Department of Correctional Services Quarterly Report January – March 2011, key controls, in year monitoring, & human resource- matters including promotions & career development policies, filling of vacancies & vetting of officials

Meeting report

Presentation by the Department of Correctional Services on the 4th Quarter Performance Indicator Information
Mr Tom Moyane, National Commissioner of Correctional Services,  introduced the members of the delegation and welcomed the opportunity to present to the Committee.

Ms Jenny Schreiner, Chief Deputy Commissioner of Correctional Services, briefed the Committee on the Departmental National Consolidated 4th Quarter Administration Programme and achievements. Departmental targets, year to date performances and achievements were highlighted with relation to the Annual Performance Plan (APP).

Specifically, Ms Schreiner dealt with the Department’s Administration Programme, Security Programme, Corrections Programme, and finally the Care Programme.

Ms Schreiner highlighted that in terms of escapes the Department had failed the achieve its targets. This was partly as a result of a change in the shift system as well as the impact of staff shortages on staffing levels, discipline and security compliance in general. In terms of unnatural deaths, Ms Schreiner noted that the priority for the Department was dealing with the issue of suicides, which was being prioritised.

Ms Schreiner highlighted that the 56 rehabilitation categories have been realigned. Reporting would thus be more accurate. The testing of HIV prevalence was highlighted by the Department. There was a strong focus on prevention and education of communicable diseases. It was noted that youth would be involved in literacy programmes in future, as the Minister had previously highlighted.

The percentage of remand detainees under community supervision versus the total remand detainee population with bail would in future be measured as a ratio, and not as a percentage. It was noted that non-custodial sentencing was not being embraced by the Judiciary; however the implementation of electronic monitoring would assist in the adoption of these programmes. Overcrowding was being dealt with on a multi-pronged strategy of which electronic tagging was one aspect.

The creation of new bed spaces and bed capacity in existing facilities was touched on. No new bed spaces were created in the year to date as a result of problems with construction at Brandvlei, Ceres and Vanhynsdorp.

The Department still faced challenges in collecting information on some performance indicators. The Department was completing a technical indicator in 2011, and the focus would then be on refinement of data collection tools and availability of and utilisation of such tools at centre level. This would improve consistency, accuracy and completeness of reports on performance indicators in 2011/12.

The enterprise project management office was operational and would enable the Department to make serious gains in some of these targets.

Discussion
Mr V Ndlovu (IFP) asked for clarification on the number Department’s aim to reduce the number of grievances outstanding for more than 30 days by 10%.

Ms Schreiner replied that the 30 days were a performance standard and gave an example of how this was measured. The 30 day cycle was a target that the Department had not been able to achieve, and the 10% was a reduction in the current performance in view of achieving that in future.

The Chairperson requested that a more understandable target be provided by the Department in future.

Adv L Max (DA) requested further information on the number and nature of litigation that the Department was involved in.

Ms Schreiner replied that this would be provided to the Committee in writing.

Adv Max asked about criminal or Departmental convictions based on the 94 convictions mentioned in the Departmental report. Mr Max asked for information on what the offence was and what the sanction was.

The Department said that these were internal cases. Further details would be provided to the Committee.

The Chairperson added that this was a concern of the Committee. Information needed to be provided to the Committee on what the offence was and what the sanction was as a result for each of these convictions.

Ms W Ngwenya (ANC) asked for reasons why the gender representation targets had not been achieved, especially at senior management level.

Mr Monyane noted that historically these facilities were male dominated. However the Department had identified this as a priority plan, especially in female facilities where males still dominated.

The Department noted that there was a plan for gender targets at national and local level.

Ms Ngwenya requested a definite time-frame on this issue.

Mr Monyane stated that there was a five year plan; however it was difficult to provide definite details.

The Chairperson added that at Head Office gender representation was not difficult. However in facilities themselves there should be gender representation in different facilities, for example there should be female managed and run facilities for female convicts and vice versa.

Mr Monyane noted that the Department had performed international benchmarking and that, if possible this issue would be prioritised in this financial year.

