Overcrowding in Prisons; Issues raised in Committee Reports on their visits to prisons: Departmental briefing & response

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
20 February 2002
DEPARTMENT OF CORRECTIONAL SERVICES ON OVERCROWDING AND PRISONS: BRIEFING; ISSUES RAISED IN THE COMMITTEE REPORTS ON THEIR VISITS TO VARIOUS PRISONS: RESPONSE

Chairperson: Mr Mokoena

Relevant documents:
Presentation by the Department (See Appendix)

SUMMARY
The Department of Correctional Services (DCS) briefed the Committee on overcrowding in prisons and responded to issues raised by the Committee following the Members' study tours to Pollsmoor, Pretoria and Johannesburg Prison. The report was dated 13 June 2001. The Department said that overcrowding and limited resources hampers their efforts to improve service delivery and jeopardizes all the advances that are made. It was submitted that the problems cannot be overcome by the Department alone but must be solved through a joint effort by whole Justice & Security cluster.

MINUTES
The Committee was briefed by a Departmental delegation consisting of: the Commissioner; the Chief Financial Officer (CFO); the Acting Chief Deputy Commissioner (CDC); Acting Deputy Commissioner; Provincial Commissioners for the Eastern Cape, Northern Cape and Gauteng and the Acting Provincial Commissioner for the Western Cape and the Deputy Director Media Liaison.
The presentation sought to address policy and strategic initiatives and focus on specific prisons visited.

The Commissioner identified the following issues as areas of major concerns:
- Overcrowding;
- Poor prison conditions;
- Health conditions;
- Well being of personnel;
- Escapes and
- Corruption.

The Acting Chief Deputy Commissioner took the Committee through the presentation followed by a presentation by the three provincial commissioners.

Response to Report on Pollsmoor
The acting Western Cape Provincial Commissioner responded to the Committee's point in the report on the state of hygiene. He explained that the concerns are being addressed. One of the sections of the prison is under renovation and this will improve hygiene. There is competition between inmates to have the cleanest sections. The other issue is the shortage of clothes. The Department is currently introducing the yellow uniform. For the awaiting trial prisoners who do not change their clothes, assistance is sought from Red Cross but this is not enough. When the new uniform is in use, the green uniform will be made available to awaiting trial prisoners who do not have clothes.

On the issues of corpses lying for days, the Committee was advised that arrangements have been made with the Police and the Justice Department. If the body cannot be removed during the night it will be removed immediately the next day. If the body must remain overnight then it will be taken out of the cell.

The state of health services is mainly due to the shortage of personnel. Six nurses have been appointed and another four will follow to have the full compliment of ten nurses.

The Commissioner said that there are problems but that the accusations leveled by Dr Theron and Dr Craven must be interrogated and their intentions must be questioned.

Response to Report on Johannesburg and Pretoria Prison
The Provincial Commissioner of Gauteng said that he was shocked by the conditions of Johannesburg Medium A; the prison was filthy when the Committee paid its visit. Management was taken to task to get the prison clean. The real problem though is overcrowding; the various Departments are in constant interaction to address the awaiting trial backlog and the Saturday courts are working well in Johannesburg. Prisoners awaited trial for three to four years, there was one example of the juvenile who stole a mango who waited for six months but he is now on bail.

The Commissioner found that mentally ill prisoners were wrongly referred to Correctional Services and then it takes a long time to get them into the correct institutions.

A private contractor has now been engaged to remove corpses. As soon as there is a death and the police have investigated, the body is removed. It never remains for longer than a day.

The problem of smuggling is being addressed and some officials have been brought to book and some dismissed.

In respect of Pretoria Central Prison, the visit by Members went smoothly. There is a problem with overcrowding but the conditions are good.

Provincial Commissioner - Eastern Cape
The Provincial Commissioner of the Eastern Cape was responding to two issues: with respect to an incident of the alleged sodomy of an inmate by an official, an internal investigation could not find enough evidence. A charge was laid by the inmate but a police investigation turned up nothing.

