1. Background
Due to the tragic death of a sixteen-year-old child at the Noupoort Christian Care Centre and the subsequent arrest of two instructors on a charge of murder, an investigation was done regarding the circumstances of the death in relation to the application for registration as a treatment centre in terms of the Act.
Noupoort Christian Care Centre applied for registration as a hostel during 1992, at the provincial department of welfare. The application was never dealt with due to various reasons related to the restructuring processes after the new political dispensation in 1994.
It was only during December 2000 that the matter was referred to the national Department of Social Development, for consideration. The fact that the Prevention and Treatment of Drug Dependency Act, 1992 is not delegated to the provinces implies that applications for registration have to be dealt with at a national level and that the administration of rehabilitation centres is thus a national competency.
2. Process followed in consideration of the application for registration
Mr P Viviers (Deputy Director responsible for substance abuse) and Mr P du Preez (Senior Legal Advisor) from the national Department of Social Development visited Noupoort Christian Care Centre during January 2001 for an explorative visit in view of the application for registration as a treatment centre.
The purpose of the visit was to make contact with the management of the Centre, familiarise the Department with the functioning thereof and plan ahead for a Developmental Quality Assurance (DQA) evaluation to be done. After the said visit, Mr C Lindeque, Administration Manager at the Centre, forwarded an application for registration to the Department.
A DQA evaluation was done during April 2001 at the Noupoort Centre. The following persons were included in the delegation:
- Mr P Viviers (Deputy Director responsible for substance abuse at the national Department of Social Development);
- Rev T Fredericks (Drug expert and member of the Central Drug Authority);
- A delegation from the Department of Social Services and Population Development in the Northern Cape Province, under the leadership of Ms M Fani.
The functioning of existing treatment centres registered in terms of the Abuse of Dependence; producing Substances and Rehabilitation Centres Act, 1971(repealed by Act 20 of 1992) was followed as a guideline.
The following gaps were identified:
- The management and administration of the Centre was not up to standard.
- The medical assessment of patients was not done or was done by ex-patients.
- There was no treatment programme other than dog therapy, religious intervention and physical labour and consequently no trained staff who facilitated the treatment and rehabilitation of patients.
- The disciplinary programme for patients who did not co-operate was inappropriate, inhumane and unacceptable.
- The treatment of the children was in conflict with Section 28 (2) of the Constitution which provides that a child's best interests are of paramount importance in every matter concerning the child.
- No inspections have been taking place in terms of Section 12 of Act 20 of 1992.
In general, the provisions of the Act are not being complied with. The delegation was in favour of the registration of the facility as a treatment Centre subject to compliance with certain conditions that had to be determined.
3. Investigation ordered by the Minister
3.1. Introduction
On 17 May 2001 the national Minister of Social Development, Dr Zola Skweyiya, ordered that a full investigation be conducted into the circumstances that led to the death of the sixteen-year old Logan Klingenberg in the Midlandia cell used to discipline the patients. The investigation was also intended to look into the future of the said facility.
3.2. Investigating team members
On 18 May 2001 an investigating team were constituted, comprising of senior officials of the National Department, Northern Cape Provincial Department, two drug experts who are also members of the Central Drug Authority (CDA) and undertook a visit to Noupoort Christian Care Centre. The team consisted of the following:
National Department:
S Mr A Theron (Chief Director: Welfare Services Transformation)
S Mr P Viviers (Deputy-Director: Substance Abuse Programme)Northern Cape Provincial Department:
S Ms Y Botha (Chief Director: Department of Social Services and Population Development)
S Mr HM Mooketsi, (Director: Social Welfare Services)Drug experts:
S Prof. Solomon Rataemane (Drug expert and Deputy-Chairperson of the CDA)
S Mr T Fredericks (Drug expert, Director: Toevlug Rehabilitation Centre and member of the CDA)
3.3. Process followed
A meeting was held with the Management Board of Noupoort Christian Care Centre. Mr A Theron, as the leader of the delegation, clearly spelt out the purpose of the visit, which entailed the following:
- An investigation into the circumstances, which had led to the death of Logan Klingenberg.
- Assessment of the treatment programme of the Centre.
- The legal position of the children under the age of 18 years.
- On site inspection of facilities and areas where the deceased child spent his last hours which included a visit to the Midlandia Discipline Centre.
- Assessment of the management of the facility.
- Interviews with all children under the age of 18 years and where possible children at the local police station who were on route from the centre.
- Visits to the school and the farming areas.
