JOHANNESBURG - A fake news story made the rounds on social media over the weekend. It alleged that awaiting trialist, Dr Nandipha Magudumana, was denied access to attend her mother's funeral by the Department of Correctional Services.
Magudumana faces 38 charges linked to the 2022 prison escape of rape and murder convict Thabo Bester. She stands accused with her father, Zolile Sekeleni, who is out on bail, former G4S employees Senohe Matsoara, Tebogo Lipholo, Tieho Makhotsa, Motanyane Masukela, and Xanda Moyo.
Moyo, not a G4S employee, was found with Bester and Magudumana in Tanzania.
While the family denied making such an application, the department's spokesperson Singabakho Nxumalo told eNCA that they do not entertain fake news.
Temporary leave
Compassionate leave from a correctional facility is allowed as per Section 44 (1a) of the Correctional Services Act to attend funerals.
According to Section 44 (2a), offenders remain as such during their time outside and are escorted by Correctional Services staff or placed under supervision during their time outside.
READ: Magudumana's Constitutional Court bid delays Bester escape trial
According to Nxumalo, this is so that incarcerated people do not lose family bonds.
"Offenders are constantly re-classified," he said. The aim of the South African prison system is to rehabilitate people to be able to, one day, return to society and reacclimate to life outside.
An offender's behaviour that shows their remorse and positive response to rehabilitation efforts means they can be moved from being a high-risk, medium to low risk offender.
Nxumalo emphasised that this only applies to offenders who are already convicted. Those who are awaiting trial are not eligible for temporary leave applications.
Magudmana, who would be considered a flight risk under these circumstances, would then not qualify to attend her mother's funeral even if she applied.
How to apply?
An inmate would submit their application to the head of the Correctional Centre as soon as they know of the bereavement.
Is permission automatic?
No. Permission is not automatic. The Correctional Services Department would still be required to do their due diligence.
Nxumalo said each application is assessed on its merits against the established criteria. These include the offender's risk classification, security consideration, behavioural profile, and the nature of the circumstances.
They also go to the family to confirm the funeral and do a safety analysis.
"In some cases you would find that the community or family members are still angry at the person," said Nxumalo.
"Them being outside could cause discomfort, placing the offender and correctional services staff's lives in danger," he added.
He explained that the offender remains incarcerated, despite being outside, and they remain the responsibility of the Correctional Services Department. Also, the aim of the compassionate leave is not to retraumatise families and the communities.
Taking these and other factors into consideration, the application may be denied.