The incident in which public representatives were man-handled resulted because there was no agreement or prior arrangement for the visit. Without the necessary permission the officials on duty will stick to the rules but if there is proper communication then there should be no problems.

Discussion
Mr Mathee (NNP) quoted the President, who has said that by 2003 crime must be stabilised and by 2009 the crime situation must be normalised. In other words, brought into line with international standards. The Member said that he had raised it with the President that the time frame of 2009 was to long and the President agreed that the date must be brought forward.
Did the Department have specific goals linked to time frames over the next couple of years? What will be done to bring the crime situation into line with international standards?

Secondly, when would the access cards requested for Members for visits to prisons be available?

The Commissioner said that a programme for new cards has been delayed because of problems. As Commissioner he only took up his position a few months ago and only found out about the request for the cards when preparing for the briefing. It was important for the Department to know how the cards would be utilised by the Members because they cannot walk into prisons and open up cells whenever they feel like. Interaction was needed on this issue.
Thirdly, in response to the comment by the Western Cape Commissioner on the statements made by Dr Craven and Dr Theron why did the Department not regard what they were saying as useful or is it factually incorrect?

The Commissioner said that sometimes people do things and the motivation is not always to make the situation better. Dr Craven was with the Department for 13 years and benefited financially from the relationship. He has a company that consists of a group of doctors who want the Department to outsource work to them. There could therefore be commercial motives behind the statements. The Department takes full responsibility for the health conditions but has the right to review the relationship with Dr Craven. Why does he only decide to speak up after 13 years?

An ANC member asked whether prisons have dedicated maintenance teams. Secondly he wanted comment on the mixing of juveniles with adults.

He said that maintenance an in house department and was part of permanent management. Sometimes jobs have to be outsourced if it is to bog for maintenance to handle.

Ms Majodina (ANC) asked how the Department can ensure that prisoners report cases of sodomy without being afraid. She also wanted clarity on the capacity of Northern Cape Prisons.

Not wanting to sound too controversial the Commissioner said that prison is a reflection of society. An in the country there is an increase in same sex relationships. People march for their rights and some end up in prison. In prison it is called sodomy, but is it only sodomy in prison or outside prison as well. If there is coercion Correctional Services will act. The police will not charge a person with rape if the same sex is involved but the commissioner submits that any forced sexual intercourse should be rape and not called sodomy.

On the capacity of Northern Cape prisons he said that the figures are misleading. There is a great deal of petty crime that takes place, which is mostly over the weekends when alcohol abuse is high.

Mr Zulu (ANC) asked why there are underage juveniles kept in prison. Was it not possible to place them under the care of their parents? It seems that there are only black and no white juveniles in prison.

The Commissioner said that it is unconstitutional to keep children in jail but some of the crimes that have been committed include murder. Stealing a mango is one thing but children killing to steal cars is difficult for the Department to deal with. Correctional Services, along with the Department for Social Development, is developing a coherent programme to deal with juveniles.

Mr Booi (ANC) commented that prisons only reflected one sector of the population. What programme is in place to integrate the prisons that were formerly for only one sector of the population? In the Eastern Cape he said that he knew of serious human rights violations. What was the Department doing about this?

The Commissioner was not aware of any prisons that were not integrated.

The Commissioner replied that overcrowding must be understood in the context of the whole criminal justice system. Correctional Services cannot adequately deal with the problem alone; all the Departments in the security cluster must find a solution. The Commissioner previously made an empty threat that he would no longer accept awaiting trial prisoners because it is only the responsibility of the Department of Correctional Services by default. Internationally the Justice Department is responsible for awaiting trial prisoners.

The impact of overcrowding is being felt because the police are doing a good job.

Statistics SA says that there is an increase in the HIV epidemic amongst the younger part of the population. The prison population is also getting younger so prisons are a reflection of society. The Department is guided by the Health Department and a Correctional Services HIV / AIDS policy has been developed. The conditions in prison cause AIDS patients to deteriorate faster. Prison is not the best place for them and guidance is needed on this issue.

