New National Commissioner introduced by Minister of Correctional Services; Durban Westville escape & Wilson gender matter update, Committee oversight reporting
Meeting Summary
The Minister of Correctional Services introduced the newly appointed National Commissioner, Mr Tom Moyane, to the Portfolio Committee. Mr Moyane and a new Chief Financial Officer had been appointed on 15 May. There would be interaction between the Minister and the new appointees to address problems.
Mr Moyane briefly addressed the Committee, saying he had been learning about Department and had engaged with counterparts in the Justice cluster. He referred to the escapes from Durban Westville Centre, and promised a return to the basics of security. Collusion by officials would be disciplined. He could not discuss the matter of Ms Wilson, held in a male cell for six months, but indicated that Ms Wilson had at the time been a male undergoing a sex change.
The Committee welcomed the new Commissioner. The Chairperson stressed that it was the underlying causes of the escape and the Ms Wilson matter that had to be exposed. The Department of Correctional Services (DCS) replied that establishment of sexual identity on admission would be adhered to. A member complained that DCS officials did not take the Department seriously, and did as they liked. The Commissioner replied that the DCS had scored a quick win with the establishment of standard operational procedures. An accountability culture would be pursued in the DCS. In reply to a query why suspended officials at Durban Westville had simply been moved to a different section, the Committee was told that it was because of staff shortages. A member remarked that escape usually involved collusion of officials, and that officials had to be made to understand that non-compliance would have consequences. Members complained about equipment not functioning at the Durban Westville Centre. A member severely criticized the DCS management, whom she claimed were out of touch with what was happening on the ground. The Minister replied that the DCS now had a committed leadership, and that there would be a transfer of senior managers.
The Chairperson gave all members present a chance to comment on observations from their oversight visits. Members commented on the condition facilities were in, referring to centres such as the Rustenburg Excellence Centre as disaster areas. There were comments on the inability of the Department of Public Works (DPW) to maintain facilities. Members had observed understaffing, and dangers posed to nurses by that. Members who had visited the Rustenburg Centre, in fact proposed that it be shut down. A member commented that he had seen little effort to move towards inmate self sufficiency through the constructive use of inmate labour. The DPW was waited on to perform maintenance tasks that skilled inmates could have performed. Workshops were not properly utilized. A member expressed doubt about DCS World Cup readiness.
In discussion, the DCS indicated that in its relationship with DPW, it was the DCS who felt the pinch. Meetings had been held with the DPW towards achieving a service level agreement. The DCS noted that problems with surveillance cameras were related to disparity between information systems in the Department. The Committee told the Department that it supported the seven day establishment. It was submitted that gangs seemed to control prisons after lockup. The Committee still contested the right to privacy from surveillance, when inmates used that privacy to abuse others. The DCS was told it could expect regular oversight visits to correctional centres, and would be informed in advance. Some visits might be more informal, though that did not mean that the Committee wanted to catch the Department out.
Meeting report
Introductory remarks by the Chairperson
The Chairperson welcomed the Minister, who would be introducing the newly appointed National Commissioner. He announced that the Portfolio Committee would brief the Department of Correctional Services on its recent oversight visits to correctional centres.
Introduction of National Commissioner by the Minister
The Minister, Ms Nosiviwe Mapisa-Nqakula, noted that the Chairperson had remarked at a previous meeting that the previous National Commissioner had not been introduced to the Committee. The Minister told the Committee that a new National Commissioner and Chief Financial Officer (CFO) had now been appointed. Both had commenced work on 15 May. The new Commissioner, Mr Tom Monyane, was not new to government work. He had been involved with Trade and Industry, and the Government Printing Works. She rated him a man of calibre, and had confidence in him. The new CFO, who could not be present, had previously been attached to the KZN provincial legislature that had a track record of clean audit reports. She would interact with the new appointees to address problems. The relationship with the Portfolio Committee had to be strong, and she called on Mr Moyane to support her in that regard. She said that she could sit in on the meeting for an hour.
The Chairperson welcomed Mr Moyane on behalf of the Committee, and asked him to address the Committee.
Introductory address by the new National Commissioner
Mr Tom Monyane thanked the Committee for the welcome. He said that he saw the role of the Portfolio Committee as not just mandatory. He saw the Committee as a partner. He affirmed that the relationship between the new CFO, Mr Simphiwe Sotela, the Minister, and himself had to be sound.
Mr Moyane continued that he was in the process of learning about Correctional Services, and had been thoroughly briefed. He had engaged with counterparts in the Criminal Justice cluster, to encourage a relationship of mutuality. The KZN Regional Commissioner and the Chief Deputy Commissioner were present at this meeting to discuss relevant issues.
Introduction of National Commissioner by the Minister
The Minister, Ms Nosiviwe Mapisa-Nqakula, noted that the Chairperson had remarked at a previous meeting that the previous National Commissioner had not been introduced to the Committee. The Minister told the Committee that a new National Commissioner and Chief Financial Officer (CFO) had now been appointed. Both had commenced work on 15 May. The new Commissioner, Mr Tom Monyane, was not new to government work. He had been involved with Trade and Industry, and the Government Printing Works. She rated him a man of calibre, and had confidence in him. The new CFO, who could not be present, had previously been attached to the KZN provincial legislature that had a track record of clean audit reports. She would interact with the new appointees to address problems. The relationship with the Portfolio Committee had to be strong, and she called on Mr Moyane to support her in that regard. She said that she could sit in on the meeting for an hour.
