Introduction to Central Services Branch

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PRESENTATION TO THE PORTFOLIO COMMITTEE ON THE
GROOTE SCHUUR INCIDENT OF 14 MARCH 2005
Introduction to Central Services Branch Building
a caring correctional system that truly belongs
to all
Presented by Regional Commissioner Western
Cape JG Smalberger
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Aim and Objective

• To brief the Portfolio Committee on Correctional
  Services on the Groote Schuur Hospital incident
  of 14 March 2005

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Scope of Presentation

• Background to incident on the 14 March 2005
• Briefings to Portfolio Committee
• Departmental investigation
• Remedial Actions internally and with Stakeholders
• Pending Matters

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Background

• 14 March 2005 Emergency Support Team (EST)
  members escorted awaiting trial offender Lunga
  Luke to Groote Schuur hospital.
• Lunga Luke was arrested in connection with cash
  in transit robbery as well as escaping from
  police custody on 30 October 2004
• EST was confronted by unknown assailants.
• In the confrontation that followed the late Mr
  Horn, EST member was critically injured and Mr M
  Hendricks was wounded.

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Presentations to the Portfolio Committee

• On 10 August 2005 a presentation was made to the
  Portfolio Committee in a closed session.
• On 05 June 2007 an updated report was presented
  to the Committee focusing on the
• Administrative improvements implemented
• Disciplinary actions taken
• Report of SAPS
• On 13 November 2007 a further update was given as
  part of a report on security incidences.
• Parliamentary Question NO604E on 19 February 2008
• 13 May 2008 - Briefing

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Investigation

• Departmental Investigation and findings
• offender (Lunga Luke) was escorted to Groote
  Schuur hospital by the Emergency Support Team
  (EST) members for a medical appointment.
• four (4) members escorted the offender in a panel
  van and sedan vehicle to the hospital.
• the members were in possession of bullet proof
  vests, but did not wear it during the escorting
  of the Offender.
• the members were issued with 9mm pistols and a R4
  rifle.
• offender (Luke) was under the direct supervision
  of Messrs. Horn and Hendricks inside the waiting
  / reception area of the Hospital.

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Investigation

• Departmental Investigation and findings
  (continue)
• one of the attackers was carrying an AK47 rifle
  and was firing shots at them.
• Mr. Hendricks was shot in his arm and the bullet
  went through his stomach.
• Mr. Horn was shot and received emergency
  treatment at the hospital and later died because
  of the injuries sustained.
• the officials prevented the Awaiting Trial
  Detainee to be freed by unknown attackers.
• the incident was also criminally investigated by
  SAPS.
• High Risk offenders/ ATDs are admitted with
  limited information on the committal warrant.

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Investigation

• SAPS investigation
• Disciplinary Actions
• Eight (08) members were disciplinary charged of
  which
• two (02) were found guilty and received serious
  written warnings
• another three (03) officials had their cases
  withdrawn,
• one (01) was acquitted,
• one (01) was dismissed on another unrelated case,
• one (01) passed away on 26 December 2006 before
  the finalization of the case.

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REMEDIAL ACTIONS

• Internal remedial Actions
• A turn-around strategy was compiled and
  implemented at Pollsmoor to improve the
  Administration.
• The file of Lunga Luke was endorsed with High
  Profile in red and he was transferred to a
  maximum centre for detention. The endorsement was
  done as a preventative measure to emphasize the
  risk of the offender and that appropriate
  security measures can be put in place.
• A nominated official liaised personally with
  hospitals for appointments. Appointments are
  communicated via e-mail for improved
  confidentiality.
• Emergency Support Teams (EST) are trained and
  ordered to wear bullet proof vests.
• Transport of High Profile offenders to hospitals
  are accompanied by the EST.
• Affected officials and their family were referred
  for debriefing sessions.

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REMEDIAL ACTIONS, cont

• Stakeholder Interaction
• meeting with Groote Schuur hospital
• interactions with SAPS (Organized Crime,
  Intervention Unit)
• Service Level Agreement was signed with
  Provincial Health and Groote Schuur hospital

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REMEDIAL ACTIONS, cont

• Service Level Agreement
• inform hospital in advance of high risk offenders
  that will attend hospital
• reduce the treatment of minor medical emergencies
  at Hospitals
• strict confidential handling of appointments.
• high risk offenders shall not wait in the public
  area at the hospital
• improved security at Hospitals

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PENDING MATTERS

• Criminal investigation against Lunga Luke and
  others are still outstanding
• Claims against the Department

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Thank you Renewing our Pledge, A National
Partnership to Correct, Rehabilitate and
Reintegrate Offenders for a safer and secure
South Africa