On human rights violations the Commissioner said that if it is in the context of overcrowding, the Department takes responsibility, there are matters beyond their control and the Department is trying to cope. If there is a violation of human rights then it must be reported, especially if there has been ill treatment.

The Commissioner asked for additional comments from his delegation.

The Acting CDC said that research needs to be done on what happens before the crime is committed as this will help in sentencing, rehabilitation and prevention. This initiative will need to come form universities and research bodies. The community must be part of the process and DCS has probably not done enough to market the role of the community. If a person re-enters society does society welcome him and give him a job? Do other Departments, such as Health, consider prisoners and those serving a sentence of correctional supervision in their planning? Correctional Services is working hard with Social Development to place children under the age of fourteen years at safe houses but once they are sentenced they must be returned to prison because the safe houses cannot provide the necessary security.

She said that 68 000 prisoners were between 15 - 25 and 4000 were under 15 and a prevention programme will go a long way in reducing these numbers.

Twelve posts were created for HIV co-ordinators. With the limited number of nurses it is difficult to run awareness programmes but now there are dedicated individuals to do this. Another challenge for the Department are terminally ill patients. The stressful environment adds to their health problem but when they are released into a less stressful environment they feel much better and some even return to committing crime.

A mini survey was done to see how many prisoners contracted AIDS in prison and only a handful was found to have contracted the disease inside. The research also shows that prisoners are reluctant to talk about their sexual preference.

The Western Cape Provincial Commissioner said that it seems that South Africans have inherited an attitude that allows people to languish in prison when one looks at the number of prisoners in relation to the size of the population. SA has one of the highest prison populations in the world. DCS cannot do something about this alone. DCS does not decide on the sentence, e.g. is it necessary to impose a sentence for petty crime.

On Dr Craven, he said that a area manager wanted to meet with him to discuss the problems raised but Dr Craven refuses the meeting.

The Northern Cape Commissioner agreed that crime in his province is petty, but the province has its fair share infant rapists. The prisons are far apart and have a small capacity. Some have a capacity of 40-100, four prisons have a capacity of about 300 and two have a capacity of 800. So in prisons with a capacity of 100, but 200 inmates then the occupancy would be 200%. Correctional Services is trying to transfer prisoners to neighboring provinces to make room for awaiting trial prisoners who must be kept near the courts.

On the mixing of prisoners he said that males and females have to be separated. Then there should also be a separation between convicted prisoners and awaiting trial prisoners. Further there must be separation among juveniles. Overpopulation makes this difficult but the separation still has to be done. The worst that will happen in the Northern Cape is that in one section there will be awaiting trial prisoners and sentenced prisoners but the two categories will not share a cell. When it is time to eat and exercise the two groups take turns.

The Gauteng Provincial Commissioner said that there are not many juveniles under fifteen years of age at Johannesburg Prison. Most are between sixteen and twenty one. Sometimes the parents have had enough and do not want the children anymore and the safe houses cannot secure them.

He confirmed that adults are separated from young offenders, that the prison authorities have succeeded in mixing the races within a cell. He said that all prisoners had the same amenities.

The Eastern Cape Provincial Commissioner said that the biggest limitation is that 60% of cells in SA are communal cells and therefore it is difficult to separate. If you separate according to age group then the nature of crime will vary from petty theft to murder. The ideal would be for Correctional Services is not responsible for awaiting trial prisoners.

Ms Majodina asked if prisoners receive HIV/AIDS drugs and a balanced diet, which is required for the taking of the drugs. She also wanted to know if other inmates were told that a newly admitted prisoner has AIDS.

