Analysis of impact of State of Nation Address on Correctional Services Portfolio Committee's activities

Meeting report

Briefing on the impact of the 2010 State of the Nation Address on the Committee’s activities

Mr Mpho Mathabathe, Committee Researcher, submitted the Parliamentary Research Unit’s analysis to the Committee (see attached document). He advised that the 2010 State of the Nation Address did not identify any specific issue with regard to the Department of Correctional Services. The Address identified a core outcome for the criminal justice system, which was to ensure that everyone in South Africa should feel safe and be safe. Key outputs included the reduction of the number of incidents involving serious and violent crime, ensuring an integrated justice system and managing the perceptions of crime in the country. Other issues relevant to the DCS included the eradication of corruption and fraud within the Department and an investment in the development of the youth in Correctional Services facilities.

 

There were currently more than 36,000 young people between the ages of 18 and 25, 880 juveniles under the age of 18 and 1,142 women in correctional centres. There were 21,318 young people (aged 18-25), 481 juveniles (aged under 18) and 1,045 women serving prison terms for serious and violent crimes.  It was estimated that only 13,310 offenders out of a total of 81,181 offenders sentenced for serious and violent crimes would have sentence plans by 2011/12. DCS was not doing enough to win the fight against serious and violent crimes. Targets for sentence plans were low and many offenders were not participating in any of the correctional programmes offered.

 

Government saw the need to transform and revamp the Criminal Justice System in 2008. The 2009 State of the Nation Address announced the establishment of a transformed, integrated, modernised, properly-resourced and well-managed criminal justice system. In July 2009, a concept document was drafted and submitted to the Justice and Crime Prevention and Safety (JCPS) Cluster for comment. DCS had completed the minimum facility standard for dedicated remand facilities.

 

The management of the perceptions of crime was of vital importance. It was the responsibility of DCS to ensure the safe custody of offenders by preventing escapes. In 2007/08 there were 79 escapes from prisons and in 2008/09 the number reduced to 65. The unacceptable high level of escapes from Correctional Services facilities did not make South Africans safe or feel safe. 

 

The eradication of corruption and fraud in the public sector and specifically within the DCS was a priority. In 2001, the Jali Commission of Enquiry was appointed to investigate corruption in prisons. Procurement was an area considered to be vulnerable to corruption in the DCS. The Special Investigation Unit conducted an investigation into large-scale procurement practices in the DCS. Other measures implemented to deal with corruption and fraud were the establishment of the Hawks, the Tender Compliance Unit and the Supply Chain Fraud Unit.

 

The investment in the youth also indirectly impacted on the DCS. The number of young people between the ages of 18 and 25 in correctional facilities was growing rapidly. By the end of December 2009, 56,940 young persons between the ages of 18 and 25 were incarcerated in correctional centres. The successful rehabilitation of the youth depended on the ability of the DCS to provide education and training in various trades.

 

Mr Mathabathe suggested that Parliament encouraged the DCS to use resources more effectively and efficiently. This included the use of new facilities to provide better services to young offenders. Parliament should monitor the Department’s implementation of the recommendations made by the Special Investigations Unit (SIU) and should raise the issue of the involvement of the victims in the parole hearings of offenders.

 

Discussion

The Chairperson said that the issue of skills training and of inmate labour had been under discussion for some time.  He felt that the DCS needed to be encouraged in this direction. The development of the youth in prisons was important. There were no educational or training programmes for the youth in prisons. There needed to be an alignment of the budget to address the development of the youth.

 

The overcrowding in prisons was another issue that needed to be addressed. The bail protocol needed to be reviewed. He asked what progress had been made concerning remand centres.  The Chairperson remarked that Public/Private Partnerships (PPP) was considered an important aspect and the ideal model could be debated at a later time. He felt that prisons should not be left in the hands of the private sector alone. However, more prisons had to be built needed to be built and a balance had to be found. Funds had been allocated for the building of prisons and he wondered why there was a delay in the construction programmes.

 

Mr Mathabathe was of the opinion that alternatives to the sentencing of offenders to terms in prison may alleviate the overcrowding in prisons. Community service was a possible option. The problem was that the Magistrates and Judges did not have faith in the DCS to monitor persons who were not incarcerated. If DCS was capable then alternatives to incarceration could be considered.