The Chairperson welcomed Mr Moyane on behalf of the Committee, and asked him to address the Committee.
Introductory address by the new National Commissioner
Mr Tom Monyane thanked the Committee for the welcome. He said that he saw the role of the Portfolio Committee as not just mandatory. He saw the Committee as a partner. He affirmed that the relationship between the new CFO, Mr Simphiwe Sotela, the Minister, and himself had to be sound.
Mr Moyane continued that he was in the process of learning about Correctional Services, and had been thoroughly briefed. He had engaged with counterparts in the Criminal Justice cluster, to encourage a relationship of mutuality. The KZN Regional Commissioner and the Chief Deputy Commissioner were present at this meeting to discuss relevant issues.
He said that the matter of Mark Scott Crossley would indeed be taken seriously. With reference to the nine escapees from Durban Westville Centre, he noted that the escape had occurred at a time when there had been a decline in escapes. For him, one escape from a maximum security facility, was one too many. There had to be progress towards zero tolerance for escapes. Collusion on the part of officials would be punished. There had to be a return to the basics of security.
Mr Moyane noted, concerning Ms A Wilson, that she had at the time of admission been a male undergoing a sex change. The matter was sub judice, however, and could still not be gone into deeply. He said that the Department would listen to the Committee briefing on its oversight visits. He pledged productivity from the side of the Department.
The Chairperson expressed the hope that the new leadership team would be more effective. He concurred that the Wilson matter could not be gone into, so as not to jeopardize court proceedings. However, it was not the detail around the case that was at issue. It was more important to identify underlying causes. The Committee had to be reassured that underlying causes would not repeat itself in future. The incident had occurred in 2002, but that was not a guarantee that it could not happen again, this time to a “Ms Petersen”, for instance.
Ms W Ngwenya (ANC) welcomed the new Commissioner, and told him that the Committee would help him deliver on targets. She said that the Committee had to be critical. Officials had made a faulty assessment about Ms Wilson upon admission. She had been held in a male cell for six months, which made no sense.
Mr M Nxele, KZN Regional Commissioner, responded that the Wilson matter was still before the court. However, he could say that underlying causes were being addressed. Search procedures would be strengthened, even if that implied strip searching, where necessary. Where sexual identity was in doubt, a medical practitioner had to establish that identity. Negligence would be taken seriously.
Ms Ngwenya said that the Committee had to speak out on the matter of the escapes. It seemed to her that officials did not take the Department seriously. The Head of the Centre had been on the verge of retirement when the eight Awaiting Trial Detainees (ATDs) had escaped. A clear explanation was needed, and clarity about the investigation. It seemed to her that ‘escape’ and ‘death’ were accepted as normal in the Department. Inmates knew that security was not working. Money had to be invested in security.
Mr Moyane said that the DCS would pledge not to come up with half-hearted responses. The DSC had a mandate to look after deviants. There had been a quick win with the establishment of standard operational procedures. Regional Commissioners would be held accountable. Head Office had to interact with the regions. He could not promise zero escapes in the immediate future, only that everything would be done to reach that goal. There had to strong financial management and control to prevent situations like a lack of turnstiles. The Chief Deputy Commissioner, the Minister and himself would see to it that the Strategic Plan was implemented. There had to be leadership for transformation. Security issues would be discussed with the Committee. The Minister and Deputy Minister had called for all hands on deck. An accountability culture had to be developed.
Mr Nxele added that escapes were a blot on the career of Correctional Service professionals. Security was a core business of the DCS. Death in custody would be viewed seriously. The DCS would work with the Justice cluster and with the South African Police Service. The perceived collusion and gross negligence of officials would be handled internally. However, government and the Justice cluster would be involved in the disciplinary process. The Deputy Commissioners and Regional Commissioners had been spoken to. Negligence and collusion would not be tolerated. The former Head of Durban Westville Centre had had the weekend off during the escape, he was serving his last week. Former DCS members had been suspended, the investigation had concluded that individuals had not been performing their functions. Not only the officials at work on that day, had been involved. There were others.
Ms M Nyanda (ANC) pointed out that 16 officials had been suspended after the escapes, but they had then been moved to the Medium B section. She asked why they had not been suspended to stay at home. It was disturbing that the escape had occurred during broad daylight. Where were the officials?
Mr Nxele replied that the officials had been suspended for longer than 30 days, but staff shortages were so acute, that they had to be redeployed. Suspension could not be used as punishment in the DCS. He did agree that keeping the officials at the same centre, was not advisable.
Mr J Selfe (DA) remarked that he had had a long association with Corrections. Over the years, three matters had tended to surface repeatedly. Those were lack of staff, inadequate facilities and overcrowding. He knew of no escape where there had not been collusion by officials. Staff were blamed, without getting to the source of the problem. He commended the establishment of standard operational procedures, but they had to be adhered to. There had to be the sense that if duties were neglected or rules not complied with, there would be consequences. The National Commissioner had to demand accountability. With regard to Public Private Partnerships (PPPs), the consequences of escape and inmate death had to be made clear. There had to be performance agreements with managers. Individuals had to know the consequences for themselves, of non compliance. Old and run down facilities were a challenge, but problems had occurred at new facilities as well. Earlier that year at the new Kimberley Centre, there was no IT and telephones. There had been a hostage drama at the hospital. Students were caught having sex in an inmate toilet.