The Commissioner replied that medication is generally provided but not all the HIV drugs are provided. Some Inmates are on private medical aids and they get medication that way. Some inmates benefit from Health Department pilot projects. There is a strong view that a balanced diet goes a long way and Correctional Services provides a nutritious diet to all inmates. There is no special diet for AIDS sufferers. Authorities also try to follow medical instructions for all illnesses.

With respect to HIV testing, national policy is followed, so no prisoner can be forced to be tested when entering the prison system.

The Chair asked if there is counseling provided for AIDS sufferers. He questioned the need for a private company to remove corpses because it appears that inmates are dying like flies.

The Commissioner replied that the use of a private company to remove corpses is a quick response to criticism.

Mr Maloi (ANC) said that presentation contained a lot of good ideas about the Department of Correctional Services working to better prison conditions but that no time frames were provided. Does the Department have time frames to assist the Committee in fulfilling its oversight role. The Member commented that certain magistrates has said that the Saturday courts must be stopped and wanted the Department's opinion on this.

The Commissioner said the Department is happy with the work of Saturday courts because it helps the overcrowding problem. The DG's in the security cluster say that the Saturday court is working better than court that is in session during the week. The Department is committed to support the Saturday courts.

He added that Correctional Services has a document available with time frames for all projects and it can be made available to the Committee.

Mr Mathee asked what the situation is with the Kokstad prison. He heard about successful farming prisons and asked if there are plans to extend the programme to more prisons.

The Commissioner said that the Kokstad prison will officially be opened in March. There are already inmates in medium security and other provinces are shifting prisoners there. The only section that is empty is maximum security. A decision needs to be taken if it is going to be used because Correctional Services has been told that the structure is not conducive to long term confinement as it may drive people mad.

On farming prisons the Commissioner said that Drakenstein was the best project and was something to be proud of. It has massive lands, an abattoir, bakeries, makes its own uniforms and produces furniture. The navy had placed a R500 000 order for furniture. The facility is self sufficient and good for rehabilitation.

A prison concentrating on dairy farming in the Eastern Cape is very successful. It is said that inmates with ten-year sentences can be left alone to work and will not escape.

Nigel is also a good farming prison. The Department wants each province to have at least one that is good for rehabilitation and can provide resources. There are those who are cautious of prison farming because labour is almost free and they fear a negative effect on the outside market.

Goodwood and Malmesbury are examples of new prisons which are carefully designed. The structure makes a difference to the attitude of inmates and officials and to the rehabilitation of prisoners.

The CFO added that the Department wants each prison to have between a half and one h/a of land for farming purposes except if the prison is in the city, e.g. Pretoria and a few others that have no access to land.

Mr Booi asked how rife racism is in the Department.

The Commissioner said that he has only been with the Department for four months and he cannot say how rife racism is. Talking from a national point of view he could see no problems but admitted things could be different on the ground. He said that the Department was moving into a direction where there is no place for racism.

The Acting Deputy Commissioner added that the HIV/AIDS policy is in accordance with the Health Department. If there is a pilot for Nevirapine nearby then the inmates will have access. Some inmates also get special diabetes and salt free diets. She said that nurses are trained in counseling and can provide this service.

The meeting was adjourned.

Appendix
PRESENTATION BY DEPARTMENT OF CORRECTIONAL SERVICES TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS 20 FEBRUARY 2002

INTRODUCTION
PURPOSE:

To address the concerns raised in the report of the Select Committee on Security and Constitutional
Affairs after visiting Pollsmoor, Pretoria and Johannesburg Prison on 13 June 2001

The presentation will

· Address policy and strategic initiatives; and
· Focus on specific prisons visited

Major areas of concern:

The Department has identified the following issues as major areas of concern

1. Overcrowding
2. Poor prison conditions
3. Health conditions
4. Well being of personnel
5. Escapes
6. Corruption

OVERCROWDING

Overcrowding remains the biggest threat to the gains made in enhancing the core objectives of safe custody, humane detention and rehabilitation of prisoners