3.4. Investigation into the circumstances, which had led to the death of Logan Klingenberg
The child in question, who was addicted to heroine, was referred to the Centre by his parents. The deceased was admitted to the facility on 5 May 2001 and was reportedly examined by Dr Deon Nortje, himself also an ex-patient at the centre.
Dr Deon Nortje alleged that he examined the deceased on admission and found him fit to start the sixteen-week initial programme for beginner or new patients. When questioned about the detoxification of the deceased prior to his inclusion in the programme, Dr Deon Nortje indicated that the deceased had told him that he was admitted to a facility in Pretoria where detoxification was done.
On a follow-up question he confirmed that there was no proof on the file to confirm this and that he did not follow up whether it was done or not. When further pressed on the issue, Dr Nortje acknowledged that he did not test the urine of the deceased. It was later confirmed that Dr Nortje appeared before the Medical Council for drug abuse and has been removed from the roll of practice. He is therefore not allowed to examine patients and prescribe medication.
Pastor Sophos Nissiotis at this stage gave a lengthy explanation about the deceased's history of violence and suicidal tendencies, this could, however, not be confirmed. Pastor Sophos Nissiotis in his explanation regarding the death of the youth confirmed that he was referred to the Midlandia Discipline Cellblock after an attempt to abscond. In Pastor Nissiotis' own words the deceased was chained to the iron gate of the cell in a way that did not allow him to sit or sleep. This is a method used by the Centre to break difficult or troublesome patients or to prevent patients using misbehaviour to be placed in the cell to escape the disciplinary programme.
Two monitors, one of whom is an ex-police officer and a member of the Brixton Murder and Robbery Unit, were responsible for the supervision of Logan during the discipline programme he was subjected to. It is alleged that at 10:00 on 15 May 2001, Logan's motionless body was found hanging against the door. The police later informed officials that the youth could never have been able to hang himself with the piece of chain which was used. Furthermore there were no bruises around his neck to indicate that he hanged himself. There were, however, bruises all over his body. It was further confirmed that it was not unusual for patients to be assaulted if they did not follow the instructions of the monitors during such a punishment programme.
3.4 Assessment of treatment programme of the care centre
Although not compulsory in terms of the Act, the Centre does not make use of a multi-disciplinary team. There is no individual treatment programme for patients. The programme merely consists of house duties, working on the farm, olive plantation and dog kennels, group meetings with Pastor Sophos Nissiotis, Bible studies, prayer sessions and physical training. The care for the 150 American Pit Bullterriers is viewed to be part of the therapeutic programme for the patients.
There are no qualified care workers. The monitors who supervise patients are former addicts who have completed the first phase of the programme, namely the 16-week programme. These people have received no formal training and depend largely on their life experiences for counseling.
3.5. The legal position of the children under the age of 18 years
(See summary report on all children interviewed attached as Annexure 1)
There are 46 children under the age of 18 years at Noupoort Christian Care Centre. Interviews were held with the children and all of them have a history of addiction to hard drugs. It is reported that only three children have been referred to the facility through court orders. During the investigation only one court order of Karl Emile Agenbach was found in his file.
Most of the children have been referred to NCCC by their parents. The facility operates a long distance education programme and is reportedly registered with Damelin College of Education. The schooling programme also has a 16 weeks programme for which the parents have to pay R4560, 00 prior to admission. This does not include the enrolment fees with Damelin Distance Learning College of R1900, 00 and the school fees of R227, 00 per month.The children / youth are also accommodated at the Hostel Complex of the Care Centre. The Centre and the Hostel Complex are not registered.
3.6 Visit to Midlandia discipline barracks
The Discipline Barracks where the youth in question died is at Midlandia Loco, which apparently was used to serve as shunting site of Spoornet. The facility is situated "12km away from the Noupoort Christian Care Centre. It is a very secluded place. The public does not have access to the Barracks. Military type exercise or physical training equipment has been installed. The Barracks can accommodate more than 20 patients at a time who have committed multiple or serious offences. The patients have to wear heavy boots and old military uniforms for the duration of the punishment period. A few mats serve as mattresses and patients have to sleep on the floor even during winter. Most of the windows do not have panes. There are a number of American Pit Bull Terriers who guard the facility. The gates are manned 24 hours daily. There is a cell on the ground floor where difficult patients are kept if they refuse to comply with the instructions of the monitors responsible for the "Discipline Programme". The place is reportedly very cold in winter and patients are normally given one blanket as part of the punishment.
The discipline and punishment programme runs for 3 weeks or can be extended.
