Five Year Review briefing, Committee’s Programme of Action and Adoption of Minutes

Correctional Services

08 June 2009
Chairperson: Mr V Smith (ANC)
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Meeting Summary

The Committee Researcher briefed Members on the five-year review of the Department of Correctional Services activities, and the recommendations of the previous Committee. The review included aspects of policy, legislation, oversight, the comments from the State of the Nation Address, the Department of Correctional Services’ budget, Annual Report, report of the Auditor-General and Judicial Inspectorate. Members’ concerns included issues identified of overcrowding, qualified audit reports, delays in the construction of new Correctional facilities, whether privileges should be granted to inmates, or whether they should be earned, the stigma attached to former inmates and the lack of skills training that led to social problems on their release. Members agreed that these issues would be addressed, noting that meetings would take place with the Minister, the Department, the management of the Department and Parole Board officials. The Committee adopted minutes of the previous meeting and drafted an interim programme of action.

Meeting report

Five-year review 2004-2009 Considerations for Parliament Mr Mpho Mathabathe: Committee Researcher said that that the purpose of the Five Year review was to acquaint Members with issues in the Department over the past five years. The focus would be in the eight areas that he then listed: In the area of Key Policy initiatives, Mr Mathabathe briefly touched on the White Paper on Corrections 2005 that replaced the old White paper. The 2005 White paper included issue such as Community Service, Safety of Offenders, the Elderly and Children in prisons. Women inmates were allowed to stay with their children in single units. Other policy initiatives that needed attention were remand centres for awaiting trial prisoners. On the Vetting policy the former Minister approved that the Department could conduct their own vetting. The National Intelligence Agency was causing some delays, which then slowed down the filling of vacancies. The 2002 HIV/ AIDS policy was updated to be in line with the current policy In the area of legislation, Mr Mathabathe noted that the Committee should be informed about the challenges facing the Department in implementing legislation. It should also follow up on the Incarceration Framework. Mr Mathabathe noted that in the area of Oversight Activities, the Committee should be informed about overcrowding in Correctional Facilities and those offenders who were imprisoned because they could not afford to pay small amounts of fines or bail money. One solution that was recommended by the previous Committee was to spread such inmates to less crowded centres. The construction of Public Private Partnership (PPP) centres needed to be fast-tracked. The delays were mostly caused by land acquisition. Out of seven PPP centres. two should be converted into dedicated Juvenile Centres. The past Committee had recommended that this new Committee should also investigate the suspension of officials. The Special Investigation Unit had been doing a great job in rooting out corruption and fraud in the Department. Mr Mathabathe noted that in his most recent State of the Nation Address, President Zuma had raised the issue of repeat offenders, indicating the need to monitor the extent of the problem and come up with programmes to reduce it. Mr Mathabathe commented on the budget, noting that the Departmental Budget was only increased by 0,3%, only R2 billion, between 2002 –09. This meant that development programmes and skills training were reduced. The expenditure of the PPP centres needed to be closely monitored. Mr Mathabathe said that that he would not dwell on the Annual Report and the report of the Auditor-General. The Committee should look at the recommendations of Standing Committee on Public Accounts (SCOPA) and the Auditor General. Mr Mathabathe noted that issues of overcrowding, qualified audit reports, and the rampant corruption in the Department were the main challenges. However, their successes for the past year included that the Department had opened 12 ARV sites for people living with AIDS. There was successful alignment of 62 policies with the White Paper. The Department had drastically reduced the prison escapes. The headhunting of nurses and other scarce skills away from the Department was significantly reduced. Discussion The Chairperson said that that the Department should move from retributive to restorative justice. There was a need to balance privileges with correction. Inmates should not be treated like people in a holiday resort. He cautioned Members that human rights groupings would complain when certain privileges were taken away from inmates. Ms S Sithole (ANC) said that that SCOPA had reported that R162 million disappeared and yet the Director General had proffered no explanation for the funds. If the administration of the Department was not good then it would reflect badly upon the democracy. The Department should account for all the problems. The Chairperson suggested that the Department should brief the Committee immediately on its financial reports, rather than waiting for several months before doing so. Members agreed with this suggestion. Mr B Fihla (ANC) said that that country’s prisons had inhumane conditions, and bred gangs, and the spreading of infectious disease. Awaiting trial prisoners should be encouraged to play sport and be involved to engage in recreational activities instead of idling the whole day. The Committee should see to it that the six PPP correctional centres were built very soon. Mr A Fritz (DA) said that that South African prisons were built along apartheid lines, where white prisoners had single cells and their black counterparts had to share communal cells. He suggested that all new centres should have single cells. He also cited an example of Cuba, where communities were encouraged to “adopt” prisoners. Ms W Ngwenya (ANC) said that she could not understand why it took the Department so long to award tenders for the construction of the PPP centres. Mr Fihla mentioned that in other countries, awaiting trial prisoners were the responsibility of the Department of Justice. He said that that this would go a long way in alleviating overcrowding in prisons. He suggested that the Office of the Inspecting Judge should brief the Committee on Independent Prison Visitors (IPV) Mr N Gcwabaza (ANC) said that that former inmates should be accepted in schools, so that they could continue with their education. The Chairperson also suggested that the Committee should meet with the Parole Board Chairperson. Ms M Mdaka (ANC) felt that all inmates should be tested for communicable diseases. The Department should provide clean bedding, proper healthcare, condoms, sanitation and clean drinking water and special needs, especially for diabetics. Mr Fihla said that that stigmatisation of ex-inmates also contributed to them becoming repeat offenders, because communities did not accept them. Re-skilling of inmates in occupations like carpentry, plumbing and mechanics would enable them to access jobs when they returned back to communities. Ms Ngwenya said that that luxuries not should be allowed in prison. Ms B Blaai (COPE) and Mr Fihla said that that privileges should be earned as some form of incentive for good behaviour. The Chairperson said that that the Committee would be meeting the Minister for a briefing session. Mr Fritz added that the Committee should be introduced to the Management structure of the Department. He suggested that he would also like to meet all the Commissioners in Goodwood Prison. Mr Gcwabaza agreed with this suggestion. Mr E Sulliman (ANC) suggested that Members had to undertake an oversight visit to some prisons. The Chairperson replied that all Committees were only allocated R200 000 for the whole financial year. Study tours and oversight visits, as well as some catering, would be reduced. Adoption of Committee Minutes The Chairperson tabled the minutes of the Committee meeting on 28 May 2009. Members unanimously voted to adopt the minutes. Committee Programme of Action The Chairperson announced that the next meeting would be on the 17 June 2009. He indicated that Police and Prison Civil Rights Union (POPCRU), the Office of the Inspecting Judge, Khulisa Services, and the Institute for Security Studies had confirmed that they would attend. National Institute for Crime Prevention and Reintegration of Offenders (NICRO) had not yet confirmed that they would attend. The Department of Correctional Services would then brief the Committee on the Strategic Plan and the Budget on 18 June 2009. On 23 June 2009 the Committee would consider the all the input Mr A Fritz informed Members that the caucus of the ANC would be sitting on Thursday 18 June, and it would cause problems if all ANC Members asked to be excused. The Chairperson informed Members that on 18 June 2009 there would be no caucus, and reiterated that the Department’s delegation had already confirmed their visit to Cape Town. Ms Sithole and Ms Ngwenya cautioned the Committee staff that in future such clashes should be avoided. The Chairperson said that that a proper programme of action would start from 24 June 2009. The meeting was adjourned

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