DA demands accountability for missing inmates at Pollsmoor Juvenile Centre

Ministers of Correctional Services and Justice are under fire from the DA, seeking an explanation as to why the departments failed to implement measures outlined by the court when ordering the detention of three inmates who disappeared at Pollsmoor Juvenile Centre.

The party said it had written to the chairperson of the Select Committee on Security and Justice, demanding urgent appearances of both ministers.

This was after the three inmates, Xolani du Preez, Mikyle Mentoor, and Me-Kayle Timmie, disappeared at the correctional centre. The three were convicted of various crimes including murder, rape, and robbery. 

They were minors at the time of their arrests.

Initially, they were held at the Horizon Child and Youth Care Centre due to their age and were transferred to Pollsmoor Juvenile Centre in July 2024, after violently assaulting a staff member.

The DA uncovered their disappearance during an oversight visit to Pollsmoor three weeks ago.

However, Du Preez was re-arrested in April for robbery. Mentor was also apprehended last week, while Timmie remains unaccounted for. 

The party said both Correctional Services Minister Pieter Groenewald and Justice Minister Mmamoloko Kubayi were cited as respondents in the High Court application ordering the detention of the three. 

The court papers made it clear that the three were convicted criminals and outlined the legal mechanisms for their continued custody. 

The party said it had also submitted parliamentary questions to Kubayi to determine why these measures were not implemented.  

The committee’s spokesperson, Rajaa Azzakani, said they had a meeting on Tuesday to allow the Department of Correctional Services to respond to the Judicial Inspectorate of Correctional Services' issues reported on in their Annual Report. 

“A committee member raised other issues concerning the deaths in custody, remand detainees, and the department's responsibility to account for every inmate, as well as parole matters. Please note that as certain matters are pending investigation by the DCS and due to the ongoing investigation, the matters will be responded to after the conclusion of those investigations,” she said.

Kubayi’s spokesperson, Terrence Manase, said the Justice Department believes that DCS is the most appropriate authority to handle the matter. 

Groenewald spokesperson, Eune Oelofsen, said the minister was expected to have a meeting with relevant officials regarding the matter.

In a statement issued last week, Groenewald said a parliamentary question directed to his department regarding this matter should rather be posed to the Horizon Child and Youth Centre, which does not fall under the Department of Correctional Services (DCS) but the Western Cape Department of Social Development, inquiring about the sentences they serve, the remaining time to serve, and the whereabouts of Timmie. 

Groenewald said the DCS investigation also found that the court order, which would have clarified their sentencing statutes, was sent to Horizon Child and Youth Centre, adding that DCS did not receive any formal notification of the sentencing decision and continued to treat the three as remand detainees.

He said DCS acted within the legal framework at every stage of these individuals’ detention. 

He added that their initial admission, court movements, and management were all conducted according to due process and in accordance with the documentation provided at the time.

However, the DA’s National Council of Provinces member on security and justice, Nicholas Gotsell, said Groenewald’s attempt to shift blame to the Western Cape Department of Social Development is misleading.

Gotsell said that Social Development has no role in custodial decisions, warrants, or the implementation of court orders.

“Those responsibilities fall squarely on Correctional Services and courts - as clearly set out in the court order,” he said, adding that it was clear the minister was being misled by officials desperate to cover up a shocking administrative failure that endangered public safety. 

manyane.manyane@inl.co.za.