The Noupoort Christian Care Centre on Monday said it would refuse a government-appointed investigating team access for its probe into alleged human rights violations at the Northern Cape drug and alcohol rehabilitation facility.
Its main objection to the investigation was that Social Development Minister Dr Zola Skweyiya had already judged the centre, said its legal representative, Werner Prinsloo.
In a recent radio interview, Skweyiya said that if he had his way, the centre would long ago have closed down.
”The minister is prejudiced. He has already decided to close down the centre,” Prinsloo said. ”Why does he authorise an investigation of which the result is already known?”
The centre first made the headlines last year when 17-year-old heroin addict Logan Klingenberg was found dead at its Midlandia detention barracks. Two instructors were charged with his murder, but the charges were later withdrawn.
In May this year two patients were left tied to a truck at the detention camp overnight and doused with icy water, which caused a short-circuit resulting in the two being shocked by electricity from a lead to a radio on the truck.
An employee of the centre, who was suspended after the incident, pleaded guilty and was convicted on two counts of assault with intent to do grievous bodily harm.
The Social Development Ministry said on Monday it had received sworn statements alleging continuing human rights violations at the centre.
”Some of the allegations contained in the sworn statements were amplified by subsequent media reports regarding allegations of inhumane treatment of patients at the centre.”
That included the May incident. An investigating team headed by Umtata chief magistrate Dickson Ncapayi was supposed to start a probe at the centre on June 6 and 7. At the request of the centre, the date was moved to Monday, the ministry said.
”However, the centre, through its lawyers, has indicated its reluctance to co-operate with the investigation and has threatened to deny the team access to the premises,” the statement said.
Skweyiya urged the centre management to co-operate.
”We have to get to the bottom of this matter once and for all. We… appeal to the leaders of the church with which the centre is associated to urge its management to co-operate with the investigation if there is nothing to hide.
”We all have a moral and a constitutional duty to ensure that there is respect for human rights and the rule of law at all times and in all spheres of our endeavours,” the minister said.
Prinsloo said he had written to the department saying it would not accommodate the investigating team.
According to him, the centre only received notice on June 5 that the team would start its investigation the following day. The centre management notified the department that it did not suit them.
Prinsloo said he wanted to know under which authority the minister had instituted the investigation. To say it was under the common law, was ”absolute nonsense”.
The department also had to inform the centre what it was investigating. If alleged human rights violations were the subject of the probe, the South African Human Rights Commission (SAHRC) or the police should do the investigation.
”I don’t know whether this is the department’s task.”
According to Prinsloo, the centre should be given the opportunity to reply if there were any complaints against it. If the department was still not satisfied, a forensic audit could be done.
”But you don’t say today that a team will be coming tomorrow to investigate the centre. That is an infringement of our rights.”
Prinsloo said the centre had not been informed that the current investigation had anything to do with its registration.
”We can’t force them to give us a licence.”
However, the centre would consider applying for a review of the registration process if it felt that it was treated unfairly, he said. – Sapa