Whistleblower finally takes stand

The “reluctant” witness who refused to leave his cell at Mabopane’s Odi Prison to resume his testimony regarding the 2004 foiled C-Max prison escape, yesterday willingly took the witness stand in the Pretoria High Court. King Winner Maluleka, who blew the whistle six years ago on the activities of inmates who planned the daring escape bid, kept the court waiting for two days, as he refused to come to court.

Judge Joseph Raulinga on Tuesday told prison officials to use all means available and their experience to try to persuade Maluleka to come to court. It was not the first time that Maluleka had refused to give his co-operation.

In 2009 he insisted to speak to the Minister of Correctional Services, claiming he was being victimised in prison after he blew the whistle. Judge Raulinga at the time called on the prison head to try to address Maluleka’s problems. After an exchange of pleasantries yesterday between the judge and Maluleka, wishing each other the best for the new year, Maluleka once again complained that his conditions had not changed. He nevertheless said he was willing to co-operate. The judge noted that the court had already wasted two days because Maluleka would not come to court and told him his problems in jail and the trial were two separate issues.

Maluleka, called back by the defence to be grilled about a statement he had made to a Correctional Services captain pertaining to the alleged escape bid by five inmates in August 2004, said he saw no reason why he should be called back. He, however, now agreed to testify further.

He earlier told the court he had overheard a conversation between former prison warder Herman Makhubela and an inmate. Makhubela had told the inmate that he wanted to leave the services of the department, but needed a minibus to generate an income. The inmate, Maluleka testified, said Makhubela would receive the minibus if he smuggled a firearm into prison and gave it to him. Maluleka said he reported this to his section head, but nothing was done about it. During the escape bid, he heard shots being fired and one inmate telling another to “shoot the dog” - a reference to acting area co-ordinator Ben Ndinisa. Both Ndinisa and prison head Thomas Gomba were shot dead that day, while two of the inmates committed suicide when they realised their jailbreak failed.

Two other inmates who pleaded guilty to the charges were jailed for 12 and 20 years for their part in the events. Makhubela and inmate Patric Mabusa are now facing 16 charges, including two of murder. Their trial was separated from the others as they had pleaded not guilty.

Source: IoL