Ms M Phaliso (ANC) remarked on the absence of staff at the time of the escape. There were not sufficient staff on duty, or at least in the area where the escape occurred. There was a lack of supervision. The escapees had had plenty of time. The question was how the escapees knew that area was safe for them to proceed through. They must have received directions from someone.
The Chairperson remarked that during the visit to Durban Westville, he had been struck by the absence of tools of the trade. Turnstiles were secured by handcuffs. Nothing was going on in the surveillance room. In the DCS Strategic Plan of the previous year, one performance indicator referred to was the percentage of prisons where access turnstiles had been installed. They were not there at the time of the visit the previous week. The Department had not followed up on that commitment. There had to be interaction with the Minister. There were no photos of the escapees, to help with identification. There were severe challenges. He wondered why experienced officials could not deal with the situation. Whatever was not rectified, would reappear.
Mr Teboho Motseki, Chief Deputy Commissioner, said that turnstiles had been decommissioned for a certain period. 500 officials had been appointed for control rooms with surveillance cameras. The issue of turnstiles pointed to neglect and absence of direct supervision. The escape of eight ATDs could be linked to improper searching. After the escape, there had been an immediate rollout of the automated personnel identification system. That programme was installed. The Department had consulted with the CSIR about security infrastructure. The CSIR had been asked to supply an integration system to integrate disparate technologies. There had been a bid for the next finance year, for the training of security officials. The Occupational Specific Dispensation (OSD) made provision for specialised training to security officials. It would no longer have to be a situation where an official would get security training and then proceed to logistics. Training would produce focused individuals, with specialist security skills.
The Chairperson commented that turnstiles had been said to be decommissioned, but surveillance cameras were also not working at Durban Westville. There were three operatives trying to sort out the matter. One of them said that the software had not been sorted out. In Durban, staff had said that they saw the cameras as being there to spy on them, to see that they were doing their jobs. The officials were part of the problem. There had to be a shift in mindset.
Mr Selfe remarked that huge amounts of money had been spent on installing surveillance cameras. A status report was needed, on where cameras had been installed.
Ms Ngwenya objected that the Department came up with reports that brushed over the real problems. Perhaps the Committee had to leave Parliament and work with them on the ground. To her, the Department did not seem ready to change. Management was a disaster. Money was paid out to officials who sat in offices and did nothing. Durban Westville was a disaster. The buildings were old and poorly maintained. Yet there was a management in place to see to those things. There had to be a vision for change. At some centres there had been no hot water for four years in spite of a management tasked with looking after such matters. The Department seemed to wait until the Committee had done oversight, before anything got done. Mr Motseki had to stop telling the Committee that things were in order. She told the Minister that the Department did not tell her what was happening. There had to be a written report on escapes. According to her, there was an escape from Durban Westville every year. Ms Ngwenya also made a number of comments in her first language.
The Minister remarked that the DCS now had committed leadership in the National Commissioner and the CFO. As soon as they had settled in, there would also be a transfer of senior managers. There were people stuck in comfort zones. Managers at Head Office were not in touch with the regions. Heads of Centres experienced challenges every day - that those managers did not know about. She referred to claims in the media about a letter to the Judicial Inspectorate from Boksburg. Such a letter had not been received. Challenging incidents involving death or escape, would be followed up by a commission of investigation. The Commissioner would have to assume responsibility for that. A Ministerial task team would be sent to provincial centres. Information was being concealed to counteract steps taken to alleviate overcrowding. Various categories had to be placed where they should be. The Committee would be briefed about the 12 outcomes alluded to by the President. The Committee could assist and help focus on areas where performance could be measured.
Mr Moyane said that the Department understood Committee frustrations. Henceforth, there would be accurate and substantial reports. The DCS would freely discuss its problems. He himself planned to visit key centres. He had paid a brief visit to a centre the day before. There would be interaction with the regions to make informed decisions. Levels of investigation had to be heightened. The inability to move suspended staff due to shortages, was a general government problem. Disciplinary processes took too long. The lack of “tools of the trade” to which the Chairperson had alluded, would be cascaded from leadership to local levels. There was a need to vet officials. National Intelligence, the Police and Justice had to help provide a profile of officials employed. With regard to collusion, he still had to form an assessment of his own. What he did not know, was that prisoners had intelligence sources of their own, and so did officials. It could become necessary to use informers in prisoners. Transfers of staff were also necessary to prevent people from remaining too long in a given area. There were human resource issues at stake. He could promise no quick fix of staff problems, but there would be a report on the matter. There had to be renewal. Processes around escape prevention would be fast tracked. There had to be budgeting for upgrading of facilities. It was unacceptable to have a new centre without IT. The DCS would at all times report on how close it was to targets.
Observations of Portfolio Committee oversight visits
The Chairperson commented that observations of oversight suggested that nothing happened until the Minister sent directives. In the wake of the riot at Kutama Sithumele, there had been no pro-active measures from the Department. Mr Selfe had referred to a nurse held hostage. How had one woman ended up amongst 30 inmates? Management had to change, it could not wait for directives. The Committee had visited the Centre in Kokstad. It had been opened in 2007, and had cost R500 million to build. The Centre was 75% empty. If filled to capacity, the ventilation did not work. It could not be used due to poor workmanship. Space was being wasted. The builders had to be called to order. Had he not encountered those facts on an oversight visit, he would not have known. At Durban there was no hot water for juveniles. They had to go through the winter without hot water, because the boiler was not working. He asked what the Committee and the Department could do, and what the Department of Public Works (DPW) could do. When DPW failed to perform, there were consequences. Just before the Kimberley Centre opened, there were no telephone lines. An inmate transferred to Kimberley could not phone his family to say where he was. It reminded one of 15 years before, when a clinic had been built, but there were no roads to access it. Facilities had to be discussed.