Mr Max proposed that the Department should present its plans for gender representation to the Committee.

The Chairperson noted that there would be an oversight blitz on 12 August in Pretoria, and at various facilities in the year going forward.

Mr L Tolo (COPE) added that men and women should not be mixed in prison, adding, humorously, that people were ‘thirsty’ for sexual gratification.

Ms Ngwenya commented on the level of assault in various facilities, stating that this was a concern. There must also be targets of zero for unnatural death and escapes.

Mr Monyane added that escapes are a problem in any society. The issue was being addressed as a priority. Training and management, and appropriateness of each facility were also concerns. The aspiration of a ‘zero target’ for escapes was an ideal, but in society this was not realistic. It was noted that unnatural and natural deaths also needed to be correctly defined. However violence in cells and prisons, gangsterism and so on contributed to this.

The Chairperson noted that capacity was approximately 120 000. The Department needed to provide more readable and understandable targets and figures for deaths, escapes and so on.

Ms Schreiner added that the Department were following the guidelines given to it, but the Committee’s comments had been taken into consideration.

Adv Max asked how many of the 41 escapees had been re-arrested.

Mr Monyane responded that 29 were re-arrested, 10 were at large, and 2 were killed.

Mr M Cele (ANC) asked for more information on the litigation in which the Department was involved.

Mr Nvlovu asked where the problem originated in terms of vetting employees.

Mr Monyane replied that there was a capacity constraint in dealing with vetting of officials in the Department. Entry level employees were being vetted. However old employees had often not been vetted. ’Old’ employees were resistant to being vetted. All 1 041 new employees for the previous year had been pre-screened. There were 38 000 employees who had not been vetted.

The Chairperson concluded that the Department definitely had problems in collecting information. The Chairperson noted that there was a discrepancy in the figures in terms of the Department’s reporting of electronic access control systems that had been implemented between December and March. Were there 64 functioning systems?

The Department replied that there was a difference between ‘installed’ and ‘functioning’ turnstiles.

The Chairperson added that it was unacceptable to have manually controlled access systems. Of the facilities involved, how many were up to standard?

Mr Monyane added that a full breakdown would be provided to the Committee.

The Chairperson asked for details on the reported 116 097 offenders who attended corrections programmes against a target on 51 153. Were offenders measured more than once? The same point applied to the reporting of work opportunities for offenders.

Ms Schreiner noted that the Department was challenged in terms of collecting this information, based on inmate registration number, as opposed to counting bodies. This was a work in progress and more accurate reporting was something that should become evident.

The Chairperson added that the Committee wanted to know how many offenders were working and how many were, for example, watching television.

The Chairperson noted a discrepancy on the figures reported to the Committee on the numbers of offenders participating in literacy programmes.

The Department added that there was an overlap of the educational year and the financial year.

The Chairperson noted that the Department must deal with figures and targets in a manner understandable to the Committee. The Chairperson noted a further reporting problem regarding the offenders considered by the Department for parole which was stated in the Department’s report of 8 756 as a year to date figure. The quality of the Department’s figures were again queried. Data integrity must be corrected in future. The Committee had raised similar issues previously and this was a continual problem with the Department and this was in actual fact a case of misleading Parliament. This would not be tolerated.

The Chairperson noted that there was a poor public perception of the parole system, because parolees often committed crimes. A broad discussion on this issue needed.

Ms Ngwenya raised the issue of offenders who were out on parole and agreed with the Chairperson that the parole system needed to be debated.

Presentation of the Progress Report on Key Controls
Mr E Sokhela, Chief Financial Officer (CFO), briefed the Committee on the Department’s Report on Key Controls. This was divided into information regarding moveable assets, goods and services, updating policies, preparation of monthly financial statements, debt management, and various other ongoing financial operations.

Mr Sokhela noted that there was a need to create awareness in terms of accountability of assets to various heads of centres. Heads were informed in writing and sub-controllers were also appointed. Follow ups had been completed. Further training was required for managers to understand what is required of them.

