Rebecca Jackman and Francesca Villette
TRIBUTES have poured in for retired Western Cape deputy judge president and inspecting judge of prisons Hannes Fagan, who died in Cape Town on Tuesday. He was 87.
Judge Siraj Desai, a senior member of the Western Cape Bench, who worked with Judge Fagan at the high court and at the Department of Correctional Services, said the judge had welcomed the advent of the new South Africa and was an “amiable” person to work with.
“It was an honour and a privilege to work with Judge Fagan. “He had the capacity to bring about change, which he did. He was also happy to participate in ushering in the new South Africa.”
Hishaam Mohamed, regional head of the Justice Department, said that while he was a family advocate, he had worked closely with Judge Fagan for many years.
“He was a brave and determined man who always stood up for what he believed in,” he said.
“He left no stone unturned when reporting on matters relating to prison conditions in South Africa.” Judge Fagan had advocated the intense investigation of suspects before they were arrested.
He was often “rigorous” when reporting on overcrowding in prisons, Mohamed said.
“His contribution to the department will be greatly missed.” As inspecting judge of prisons Judge Fagan was known for saying that “our prisons are grossly overcrowded”. In 2004 he called for a large-scale release of prisoners. He wrote in The Advocate in April 2005 that it was essential to have fewer prisoners.
“Our immediate aim must be to reduce our prison population to about 120 000. That will still place us at almost double the world average but will bring considerable relief,” he wrote. He noted there were 73 000 prisoners more than the capacity for 113 825. “It leads to awful conditions.”
Too many were unnecessarily incarcerated and thousands could safely be released.
Judge Fagan was born in Pretoria and studied law at UCT and Oxford University before beginning his practice as an advocate in 1952.
He was appointed to the Bench in 1977.
In 1992 he was appointed Cape deputy judge president and later becoming inspecting judge of prisons.
His wife, Sheila, told the Cape Times on Tuesday night that he had been ill for a long time and died of natural causes.
Funeral arrangements have yet to be announced.