The Chairperson gave every Committee Member present, an opportunity to comment on observations of the oversight visits.
Ms B Blaai (COPE) said that she had visited the Rustenburg Juvenile Centre of Excellence. It turned out to be a centre of disaster. Officials complained that there were 3 wardens for 260 inmates. Officials did not have toilets. Warders who worked night shift, were not relieved after 5 hours. The building could very well collapse. It was old and rotten and there were potholes. The roof was leaking. There was a shortage of staff, and yet there was a moratorium on staff appointment.
Ms Nyanda added that officials at Rustenburg were demotivated. Management was a problem at the Rustenburg Excellence Centre. There was one lady on the staff, and no hot water. The building was finished. The kitchen was in tatters.
Ms M Phaliso (ANC) said that the sleeping quarters were dangerous, at the Rustenburg Centre. The building could collapse. The Committee considered writing to the President to close the centre. She referred to an Excellence Centre with a good infrastructure, where inmates were involved in programmes. It would be better to turn a centre like that into a juvenile centre, so that they could be useful when released, and not return to prison. Public Private Partnership (PPP) centres had directors from abroad that actually lectured Committee members. They told them what they wanted from them, instead of saying what they could provide. The Corrections environment had to change. BUSASA got paid to work on prisons, but they used inmate labour for that purpose, in Durban.
Ms Phaliso was disturbed by the fact that officials who had not implemented programmes when working for the DCS, were running care programmes in the employ of PPPs. She asked if that meant that that those officials had not been doing their duty formerly, but had got paid with government money. Awaiting Trial Detainees (ATDs) with less than R1 600 bail, had to be moved on through the system. There were foreigners who did not even know why they were being detained. The question was why the officials were not making efforts to assist such people.
Mr S Abram (ANC) welcomed the new Commissioner. He noted that when one took over a new business, stock had to be taken of assets and liabilities. The Committee would consider the Commissioner’s findings. Oversight visits had drawn his attention to the relationship between the DCS and the Department of Public Works (DPW). There was a great amount of human power at correctional centres. Money currently going to DPW could be chanelled into building inmate capacity. Many inmates had skills that could be used for maintenance. One did not have to be a rocket scientist to fix a roof. If the relationship with DPW was inhibiting DoC, it had to be ended.
Mr Abram noted that members were taken on a tour along the escape route used in the Durban Westville escape. He had inspected some broken bars that had been welded together after the escape. One would not even need a 10 pound hammer to break those bars, a 5 pound hammer would suffice. The DPW had done low quality work there. Water was gushing out in vast amounts at the Juvenile Centre, down the drain. There was no effort to recycle it to maintain the grounds, for instance. He found it absurd that the DPW had to be called in for simple things like changing a tap. Management at the centres had to accept responsibility for wasteful expenditure. Small things counted. The situation with DPW was not satisfactory. He pointed out that there were centres, especially in the rural areas, that were self sufficient and produced their own meat and eggs, for instance. But management at the centres complained that budgets to sustain such projects were not forthcoming. If inmate labour was used for self sufficiency, inmates who participated could start their own enterprises upon release. There were beautiful workshops at some centres, but the buildings were often not up to standard, and there was a lack of equipment and people to run them. There were underutilized classrooms. He was concerned about subsidy schemes for officials to buy homes, to have family security.
Ms Ngwenya noted that the Department would be given a full committee report of oversight visits and recommendations. At the Rustenburg centre, staff were not relieved after a 5 hour night shift. There were staff shortages, but also a moratorium on appointments. The shortage applied especially to nurses and teachers. The Committee had been told that crucial posts had been unfilled since 2003. Maintenance was a disaster. Refrigeration was inadequate. Rotten cabbages were cooked up for meals. The boiler had been broken for four years. There was a budget for DPW to maintain facilities, which could be utilized. The attention of the Inspecting Judge had been drawn to sexual harassment complaints among staff. Management had ignored it.
Ms Ngewenya doubted the degree of World Cup readiness in the Department. The Department had guaranteed that there would be readiness at all hours, but this had not been communicated sufficiently to officials. Officials had their own union. They could take sick leave to watch the World Cup. She had been impressed with how clean and sanitary conditions were at Kutama Centre. There had to be a written report about such matters.
Ms Nyanda said that there had been an outbreak of smallpox at Kutama, with only one nurse on hand to deal with that. She had been by herself, in a dangerous position. Staff complained that queries had not been responded to by central management. PPP centres were run from the United States.
The Chairperson noted that the Committee had compiled a preliminary committee oversight report. It would be given to the Department. Dialogue was needed. The Committee supported DCS efforts towards World Cup readiness, but staff anger had to be dealt with, and managed. He told the Department that it was not necessary to respond to all questions immediately. Some could be deferred for future discussion.
