Tebogo Oscar Malebye says two years behind bars at Kgosi Mampuru II Correctional Centre cost him his freedom, his livelihood and his sense of security.
He was arrested in April 2024 while travelling as a passenger in a friend’s car. More than two years later, the case against him was provisionally withdrawn pending further investigations.
The National Prosecuting Authority confirmed that Malebye faced charges of fraud, possession of a firearm and possession of stolen property.
“The case was provisionally withdrawn pending further investigations,” the NPA said.
Malebye now plans to sue the state, saying his arrest and detention ruined his life.
“I was wrongfully arrested. What further investigation, and for how long? I was not involved from the start,” he said. “They wasted my time for nothing, and they take me for nobody.”
His account has also raised questions about conditions at the Pretoria correctional facility, including allegations of overcrowding, payment for beds, hunger, corruption and the sexual exploitation of vulnerable young inmates.
The allegations have not been independently proven. Correctional Services has said they are serious and are being investigated.
Arrest And Provisional Withdrawal
Malebye said police stopped and searched the vehicle in which he was travelling on 4 April 2024.
According to his account, officers recovered a firearm and found that the vehicle had been reported stolen.
Malebye said the car belonged to his friend and co-accused, and that he knew nothing about the firearm because it had allegedly been hidden inside the vehicle.
He said he repeatedly questioned during court proceedings why he remained behind bars when the weapon had not been found in his possession and he did not own the car.
The NPA confirmed the charges against him but said the case was provisionally withdrawn while further investigations continued.
Malebye was released in March after spending about two years in custody.
He is now surviving on odd jobs and says the period of detention has left him struggling to rebuild his life.
While he was behind bars, his home in Ga-Rankuwa was left unoccupied and was vandalised.
He said the gas stoves, pots and other equipment he used to prepare food for his informal business were stolen.
“Everything from the place where I was staying has been stolen, even my spoons and plates. I have nothing. Every time I look at my house, I am disturbed by this case,” he said.
The loss of the equipment also removed a source of income at a time when Malebye was trying to start again after his release.
Allegations About Beds And Basic Needs
Malebye described Kgosi Mampuru as a difficult and overcrowded place where inmates without money could struggle to obtain basic necessities.
“It is a horrible place to be in. Things are very difficult inside, and life was very hard,” he said.
He alleged that prisoners without financial support were sometimes forced to sleep on floors or under beds.
He also claimed that inmates could pay about R300 periodically to secure a bed and avoid being moved between cells.
Malebye said prisoners without money relied on relatives outside the facility to send funds for sheets, blankets, mattresses and other items.
The Department of Correctional Services has rejected the idea that inmates should pay for accommodation.
Spokesperson Singabakho Nxumalo said the department’s standard operating procedures did not permit inmates to be charged for access to a bed or cell space.
He said newly admitted inmates were processed according to established procedures and provided with accommodation, bedding, toiletries and other essential items at no cost.
Nxumalo said inmates were also not required to pay officials or other inmates for access to basic services or necessities.
He said allegations that officials or inmate representatives were soliciting or collecting money from newly admitted inmates would be taken seriously.
“The department will verify the specific allegations relating to officials at Kgosi Mampuru II Correctional Centre and provide further information where appropriate,” Nxumalo said.
Claims Of Sexual Exploitation
Malebye also alleged that vulnerable young inmates were sexually exploited in exchange for beds, food, cigarettes or drugs.
He said some young prisoners without money or access to basic goods were vulnerable to people who offered them items in return for sexual acts.
The allegations involve young inmates, and the details have been reported without identifying any alleged victims.
Malebye said he had witnessed what he described as sex-for-survival inside the facility.
“The thing of sex at Kgosi Mampuru is a thing that has been happening. I have witnessed it and seen it with my own eyes,” he said.
He alleged that some young inmates were targeted because of their vulnerability and their inability to pay for beds or obtain cigarettes and drugs.
He said they could become dependent on other prisoners for basic items.
