1. 1 Introduction to Central Services Branch Building a caring correctional system that truly belongs to all PRESENTATION TO THE PORTFOLIO COMMITTEE ON THE GROOTE SCHUUR INCIDENT OF 14 MARCH 2005 Presented by; Regional Commissioner: Western Cape JG Smalberger

2. To brief the Portfolio Committee on Correctional Services on the Groote Schuur Hospital incident of 14 March 2005 Aim and Objective

3. Background to incident on the 14 March 2005 Briefings to Portfolio Committee Departmental investigation Remedial Actions internally and with Stakeholders Pending Matters Scope of Presentation

4. 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.

5. 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 Presentations to the Portfolio Committee

6. 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. Investigation

7. 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/ ATD’s are admitted with limited information on the committal warrant. Investigation

8. 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. Investigation

9. 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. REMEDIAL ACTIONS

10. 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 REMEDIAL ACTIONS, cont

11. 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 REMEDIAL ACTIONS, cont

12. PENDING MATTERS Criminal investigation against Lunga Luke and others are still outstanding Claims against the Department

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