Department response to feedback
Mr Motseki said that he found the feedback helpful. He appreciated the frankness. He agreed that the continued use of the Rustenburg facility could be a safety threat. In the DCS relationship with Public Works, it was the DoC that felt the pinch. It was difficult to have to depend on another agency to fulfill one’s obligations. As Mr Abrams had pointed out, it was problematic to have to depend on the DPW. There had been talks with the DPW about service level agreements the day before. He said that the DCS shared the frustrations of the Committee, regarding the situation at Rustenburg, and at Durban Westville. Within a security institution, maintenance problems became a threat to human life. The Department had an inspectorate that visited samples from Management areas, and provided feedback. It was a Departmental programme. In the previous year, the frequency of monitoring visits had slackened, on account of inadequate funding.
Mr Motseki noted that he might have created a misrepresentation about the situation with turnstiles at Durban. It had not been intentional. Durban had in fact not been part of the decommissioning of turnstiles. He had not claimed that surveillance cameras were working. The cameras were old, and there were disparate technical and information systems. There would be a report on technical infrastructure, and DPW maintenance. The Department had to know what worked and what did not. He agreed that officials might attempt to take sick leave for the World Cup, but that had to be managed. Whether the situation had been communicated clearly to officials, would be looked into.
Mr Nxele said that the Department took note of the observations made during the Durban visit. The Durban Westville Centre was huge, there were 10 – 12 000 inmates and 2 000 officials. It was a complex situation. There would be interaction with the DPW about maintenance. Officials had to be engaged to meet challenges. The quality of officials varied. There were many officials who could truthfully claim that they were giving it their all. But omission and collusion on the part of some, gave the Department a bad name. Problems had arisen where monies had been shifted from the Department to make up for shortages in municipalities surrounding the facilities. Lack of hot water in the juvenile centre, would be taken up with the Area Commissioner. Regarding the promotion of student officials, he noted that college education had to be followed by a 12 month learnership, before the official could be fully fledged. There was no systematic promotion policy. He said that there would be engagement with Area Commissioners about World Cup readiness. The DCS had to play a certain part in the host cities, but still a presence at work had to be maintained.
Mr Moyane commented that the Department had taken note of and absorbed the observations of the Committee. He thanked the Committee for the opportunity, and undertook to respond to the weaknesses that would be showed up by the committee oversight report. Interaction with the Committee provided a sense of responsibility. The Department would take up issues on both ad hoc and official bases. The Minister would be approached on matters such as staffing shortfalls. The Committee would be kept informed. A reactive approach would not suffice for the DCS. Senior officials were at that moment working on the Annual Report, and they could be assisted by the interaction with the Committee.
The Chairperson expressed the belief of the Committee in the Seven Day Establishment. It had helped the move away from exorbitant overtime, and the Committee supported that. The overtime system did not help anyone. The Committee remained committed to the structuring of the inmate day, and wanted inmates to work. The Department had to consider the Committee perception that after lockup, gangs took over and ran centres. The Committee had some ideas of its own. Something had to be done. Surveillance had to improve. The Committee could not accept the right of privacy for those who abused others. Management of cells after lockup had to be a priority.
Committee members represented all areas of the country, and they would be doing oversight visits everywhere. The Department would be told who would be going where. It was possible that not all visits would be formal. The Committee needed support. The Committee had adopted certain centres. If things went wrong at the Kimberley Centre, the Committee could be expected to be harsh. He assured the Department that oversight visits were not to catch them out, but to remain informed.
The meeting was adjourned.
Mr Moyane noted, concerning Ms A Wilson, that she had at the time of admission been a male undergoing a sex change. The matter was sub judice, however, and could still not be gone into deeply. He said that the Department would listen to the Committee briefing on its oversight visits. He pledged productivity from the side of the Department.
The Chairperson expressed the hope that the new leadership team would be more effective. He concurred that the Wilson matter could not be gone into, so as not to jeopardize court proceedings. However, it was not the detail around the case that was at issue. It was more important to identify underlying causes. The Committee had to be reassured that underlying causes would not repeat itself in future. The incident had occurred in 2002, but that was not a guarantee that it could not happen again, this time to a “Ms Petersen”, for instance.
Ms W Ngwenya (ANC) welcomed the new Commissioner, and told him that the Committee would help him deliver on targets. She said that the Committee had to be critical. Officials had made a faulty assessment about Ms Wilson upon admission. She had been held in a male cell for six months, which made no sense.
Mr M Nxele, KZN Regional Commissioner, responded that the Wilson matter was still before the court. However, he could say that underlying causes were being addressed. Search procedures would be strengthened, even if that implied strip searching, where necessary. Where sexual identity was in doubt, a medical practitioner had to establish that identity. Negligence would be taken seriously.
Ms Ngwenya said that the Committee had to speak out on the matter of the escapes. It seemed to her that officials did not take the Department seriously. The Head of the Centre had been on the verge of retirement when the eight Awaiting Trial Detainees (ATDs) had escaped. A clear explanation was needed, and clarity about the investigation. It seemed to her that ‘escape’ and ‘death’ were accepted as normal in the Department. Inmates knew that security was not working. Money had to be invested in security.
Mr Moyane said that the DCS would pledge not to come up with half-hearted responses. The DSC had a mandate to look after deviants. There had been a quick win with the establishment of standard operational procedures. Regional Commissioners would be held accountable. Head Office had to interact with the regions. He could not promise zero escapes in the immediate future, only that everything would be done to reach that goal. There had to strong financial management and control to prevent situations like a lack of turnstiles. The Chief Deputy Commissioner, the Minister and himself would see to it that the Strategic Plan was implemented. There had to be leadership for transformation. Security issues would be discussed with the Committee. The Minister and Deputy Minister had called for all hands on deck. An accountability culture had to be developed.