CURRENT PRISONER POPULATION

· 229 active prisons nationally with approved cell accommodation capacity for 105 435 prisoners.
· Current prisoner population of 175290 prisoners:
· 55 285 unsentenced; and
· 120 005 sentenced prisoners
· National occupancy level of 160,25 % (66,25 % over-populated)
· 22 prisons are less than 100 % occupied.
· 119 prisons are between 100 and 175 % occupied.
· 88 prisons are higher than 1 75 % occupied of which 47 are in excess of 200 % occupied (100 % overpopulated)

The distribution of the prisoners population, as on 31 December 2001, per province

EFFECTS OF OVERCROWDING

· Contribute to spread of diseases such as TB, skin infections STI's and others.
· Impact on rendering of effective and rehabilitation programmes.
· Impact on effective safe custody services.
· Inhumane incarceration conditions
· Unsafe working environment for DCS officials
· Abnormally high maintenance of prison facilities
· Hampers effective implementation of Unit Management.
· Adverse effect on normal prison management issues.
· High levels of frustration amongst prisoners
· High levels of frustration amongst correctional officials

Strategies to address overcrowding

Initiatives by IJS Cluster
· Saturday Courts to address the backlog with regard to awaiting trials
· Electronic Court process - piloted in two major centres, Johannesburg and Durban Courts in order to streamline court processes
· Awaiting trial project in conjunction with Business Against Crime with the aim to expedite the court process
· Promoting the utilisation of Section 62 (f) of the Criminal Procedure Act, 1977, Act 51 of 1977, to divert awaiting trial prisoners to Community Corrections

Measures by DCS
· Release of offenders with minor offences after having served a set minimum period of sentence
· Conversion of sentence into Community Corrections in line with Section 276(1)(i) and 287 (4) of the Criminal Procedure Act, 1977
· Encourage prisoners to pay bail and fines and assist to facilitate the process.
· Provision of additional accommodation through the Private Public Partnership Projects and through DCS Capital Works Programme
· Marketing of community based alternative sentencing options to Judicial Officers

- Judicial Inspectorate was established to oversee conditions of prisons and report to the President.

- The Independent Prison Visitors resorting under the Inspectorate have access 24 hours to prisons to monitor the implementation of humane incarceration

- The Judicial Inspectorate is assisting the Head of Prisons to identify categories of offenders with less serious economic offences and present their cases to the chief magistrate in accordance with Section 63(a) of the Criminal Procedure Act. This project is being implemented in Pollsmoor prison.

· Enhancement of rehabilitation by placing it at the centre of all activities thus striking a balance between rehabilitation and safe custody. The aim being to provide education, skills development, personal development and spiritual enlightenment to address the offending behaviour and to release prisoners as productive and law abiding citizens

MAINTENANCE OF PRISONS

· The Department has embarked on a RAMP (Repair and Maintenance Programme)
· The programme identifies the national needs, prioritises according to urgency and plans phases for implementation.
· The programme addresses backlog in maintenance and inhumane conditions under which prisoners were incarcerated.
· 33 prisons were identified according to the needs and risk analysis conducted.
· Pollsmoor, Johannesburg and Pretoria are included in Group 1 of the identified prisons. (See accompanying handout)

HEALTH CONDITIONS

Shortage of Nurses
To address the exodus of nurses to other countries the Department is looking into the following strategies:
· Address poor remuneration packages which are not competitive
· Appointment of sessional nurses as an interim measure
· Exploring the possibility of bringing back auxiliary nurses
· Training of custodial staff and prisoners on non-nursing duties

Poor Access to Medical Services
· No prison doctors - the DCS relies on Provincial Departments of Health which are overstretched.
· The Department is in the process of creating posts for medical doctors.
· Currently in the process of negotiations with the South African Medical Association, National and Provincial Departments of Health and National Treasury to improve access to medical services
· Partnership - Establishment of partnerships with NGO's and CBO's to provide health care services.

