A prison warder who was arrested for allegedly smuggling cell phones to prisoners at Thohoyandou Prison appeared in the Thohoyandou Magistrate's Court last Wednesday (23^rd).

Mpheletshedzeni Mabila’s arrest followed renewed efforts by the Department of Correctional Services to tackle the issue of smuggling illegal contraband into prisons. Last week, the National Commissioner of Correctional Services, Makgothi Samuel Thobakgale, led an unannounced search operation at the Polokwane Correctional Facility. He stated that roughly 80 correctional officers were currently undergoing disciplinary procedures for allegedly participating in the smuggling of contraband into correctional facilities nationwide.

Thohoyandou Prison has been highlighted in recent months as yet another facility where such illegal activities take place. In August, it was reported that an inmate posted threatening messages on a social-media account while incarcerated, likely using a smuggled cell phone to access the platform.

When Mabila appeared in court last Wednesday, his legal representative, Advocate George Mphanama, clashed with the state prosecutor over certain legal aspects. The main point of contention was whether the case is a Schedule 5 crime. The state prosecutor maintained that it does, but the defence advocate disagreed.

In South Africa, a Schedule 5 crime refers to a category of serious offenses. These typically include severe crimes where the accused must demonstrate compelling reasons for bail to be granted as it is not automatically given.

“Any suspect has the right to be informed promptly of his rights. He must also be made aware of which schedule the crime he allegedly committed falls under,” said Advocate George Mphanama.

It was eventually agreed that the Director of Public Prosecutions would be asked to provide written clarity on the matter. After considering submissions from both the defence and the State, Thohoyandou Magistrate Carol Ramahuma postponed the case to 21 November 2024. The accused was granted bail of R2,500.