Mr Nxele added that escapes were a blot on the career of Correctional Service professionals. Security was a core business of the DCS. Death in custody would be viewed seriously. The DCS would work with the Justice cluster and with the South African Police Service. The perceived collusion and gross negligence of officials would be handled internally. However, government and the Justice cluster would be involved in the disciplinary process. The Deputy Commissioners and Regional Commissioners had been spoken to. Negligence and collusion would not be tolerated. The former Head of Durban Westville Centre had had the weekend off during the escape, he was serving his last week. Former DCS members had been suspended, the investigation had concluded that individuals had not been performing their functions. Not only the officials at work on that day, had been involved. There were others.
Ms M Nyanda (ANC) pointed out that 16 officials had been suspended after the escapes, but they had then been moved to the Medium B section. She asked why they had not been suspended to stay at home. It was disturbing that the escape had occurred during broad daylight. Where were the officials?
Mr Nxele replied that the officials had been suspended for longer than 30 days, but staff shortages were so acute, that they had to be redeployed. Suspension could not be used as punishment in the DCS. He did agree that keeping the officials at the same centre, was not advisable.
Mr J Selfe (DA) remarked that he had had a long association with Corrections. Over the years, three matters had tended to surface repeatedly. Those were lack of staff, inadequate facilities and overcrowding. He knew of no escape where there had not been collusion by officials. Staff were blamed, without getting to the source of the problem. He commended the establishment of standard operational procedures, but they had to be adhered to. There had to be the sense that if duties were neglected or rules not complied with, there would be consequences. The National Commissioner had to demand accountability. With regard to Public Private Partnerships (PPPs), the consequences of escape and inmate death had to be made clear. There had to be performance agreements with managers. Individuals had to know the consequences for themselves, of non compliance. Old and run down facilities were a challenge, but problems had occurred at new facilities as well. Earlier that year at the new Kimberley Centre, there was no IT and telephones. There had been a hostage drama at the hospital. Students were caught having sex in an inmate toilet.
Ms M Phaliso (ANC) remarked on the absence of staff at the time of the escape. There were not sufficient staff on duty, or at least in the area where the escape occurred. There was a lack of supervision. The escapees had had plenty of time. The question was how the escapees knew that area was safe for them to proceed through. They must have received directions from someone.
The Chairperson remarked that during the visit to Durban Westville, he had been struck by the absence of tools of the trade. Turnstiles were secured by handcuffs. Nothing was going on in the surveillance room. In the DCS Strategic Plan of the previous year, one performance indicator referred to was the percentage of prisons where access turnstiles had been installed. They were not there at the time of the visit the previous week. The Department had not followed up on that commitment. There had to be interaction with the Minister. There were no photos of the escapees, to help with identification. There were severe challenges. He wondered why experienced officials could not deal with the situation. Whatever was not rectified, would reappear.
Mr Teboho Motseki, Chief Deputy Commissioner, said that turnstiles had been decommissioned for a certain period. 500 officials had been appointed for control rooms with surveillance cameras. The issue of turnstiles pointed to neglect and absence of direct supervision. The escape of eight ATDs could be linked to improper searching. After the escape, there had been an immediate rollout of the automated personnel identification system. That programme was installed. The Department had consulted with the CSIR about security infrastructure. The CSIR had been asked to supply an integration system to integrate disparate technologies. There had been a bid for the next finance year, for the training of security officials. The Occupational Specific Dispensation (OSD) made provision for specialised training to security officials. It would no longer have to be a situation where an official would get security training and then proceed to logistics. Training would produce focused individuals, with specialist security skills.
The Chairperson commented that turnstiles had been said to be decommissioned, but surveillance cameras were also not working at Durban Westville. There were three operatives trying to sort out the matter. One of them said that the software had not been sorted out. In Durban, staff had said that they saw the cameras as being there to spy on them, to see that they were doing their jobs. The officials were part of the problem. There had to be a shift in mindset.
Mr Selfe remarked that huge amounts of money had been spent on installing surveillance cameras. A status report was needed, on where cameras had been installed.
Ms Ngwenya objected that the Department came up with reports that brushed over the real problems. Perhaps the Committee had to leave Parliament and work with them on the ground. To her, the Department did not seem ready to change. Management was a disaster. Money was paid out to officials who sat in offices and did nothing. Durban Westville was a disaster. The buildings were old and poorly maintained. Yet there was a management in place to see to those things. There had to be a vision for change. At some centres there had been no hot water for four years in spite of a management tasked with looking after such matters. The Department seemed to wait until the Committee had done oversight, before anything got done. Mr Motseki had to stop telling the Committee that things were in order. She told the Minister that the Department did not tell her what was happening. There had to be a written report on escapes. According to her, there was an escape from Durban Westville every year. Ms Ngwenya also made a number of comments in her first language.
The Minister remarked that the DCS now had committed leadership in the National Commissioner and the CFO. As soon as they had settled in, there would also be a transfer of senior managers. There were people stuck in comfort zones. Managers at Head Office were not in touch with the regions. Heads of Centres experienced challenges every day - that those managers did not know about. She referred to claims in the media about a letter to the Judicial Inspectorate from Boksburg. Such a letter had not been received. Challenging incidents involving death or escape, would be followed up by a commission of investigation. The Commissioner would have to assume responsibility for that. A Ministerial task team would be sent to provincial centres. Information was being concealed to counteract steps taken to alleviate overcrowding. Various categories had to be placed where they should be. The Committee would be briefed about the 12 outcomes alluded to by the President. The Committee could assist and help focus on areas where performance could be measured.