3.7. Assessment of the management of the facility
Most of the Management Committee members are former drug addicts who also had to go through the programme. None of the Management Committee members including Pastor Sophos Nissiotis, the Director of the programme, received formal training on treatment programmes or counseling in substance abuse. The monitors/supervisors of the various programmes are also either patients or rehabilitated drug addicts and depend largely on their life experience for counseling and the management of the programmes.
3.8 Profile of the patients
In total there are 250 patients at the Centre of which 200 are male and 50 female. The majority of the patients are from the White population group. Before the incident under investigation, there were 46 children and thus 204 adults in the Centre.
The patients come from all over South Africa and also other African Countries Mozambique. It should also be noted that there are no patients who are from the Northern Cape and that the Northern Cape department of Social Services have indicated that the facility should also admit alcohol abusers. The patients all have a history of using crack/ cocaine, heroine, dagga and alcohol. The majority of the people at the Centre are voluntary patients.
4. Investigation into the legal implications
By direction of the Chief Director: Welfare Services Transformation, a delegation consisting of Mr P du Preez (senior legal advisor), Mr P Viviers (Deputy Director - Substance Abuse Programme) of the national Department of Social Development and Mr J Cairns (legal official) of the Department of Social Services and Population Development in the Northern Cape province, investigated the justifiability and legal implications of closing this facility.
On 21 May 2001 the team met with a police delegation consisting of the officers from Noupoort Police Station, Child Protection Unit from Kimberley and De Aar, a communication officer and a legal representative. The police expressed their concern regarding the children at the Centre and indicated that although there was a need for the existence of the Centre, children should not be referred to an institution of this nature. They also indicated that magistrates all over the country should be requested not to refer children to the Centre.
On the 22nd of May the delegation met with Pastor Sophos Nissiotis and some of his management to discuss the treatment programme and the impact thereof on the children, disciplinary measures, closure of Midlandia, removal of the children and the possible closure of the Centre.
The delegation concluded that -
- Midlandia Disciplinary Barracks had to be closed immediately.
- The Centre had to be guided with regard to the development of treatment programmes and the appointment of staff.
- According to Section 7 of the Constitution the Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democracy values of human dignity, equality and freedom. Section 33 of the Constitution provides that everyone has the right to administrative action that is lawful, reasonable and procedurally fare. The State must respect, protect, promote and fulfill the rights in the Bill of Rights
- Although children detained by court order could be transferred to another treatment centre, children patients who are there on a voluntary basis could not be removed without a court order or the consent of their parents or guardians. The removal of such children could result in serious financial implications for the State.
5. Summary of findings
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The facility in question has been operating for "9 years as an unregistered Care Centre for people with addiction problems due to concerns regarding the constitution and the management of the facility.
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Most of the children under the age of 18 years have been referred to the Care Centre by their parents because of their addiction problems.
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The Department of Justice referred some of the patients to the unregistered facility.
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The facility does not have a rehabilitation programme.
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The children interviewed, testified to the use of corporal punishment and cover-ups by Management.
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The Discipline Barracks, which is "12 km away from the Care Centre and managed by former drug addicts/patients some of whom are ex-police officers, can be described as a time bomb waiting to explode.
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No research has been conducted to support the theory that the facility is the most successful programme in the country. Cases of people returning to drugs after going through the programme have been cited.
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The Management of the facility does not believe in the multi-disciplinary approach. In his own words, Pastor Nissiotis, the Director of the facility said that most of the patients have been to other registered Rehabilitation Centres, with very little success. The programme operates on a fundamentalist approach.
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The Director of the Centre has the final say in all decisions taken and this is embraced in the constitution of the Centre.
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The medical practitioner used by the facility, Dr Deon Nortje is an ex-patient who has apparently appeared before the Medical Council for drug abuse and has been removed from the roll of practice. He is not supposed to examine patients and prescribe medication.
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The facility is self-sustained. The parents of the children are prepared to pay R4500, 00 for the 16 weeks programme, which is sometimes extended to more than 32 weeks.
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The emphasis of the programme is aimed more at drug abuse than alcohol abuse. These patients/children are usually from affluent families who are in a position to meet the exorbitant fees.
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Approximately 20 patients left the facility of their own will following the death of Logan Klingenberg.
6. Evaluation
Section 9 of the Prevention and Treatment of Drug Dependency Act No. 20 of 1992 states: "(1) No person shall manage any institution or other place maintained mainly for the accommodation and care of persons who are dependent on drugs or in which such persons receive mainly physical, psychological, spiritual or social treatment, except a treatment centre unless such an institution or place is registered under this section".
