intended for long-term detention of awaiting-trial inmates.

Expert Insight: The relocation of these inmates to a supermax facility, while intended to enhance security, could be perceived as a pre-emptive punishment, potentially undermining their right to a fair trial and raising concerns about the politicization of the correctional system.

Court Response and Ongoing Concerns

During a recent court appearance, Matlala’s advocate, Annelene van den Heever, argued that his transfer “spirited away without warning” disrupted his ability to consult with his legal team. Judge William Karam acknowledged the frustration but stated the court would not intervene, recognising the DCS’s authority to make such decisions. The state, represented by prosecutor Elize le Roux, maintained it had facilitated access to legal counsel.

Frequently Asked Questions

Why were Matlala and Bester transferred to eBongweni?

The Department of Correctional Services stated the transfers were based on “comprehensive security risk assessments and inmate classification processes.”

What logistical challenges does the transfer create?

eBongweni is located approximately 600-700km from the courts where Matlala and Bester are being tried, creating significant challenges for prisoner transport and legal consultations.

Is the eBongweni facility considered lawful by all experts?

According to a 2021 report by the Judicial Inspectorate for Correctional Services, supermax incarceration, characterized by near-total isolation, is unlawful. However, the DCS rejects this characterization.

As Matlala and Bester navigate their legal battles from within South Africa’s most secure prison, the long-term implications of this transfer – both for their cases and for the broader debate surrounding incarceration practices – remain to be seen.