Mr Moyane said that the Department understood Committee frustrations. Henceforth, there would be accurate and substantial reports. The DCS would freely discuss its problems. He himself planned to visit key centres. He had paid a brief visit to a centre the day before. There would be interaction with the regions to make informed decisions. Levels of investigation had to be heightened. The inability to move suspended staff due to shortages, was a general government problem. Disciplinary processes took too long. The lack of “tools of the trade” to which the Chairperson had alluded, would be cascaded from leadership to local levels. There was a need to vet officials. National Intelligence, the Police and Justice had to help provide a profile of officials employed. With regard to collusion, he still had to form an assessment of his own. What he did not know, was that prisoners had intelligence sources of their own, and so did officials. It could become necessary to use informers in prisoners. Transfers of staff were also necessary to prevent people from remaining too long in a given area. There were human resource issues at stake. He could promise no quick fix of staff problems, but there would be a report on the matter. There had to be renewal. Processes around escape prevention would be fast tracked. There had to be budgeting for upgrading of facilities. It was unacceptable to have a new centre without IT. The DCS would at all times report on how close it was to targets.
Observations of Portfolio Committee oversight visits
The Chairperson commented that observations of oversight suggested that nothing happened until the Minister sent directives. In the wake of the riot at Kutama Sithumele, there had been no pro-active measures from the Department. Mr Selfe had referred to a nurse held hostage. How had one woman ended up amongst 30 inmates? Management had to change, it could not wait for directives. The Committee had visited the Centre in Kokstad. It had been opened in 2007, and had cost R500 million to build. The Centre was 75% empty. If filled to capacity, the ventilation did not work. It could not be used due to poor workmanship. Space was being wasted. The builders had to be called to order. Had he not encountered those facts on an oversight visit, he would not have known. At Durban there was no hot water for juveniles. They had to go through the winter without hot water, because the boiler was not working. He asked what the Committee and the Department could do, and what the Department of Public Works (DPW) could do. When DPW failed to perform, there were consequences. Just before the Kimberley Centre opened, there were no telephone lines. An inmate transferred to Kimberley could not phone his family to say where he was. It reminded one of 15 years before, when a clinic had been built, but there were no roads to access it. Facilities had to be discussed.
The Chairperson gave every Committee Member present, an opportunity to comment on observations of the oversight visits.
Ms B Blaai (COPE) said that she had visited the Rustenburg Juvenile Centre of Excellence. It turned out to be a centre of disaster. Officials complained that there were 3 wardens for 260 inmates. Officials did not have toilets. Warders who worked night shift, were not relieved after 5 hours. The building could very well collapse. It was old and rotten and there were potholes. The roof was leaking. There was a shortage of staff, and yet there was a moratorium on staff appointment.
Ms Nyanda added that officials at Rustenburg were demotivated. Management was a problem at the Rustenburg Excellence Centre. There was one lady on the staff, and no hot water. The building was finished. The kitchen was in tatters.
Ms M Phaliso (ANC) said that the sleeping quarters were dangerous, at the Rustenburg Centre. The building could collapse. The Committee considered writing to the President to close the centre. She referred to an Excellence Centre with a good infrastructure, where inmates were involved in programmes. It would be better to turn a centre like that into a juvenile centre, so that they could be useful when released, and not return to prison. Public Private Partnership (PPP) centres had directors from abroad that actually lectured Committee members. They told them what they wanted from them, instead of saying what they could provide. The Corrections environment had to change. BUSASA got paid to work on prisons, but they used inmate labour for that purpose, in Durban.
Ms Phaliso was disturbed by the fact that officials who had not implemented programmes when working for the DCS, were running care programmes in the employ of PPPs. She asked if that meant that that those officials had not been doing their duty formerly, but had got paid with government money. Awaiting Trial Detainees (ATDs) with less than R1 600 bail, had to be moved on through the system. There were foreigners who did not even know why they were being detained. The question was why the officials were not making efforts to assist such people.
Mr S Abram (ANC) welcomed the new Commissioner. He noted that when one took over a new business, stock had to be taken of assets and liabilities. The Committee would consider the Commissioner’s findings. Oversight visits had drawn his attention to the relationship between the DCS and the Department of Public Works (DPW). There was a great amount of human power at correctional centres. Money currently going to DPW could be chanelled into building inmate capacity. Many inmates had skills that could be used for maintenance. One did not have to be a rocket scientist to fix a roof. If the relationship with DPW was inhibiting DoC, it had to be ended.
Mr Abram noted that members were taken on a tour along the escape route used in the Durban Westville escape. He had inspected some broken bars that had been welded together after the escape. One would not even need a 10 pound hammer to break those bars, a 5 pound hammer would suffice. The DPW had done low quality work there. Water was gushing out in vast amounts at the Juvenile Centre, down the drain. There was no effort to recycle it to maintain the grounds, for instance. He found it absurd that the DPW had to be called in for simple things like changing a tap. Management at the centres had to accept responsibility for wasteful expenditure. Small things counted. The situation with DPW was not satisfactory. He pointed out that there were centres, especially in the rural areas, that were self sufficient and produced their own meat and eggs, for instance. But management at the centres complained that budgets to sustain such projects were not forthcoming. If inmate labour was used for self sufficiency, inmates who participated could start their own enterprises upon release. There were beautiful workshops at some centres, but the buildings were often not up to standard, and there was a lack of equipment and people to run them. There were underutilized classrooms. He was concerned about subsidy schemes for officials to buy homes, to have family security.
