Not police policy: Why Dr Nandipha Magudumana was unchained outside court

Police have clarified the policy around treating suspects being transported to and from courts, saying they cannot be restrained while sitting in the back of a vehicle to avoid injuries during transportation.

This comes after a video emerged showing an unrestrained Dr Nandipha Magudumana being escorted into the Bloemfontein magistrate's court earlier this week for her brief appearance in the Thabo Bester case.

Magudumana was seen making her way into the courthouse while holding some items while three police officers walked by her side and behind her. This raised questions and suggestions she might be getting preferential treatment.

Magudumana and her boyfriend Bester are among nine suspects facing charges in connection with the convicted murderer and rapist's brazen escape from the Mangaung prison last May.

National police spokesperson Brig Athlenda Mathe said there were a number of factors considered regarding Magudumana's transportation and treatment.

“The risk profile of every suspect in custody is considered. This includes the flight risk, seriousness of the offences a person is charged with and surrounding circumstances. She is a flight risk and the charges she is facing are serious.

“Given the suspect profile, she is escorted at all times when attending court by highly trained and skilled members who only respond to medium and high risk incidents. As is seen in the video, she is being escorted closely by a TRT [tactical response team] female member.

“According to police policy, a person in custody must not be handcuffed or have leg chains on while in the back of a patrol van as he or she may be injured during transportation.

“Police vans are equipped with a secure canopy at the back to accommodate people in custody. The canopy is equipped with padlocks and is at all times locked with the padlock when people with high risk profiles are being transported.”

Mathe said police vans are “thoroughly searched” before a suspect in custody is transported and this search “focuses on removing unwanted objects or instruments which can cause a person to harm himself/herself or escape”.

“As soon as the suspect enters court, the leg chains are put on to ensure the flight risk suspect does not escape from lawful custody.”

Clarifying why Magudumana was seen holding her belongings as she went into the courthouse, Mathe said: “Remand detainees are a responsibility of the police service when transported to court.

“As a result, they are released from the correctional services system when taken to court as it is likely a court may grant them bail, release them or they may be referred to another facility.”

Mathe said police usually apply the “necessary restraining measures” guided by the level of risk when the suspect is in court and the court holding cells.

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