 

Mr Selfe shared the Chairperson’s sentiments. He was concerned over the Department’s failure to align its budget with the White Paper. Resources were being taken away from security and applied to development. The budget made provision for the building of five new prisons but no information was available on the progress that had been made. He agreed that putting prisoners to work was a good idea but feared that the opportunity for escapes would be greater. The risks of escapes occurring needed to be mitigated.  The Department had many protocols in place to address the issue of corruption in prisons but it would appear that there was a lack of implementation. Although no bags or cash were allowed in prisons but the rule was not being applied.

 

Mr Mathabathe agreed that prison labour would increase the chances of escapes. The issue of prison labour needed further consideration.  Since the 7-day work week was established, staff had to work longer hours and there were fewer staff per shift. There was currently a moratorium on the filling of vacancies in the DCS.

 

Ms M Nyanda (ANC) said that the 2009 State of the Nation Address had referred to the transformation of the Criminal Justice System. She did not think that this had been achieved. The issue of awaiting-trial prisoners remained a problem. Corrupt officials were being suspended on full pay. It was the tax payer’s money that was being wasted. Certain DCS officials were also implicated in bringing drugs into prisons.

 

Mr Selfe pointed out that the training of prisoners was being done by external contractors rather than officials from the DCS.

 

The Chairperson concluded that the Committee would no longer accept excuses by DCS. The Department had to ensure that alignment with the White Paper took place.

 

Adoption of Minutes

The Chairperson advised that the Committee was one member short of having a quorum present at the meeting. As a result, the minutes of previous Committee meetings could not be adopted and was postponed to the following week.

 

Committee visit to Westville Prison

The Chairperson advised that correspondence had been received from the Minister relating to an incident at Westville Prison during the previous week. The Committee had intended to visit the prison on Friday, 5 March 2010. The Minister informed the Committee that a multi-task team had been assembled to investigate the incident and the Committee was requested to postpone the planned visit until the report on the investigation by the multi-task team had been forwarded to Members. The report was expected on 5 March 2010.  He requested comment from the Members on the matter.

 

Mr J Selfe (DA) felt that a visit to the Westville Prison by the Committee would have been useful if it had taken place shortly after the incident had taken place. He suggested that, in future, a small delegation was sent as soon as possible after an incident had taken place if the entire Committee was unable to undertake a visit. Such an arrangement would allow the Committee to be informed.  He felt that a visit by the Committee long after the fact was a waste of time.  He said that it would be necessary for the Committee to be briefed by the Minister and the task team on the report.

 

Mr Z Madasa (ANC) shared the sentiments of Mr Selfe that a visit to the prison by the Committee on 5 March 2010 would have little benefit. A task team had been appointed to look into the matter and he felt that it was best for the Committee to await the task team’s report.

 

The Committee agreed to cancel the visit to the Westville Prison scheduled for 5 March 2010.

 

Briefing on disciplinary hearing of National Commissioner and appointment of National Commissioner

The Chairperson advised that the Committee was to be briefed on the outcome of the disciplinary hearing of the National Commissioner. The matter remained unresolved and the Department of Correctional Services (DCS) intended to appoint a new National Commissioner by 1 April 2010. He asked if the briefing should be moved to a date after the appointment of the new National Commissioner or be held before 1 April 2010.   He felt that a briefing after the appointment of a new National Commissioner would not be useful as the Committee would have no opportunity to have an impact on the appointment. The Committee was in the dark about the process to be followed on the appointment and was not aware of the Minister’s views on the matter.

 

Ms B Blaai (COPE) asked if the person being appointed as the National Commissioner was the same person subjected to a disciplinary hearing or if someone else had been nominated for the post.

 

The Chairperson explained that the position had to be filled and he had no knowledge of who had been nominated for the post.

 

Mr A Fritz (DA) said that the issue was the application of the rule of law and the process that needed to be followed. The Committee needed clarity on the matter and the briefing with the Minister should be held prior to the appointment rather than after the fact. He wondered how the Minister felt over the matter.

 

The Committee agreed that the Minister and the Department would be requested to brief the Committee on 24 March 2010, i.e. before the appointment of the National Commissioner by 1 April 2010.

 

 

The meeting was adjourned.