Ms Ngwenya noted that the Department would be given a full committee report of oversight visits and recommendations. At the Rustenburg centre, staff were not relieved after a 5 hour night shift. There were staff shortages, but also a moratorium on appointments. The shortage applied especially to nurses and teachers. The Committee had been told that crucial posts had been unfilled since 2003. Maintenance was a disaster. Refrigeration was inadequate. Rotten cabbages were cooked up for meals. The boiler had been broken for four years. There was a budget for DPW to maintain facilities, which could be utilized. The attention of the Inspecting Judge had been drawn to sexual harassment complaints among staff. Management had ignored it.
Ms Ngewenya doubted the degree of World Cup readiness in the Department. The Department had guaranteed that there would be readiness at all hours, but this had not been communicated sufficiently to officials. Officials had their own union. They could take sick leave to watch the World Cup. She had been impressed with how clean and sanitary conditions were at Kutama Centre. There had to be a written report about such matters.
Ms Nyanda said that there had been an outbreak of smallpox at Kutama, with only one nurse on hand to deal with that. She had been by herself, in a dangerous position. Staff complained that queries had not been responded to by central management. PPP centres were run from the United States.
The Chairperson noted that the Committee had compiled a preliminary committee oversight report. It would be given to the Department. Dialogue was needed. The Committee supported DCS efforts towards World Cup readiness, but staff anger had to be dealt with, and managed. He told the Department that it was not necessary to respond to all questions immediately. Some could be deferred for future discussion.
Department response to feedback
Mr Motseki said that he found the feedback helpful. He appreciated the frankness. He agreed that the continued use of the Rustenburg facility could be a safety threat. In the DCS relationship with Public Works, it was the DoC that felt the pinch. It was difficult to have to depend on another agency to fulfill one’s obligations. As Mr Abrams had pointed out, it was problematic to have to depend on the DPW. There had been talks with the DPW about service level agreements the day before. He said that the DCS shared the frustrations of the Committee, regarding the situation at Rustenburg, and at Durban Westville. Within a security institution, maintenance problems became a threat to human life. The Department had an inspectorate that visited samples from Management areas, and provided feedback. It was a Departmental programme. In the previous year, the frequency of monitoring visits had slackened, on account of inadequate funding.
Mr Motseki noted that he might have created a misrepresentation about the situation with turnstiles at Durban. It had not been intentional. Durban had in fact not been part of the decommissioning of turnstiles. He had not claimed that surveillance cameras were working. The cameras were old, and there were disparate technical and information systems. There would be a report on technical infrastructure, and DPW maintenance. The Department had to know what worked and what did not. He agreed that officials might attempt to take sick leave for the World Cup, but that had to be managed. Whether the situation had been communicated clearly to officials, would be looked into.
Mr Nxele said that the Department took note of the observations made during the Durban visit. The Durban Westville Centre was huge, there were 10 – 12 000 inmates and 2 000 officials. It was a complex situation. There would be interaction with the DPW about maintenance. Officials had to be engaged to meet challenges. The quality of officials varied. There were many officials who could truthfully claim that they were giving it their all. But omission and collusion on the part of some, gave the Department a bad name. Problems had arisen where monies had been shifted from the Department to make up for shortages in municipalities surrounding the facilities. Lack of hot water in the juvenile centre, would be taken up with the Area Commissioner. Regarding the promotion of student officials, he noted that college education had to be followed by a 12 month learnership, before the official could be fully fledged. There was no systematic promotion policy. He said that there would be engagement with Area Commissioners about World Cup readiness. The DCS had to play a certain part in the host cities, but still a presence at work had to be maintained.
Mr Moyane commented that the Department had taken note of and absorbed the observations of the Committee. He thanked the Committee for the opportunity, and undertook to respond to the weaknesses that would be showed up by the committee oversight report. Interaction with the Committee provided a sense of responsibility. The Department would take up issues on both ad hoc and official bases. The Minister would be approached on matters such as staffing shortfalls. The Committee would be kept informed. A reactive approach would not suffice for the DCS. Senior officials were at that moment working on the Annual Report, and they could be assisted by the interaction with the Committee.
The Chairperson expressed the belief of the Committee in the Seven Day Establishment. It had helped the move away from exorbitant overtime, and the Committee supported that. The overtime system did not help anyone. The Committee remained committed to the structuring of the inmate day, and wanted inmates to work. The Department had to consider the Committee perception that after lockup, gangs took over and ran centres. The Committee had some ideas of its own. Something had to be done. Surveillance had to improve. The Committee could not accept the right of privacy for those who abused others. Management of cells after lockup had to be a priority.
Committee members represented all areas of the country, and they would be doing oversight visits everywhere. The Department would be told who would be going where. It was possible that not all visits would be formal. The Committee needed support. The Committee had adopted certain centres. If things went wrong at the Kimberley Centre, the Committee could be expected to be harsh. He assured the Department that oversight visits were not to catch them out, but to remain informed.
The meeting was adjourned.
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