Addressing terminally ill prisoners
· The Departments policy makes provision for the release of terminally ill sentenced prisoners on medical grounds.
· The Department's policy makes provision for the release of terminally ill sentenced prisoners on medical grounds
· The Department's current policy has been revised to place emphasis on the need for the Head of the Prison to contact the investigating officer and the relevant prosecuting authority to consider the release of terminally ill awaiting trial prisoners from custody
· The Department has had a number of escapes from hospitals because of lack of security.
· Stringent measures are in place to curb escapes in hospitals e.g. leg restraints.
· Punitive measures for staff responsible for escapes.
- Prisoners fake illness through e.g. intake of corrosives to induce vomiting to ensure that they are referred outside prison.
- Staff fears reprisals and fail to use discretion for cases that warrant consideration for release.

Sodomy
- Sodomy like any other assault is regarded as a criminal offence, it has to be reported to the police.

WELL-BEING OF STAFF
· The Department established an Employee Assistance Programme Sub-directorate to improve the well being of all personnel, in 1998.
· There are currently 28 Employee Assistant Practitioners whose role is to complete the intake process and refer to external specialists.
· The programme aims to address the effects of working in a highly stressful field and in poor conditions as a result of overcrowding; and
· To promote wellness through recreation and leisure activities as well as prevention programmes.

ESCAPES

Despite the drastic reduction of the number of escapes from 1997 to date (see accompanying handout) the DCS continues to address the causes of escapes, in order to prevent recurrence. The initiatives taken in this regard include the following:

· National workshops led by the Minister which culminated in the development of a National Plan for the Prevention of Escapes
· Continued training and development of staff.
· Introduction of investigation process conducted by independent investigators
· Enforcement of disciplinary measures to curb aiding and abetting of escapes

Revision of national policy and operational procedure manuals.

· Providing incentives to prisoners and staff who blow the whistle.
· Placing escapees under parole supervision only after having served at least 80 % of their effective sentences and incarceration of high risk escapees in closed maximum security prison (C-Max).
· Installation of Walk-through metal detectors and X-Ray scanners at high risk prisons to enhance detection of unauthorised items

TRENDS OF ESCAPES
· 1997 = 989 of which 407 were from prison
· 1998 = 498 of which 186 were from prison
· 1999 = 459 of which 213 were from prison
· 2000 = 250 of which 91 were from prison
· 2001 = 205 of which 87 were from prison

Identified causes underlying escapes
- Negligence
- Lack of management involvement in the management of prisons
- Corruption

CORRUPTION

An anti-corruption unit was established at National level in1997, an oversight because most corruption occur at operational level

· The unit is beset by lack of capacity (human resource, training facilities, budget, etc.)
· To address the paucity the Department is in the process of investigating the creation of a special centralized unit to:
- Develop a programme to promote a corruption free culture
- Hold all managers and officials responsible and accountable for curbing corruption
- To put effective investigative mechanisms in place to ensure early identification and prompt handling of corruption.

· Judge Jali Commission has been appointed and is currently in the process of investigating allegations of corruption, maladministration, violence and intimidation in the Department.
· Johannesburg, Pollsmoor and Pretoria are amongst the prisons identified for investigation
· The Commission has begun its work in Durban Westville Prison and it is envisaged that the entire process will be completed in 12 months.
· The DCS has put mechanisms in place in line with the recommendations of the Public Service Commissioner and the Department of Public Service and Administration.

CHALLENGES

· Public demand for more punitive sanctions.
· Reliance on incarceration as a crime control measure
· Fragmented measures for dealing with crime/ offenders within the Criminal Justice System
· Unrealistic expectations that corrections alone can solve crime problem
· General lack of public confidence in Criminal Justice System coupled with lack of understanding about corrections
· Continued denial of community's responsibility for crime prevention
· Limited resources

CONCLUSION

The Department's efforts to improve service delivery and enhance professionalism are mainly hampered by the constant threat posed by over crowding and limited resources.

The solution to these challenges needs a collective approach through partnership.