Restorative Justice Workshop Review; Report on Prison Visits: discussion

6 November 2001
RESTORATIVE JUSTICE WORKSHOP REVIEW; REPORT ON PRISON VISITS: DISCUSSION

Chairperson: Mr N B Fihla

Documents handed out:
None

SUMMARY
The Committee discussed the successes and failures of the restorative justice workshop held on 5 November 2001. Although the workshop was a success, the Committee felt that it was not inclusive of all sectors of South African society.

The Committee felt that the report on prison visits made throughout the country needed to be compiled properly before it could be adopted as a formal report.

MINUTES
Restorative Justice Workshop
Ms B Dlamini (ANC) said the Committee should involve trade unions like the Police and Prisons Civil Rights Union (Popcru) on the issue of restorative justice as they are important stakeholders. This would help implement restorative justice without resistance from other sectors.

The Committee agreed that it is important to involve these trade unions.

Mr S Swart (ACDP) said he was impressed with the way NGOs expressed themselves in the workshop. It is important to make an African model of restorative justice, not to import models from elsewhere. The concept needs to be marketed and the public should be made aware that restorative justice is a firm option to combat crime in this country.

The chairperson said the way forward had to be discussed.

Ms Seaton (IFP) said a further workshop had been proposed. A report of all the issues that came out in the workshop had to be compiled. The future workshop should to be a two-day workshop with some additional role players. An integrated approach would be needed to ensure that a South African model is adopted in the workshop.

Ms Dlamini suggested that there should be a working group led by the chairperson. Each party should have a representative who would ensure that the process is taken forward. This would help to see how restorative justice is linked with other departments.

Mr L Diale (ANC) supported the idea of a future workshop and suggested that in the future they should include the traditional leaders representatives as this is one of the most important structures that are existing in communities at the moment.

The chairperson proposed that there should be a list of additional groupings that the Committee feels should be part of the workshop.

Mr D Bloem (ANC) said Ms Dlamini suggested that there should be a working group and those details would be decided by that working group. He supported the idea of traditional leaders but pointed out that they should look at influential people in the white communities as well.

Mr G Oosthuizen (ANC) added that church groups should be invited. He suggested that the Canadian Embassy should be invited since they are in the forefront on issues of restorative justice. They should be notified in advance so that they prepare documentation and input in the workshop.

He said it would be important to invite organized business for instance the South African Chamber of Business (SACOB) and the Afrikaner Handels Instutuut (AHI) and others. This is what has been done in New Zealand, calling all organisations of society to participate in debates on restorative justice.

Ms Seaton added that the education department should be included because she thought it could play a major role in restorative justice.

The chairperson supported the inclusion of many role players as this would be inclusive, something that was lacking in the last workshop. It should be a two day workshop.

Mr L Tolo (ANC) said it is important to invite traditional leaders but the Committee should know that traditional leaders are divided into two groups, so they must not only invite Contralesa. The same applies with the churches there is the South African Council of Churches and other groups. So when inviting the groups they must invite all groups.

The chairperson suggested that each party should elect a person that will represent it in the working group.

Mr Oosthuizen supported the idea, and added that it would be a tragic day for them if the political parties in the Committee differ on the way forward to restorative justice. So far there is no party that differs on this issue. But he suggested that the election of representatives should be dealt with in the parties' caucuses because this should be as inclusive as possible.

Mr Bloem suggested that on the ANC side it should be Ms Dlamini as well as the chairperson.

The chairperson said he will be chairing that Committee and would not be representing his party at that time. Ms Dlamini would be representing the ANC.

Mr Oosthuizen suggested that all parties should be invited even those who are not attending meetings of the Committee, parties such as PAC, AEB, UCDP. This idea was accepted.

Mr Tolo asked who is going to pay for the transport of all the invited groups?

Mr Bloem said this is an important point because the workshop of 5 November was funded by the Committee. The envisaged workshop would be much bigger than the previous one.

The chairperson said the forthcoming workshop would be different from the previous one because people came voluntarily in the previous one, they paid for transport themselves.

The Committee agreed that the working group would look at issues such as fundraising and transportation.

Ms Seaton indicated that the venue for Monday's workshop was not ideal. There were not enough facilities and the shape of the venue was very poor. In future the Committee should make sure that they organise a suitable venue for a symposium or workshop with all the facilities and equipment that would be needed.

Report on Prison visits
Mr Bloem asked if there was any follow up on the Gauteng visit. He felt that it was meaningless to make visits without follow up.

The chairperson said he gave the report to the Minister who then made a follow up in the situation in Gauteng. Even the visit by Judge Fagan thereafter was a result of that report. There was a commitment from the Commissioner that there would be some renovations in the prisons.

Ms Seaton said there was very little said about the Diepkloof prison in the report where they found a lot of problems.

Mr Bloem said the report had not been drafted properly, the names of representatives of members are not correct. There is no date of visits. The whole report should be questioned.

Ms Seaton said in future when they make similar visits the reports should be prepared within two weeks of visits to ensure correct compilation. This would allow follow up to be made on the basis of that report.

Ms Cupido reiterated that the report is totally incomplete. There were several areas that were not clarified properly. Diepkloof prison presented serious problems but nothing was said about it in the report.

Ms Cupido suggested there should be a specific format on how reports should be drawn up.

The report was not adopted by the Committee on the basis of the problems that had been identified. It would probably be adopted in the following week after redrafting.

The meeting was adjourned.