This implies that this facility is operating illegally and this is compounded by the various examples of gross human rights violations and lack of compliance to the criteria for registration. Whilst there might therefore be legal grounds for the closure of the facility the department is of the opinion that the moral and political implications of such a decision should be carefully considered. There already are opposing views on whether the facility should be closed or not. In the letters from Concerned Parents it is clear that the facility is viewed by many, who have gone through the programme at Noupoort Centre and even from the changes already experienced by some of those who are presently undergoing treatment, as the last resort. It is alleged by many of these patients who have been to a number of treatment centres that their addiction related problems were not addressed at these centres and that through the programmes at the centre under review, many lives were changed and in some cases saved.
It is therefore deemed necessary to provide the Minister with three options to deal with the problems that have been identified in all the investigations and discussions held between the Department and the Centre.
Option 1:
Partial closure and allowing the centre to operate under certain strict conditions
The majority of the adult patients are either self-referred or have admitted themselves on a voluntary basis to the Centre. Closure might impact negatively on the treatment of the patients, who want to remain in the facility and the first scenario suggests the following:
- The immediate closure of the Midlandia disciplinary barracks
- The transfer to another treatment centre of all children detained in the Centre by court order and in co-operation with the parents find alternative placement for those children that have been admitted on a voluntary basis.
- The involvement of dogs as part of the "so called" therapy should be stopped (complaints were received that patients were attacked by these dogs).
- A moratorium be placed on new admissions
- The centre management be given a period of three months to meet the following criteria in order to register as a treatment centre:
- The development of two separate accredited treatment programmes for adults and youth under the age of 18 years.
- The facilities and programmes for youth should meet the minimum standards applicable to the Child and Youth Care system
- The appointment on a full-time or part-time basis of a multi-disciplinary team, which includes medical staff, to facilitate the treatment plan
- That all existing staff and volunteers be trained and that training in this field be a requisite for future appointments
- The financial records be audited by an auditing firm
- A Management Committee representative of the different racial groups and relevant structures be constituted
- That all practices that does not respect the rights of citizens be stopped with immediate effect
- That the facility complies with the need expressed by the Northern Cape Government to also admit alcohol abusers.
Option 2: Conditional closure of the Centre
The second option suggests the closure of the Centre for a period of three months to and that the management to comply with the conditions as stipulated in the first option.
Option 3: Closure of the Centre
This scenario suggests that the Centre be closed for an indefinite period until it qualifies for registration and thus meets all the criteria as stipulated above.
When considering these options the need of this facility and the implications related to the future of the treatment programmes of about 200 patients has to be weighed up against the public outcry against the tragic death of the child, the horrendous circumstances, which led to his death as well as other definite practices that are gross violations of human rights. The management cannot escape the responsibility for these practices that could have led to other instances of serious injury, as it was a disciplinary programme, which they implemented and therefore condoned. Whilst it is agreed that people who are addicted to drugs need strict discipline one cannot condone the violation of any of the human rights as enshrined in South Africa's Constitution.
Annexure 1: Summary of interviews conducted with the children/youth at the Noupoort Christian Care Centre (NCCC)
Twenty-one children under the age of eighteen are presently at NCCC. These children are from the Gauteng-, Western Cape, and Mpumalanga Provinces.
They all have a history of using hard drugs e.g. Crack, L.S.D, Heroin and Dagga. These children have spent between 6 weeks and 16 months at the Centre. The majority of the children are at the centre on a voluntarily basis or have been sent there by their parents. Two of the children claim to have been referred in terms of the Drug Prevention and Treatment Act 20, 1994.
The majority of the children describe their experiences at NCCC as bad and the activities as "un-Christian", "humiliating", "bad", "brainwashing" and "frightening".
Children complain about the disciplinary measures at the Centre, which include:
- Food deprivation
- Assault
- Verbal Abuse
- Physical abuse - having to run on a stomach full of water, being chained, locked in dog kennels, digging pits and extreme physical exercise.
Other disciplinary steps include:
- Cleaning
- Food preparation
- Isolation
- Withdrawal of telephone rights
Few of the children have received medical treatment, even though some children required treatment after having been assaulted, injured or having been ill. Children who received medical treatment prior to their admission to the Centre terminated their treatment, without any assessments by a medical doctor.
The quality of food prepared at the centre is a big concern, with all the children complaining of being fed rotten/old meat, unbalanced meals, and food containing cockroaches and bugs.
Children do not receive individual or group therapy and only participate in religious Bible study groups or religious activities.
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