“I’ve witnessed it so many times… boys being f***ed for a lousy zol and cigarette money. They pay with sex. It’s very sad, because you can see that all a person needs is rehabilitation and needs to be corrected,” he said.
Correctional Services said sexual exploitation, abuse or any form of sexual violation was serious misconduct and a criminal offence.
“Such conduct has no place in correctional facilities,” Nxumalo said.
The department said it would investigate any information relating to abuse or exploitation and take appropriate action where wrongdoing was established.
Food, Overcrowding And Contraband
Malebye said hunger was a constant problem during his detention.
He described breakfast as bread, tea and porridge that was so watery prisoners were hungry again within hours.
He said other meals included soya beans and pap, while meat and chicken were served only occasionally.
“Only once can they give you meat and chicken. But only once in a blue moon. That is how nutrition is there,” he said.
The Department of Correctional Services said meals were prepared in designated kitchens and served according to established procedures.
Nxumalo also addressed allegations about contraband, including drugs and mobile phones.
He said the department carried out searches of officials, visitors and inmates, as well as vehicle searches, security screening, intelligence-driven operations and regular inspections.
The measures were intended to prevent and detect contraband entering correctional facilities.
Nxumalo said the department did not condone corruption.
“Allegations of corruption are referred for investigation and appropriate disciplinary or criminal action is taken where wrongdoing is established,” he said.
He acknowledged that overcrowding remained a problem at some correctional facilities.
“Overcrowding is, however, a broader criminal justice system matter requiring a coordinated response involving various role players across the justice and law-enforcement environment,” Nxumalo said.
Alleged Assault At Court
Malebye’s allegations extend beyond the prison and include an alleged assault by a police official at the Ga-Rankuwa Magistrate’s Court, northwest of Pretoria.
He said the official prevented him from communicating with his girlfriend and stepson, who had attended the proceedings to support him.
Malebye alleged that the official swore at him, causing his girlfriend to leave the courtroom.
He claimed the officer followed him after the proceedings.
“He told me that I’m disrespectful in Setswana. Then he punched me on my stomach and dragged me while I had leg chains on,” Malebye said.
He said the alleged assault occurred in an area covered by cameras and that he subsequently opened a case.
“My rights were truly violated that day,” he said.
Independent Police Investigative Directorate spokesperson Phaladi Shuping confirmed that a case had been opened and was under investigation.
No finding has been announced against the official, and the allegations have not been tested in court.
The Fight For Accountability
Malebye’s case was brought to the attention of Golden Miles Bhudu of the South African Prisoners’ Organisation for Human Rights.
Bhudu shared videos in which Malebye described his experience and raised the matter with the office of Correctional Services Minister Pieter Groenewald.
Bhudu said Malebye’s case could highlight broader concerns about unlawful arrests, prolonged detention and the treatment of inmates.
“We can use this as a pilot to expose this unlawful arrest, illegal detention, and malicious prosecution in line with what the Madlanga Commission is busy discussing,” Bhudu said.
Malebye’s case has not resulted in a court finding that his arrest was unlawful or that officials committed misconduct.
The provisional withdrawal of the charges means the NPA has not closed the door on further investigations, while Malebye maintains that he was wrongly detained.
His planned civil claim will have to establish the legal basis for any damages he seeks from the state.
For now, he is trying to rebuild his life after returning to a vandalised home without the equipment he used to earn a living.
He says the two years he spent behind bars cannot be returned and that the unresolved case has left him with questions about who was responsible for the arrest and why he remained in custody for so long.
At Kgosi Mampuru, the Department of Correctional Services says the allegations about payment for beds, sexual exploitation and corruption will be examined.
The department’s response sets out the rules that should protect inmates: accommodation and bedding must be provided without payment, sexual abuse is a criminal offence, corruption must be investigated and meals must be prepared according to established procedures.
The investigation will have to determine whether those rules were followed in Malebye’s case and whether any inmates or officials broke them.
Until then, his allegations remain allegations, but they have drawn attention to the conditions he says he encountered during two years of detention and to the consequences of a criminal case that was provisionally withdrawn while further investigations continued.