The Department was focussing on not employing consultants, and trying to achieve the clean audit reports that other Departments were achieving.

Discussion
The Chairperson requested a more detailed debtors statement, especially the R62 730 owed to the Department by staff.

Ms Ngwenya referred to the 496 interns that had been appointed and deployed. How long were their contracts and what happened after their contracts expired?

These contracts were for 12 months. It was suggested that some of these interns would be kept on as interns.

The Chairperson requested that these interns be taken on as full-time employees in future as opposed to extending their contracts as interns.

Adv Max noted that there seemed to be little to no improvement since September 2010, and the problem statement was repeated. If assets were not being correctly managed how could other figures like staff employed be counted on? Regional Commissioners should take responsibility for assets in their regions and should not delegate responsibility.

Mr Monyane replied that this report showed initiatives were being taken on the ground and that progress was being made. Assets especially were now able to be managed, which had not happened previously.

Preliminary In Year Monitoring (IYM) Presentation
Mr Monyane briefed the Committee on the State of Expenditure per programme for the year ending 31 March 2011. Variances in terms of administration, security, corrections, care, development, social re-integration and facilities were elaborated upon.

Discussion
Ms Ngwenya commented on the under spending on a number of programmes. Why was the Department having a problem spending their budget allocation? The reason given in the presentation was that a number of posts had not been filled, however there were numerous interns who could fill these posts.

Mr Monyane clarified that this was in the past year and that these issues were being dealt with.

Adv Max noted that there was little co-operation between managers.

Mr V Magagula (ANC) and Mr Cele commented that despite the shortcomings, at least it was evident that the Department was going in the right direction.

Mr Monyane commented that under spending was around 5%. The Department was committed as a collective management team to reduce this under spending and to deal with other problems raised by the Committee.

The Chairperson noted that the Department’s and National Treasury’s figures did not match in terms of the breakdown of expenditure.  The Chairperson noted that the figure of R5 252 000 in terms of thefts and losses was large and further details were required.

The Department would provide further details in writing.

The Chairperson reiterated that this was another matter that would be dealt with in detail on 12 August 2011.

The Chairperson noted that the roll-over of R253.3 million was conditional upon the money being spent by August or else it would be withdrawn.

Mr Sokhela replied that they were unaware of a time-frame, but noted that this budget needed to be spent.

The Chairperson noted that catering was over spent by 292%. Performance bonuses were also significantly overspent by 208% which meant that there was seriously improper planning or that there were ‘crooked’ elements in the Department.

The Chairperson also commented on the under spending and poor spending and noted that this was a concern and that money needed to be spent responsibly.

The Chairperson also noted that under spending was often blamed on the Sector Education and Training Authority (SETA) and that serious discussions needed to be conducted with it. If needed, the SETA would be called before the Committee. If a service level agreement was required, then it should be implemented.

Briefing on human resources (HR) Matters
Mr Phiko Mbambo, Deputy Commissioner: Intergovernmental Relations,  briefed the Committee on HR matters within the Department. Human Resources needed to be placed as a strategic unit within the Department. HR was a big historical problem in the Department.

As a result of research the DCS found that there were 41 500 funded posts. 3 135 positions had been advertised, and 1 745 had been filled. The DCS plan and progress in terms of variance of HR and recruitment was elaborated upon.

DCS had looked at recruiting and retaining the correct numbers and quality of people into the organisation. As a result of a high vacancy rate, there were increased pressures on the current staff members.
Regarding vetting of officials, it was noted that mechanisms had not been previously implemented to vet staff. The total number of clearances issued to the DCS employees since 2007 was only 709. The DCS was looking into capacitating those departments responsible for that vetting.

Promotion and careers development policies and projects had been implemented, as well as skills programmes, and suspension management programmes within the Department.

On the issue of suspensions there were pockets of improvement. There was a problem with managers complying with suspension policy. Suspensions were also not reviewed regularly. Additionally there were delays in finalising investigations and disciplinary hearings. There was a general lack of supervision and capacity in terms of suspension.

Discussion
The Chairperson raised the issue of ‘case managers’ who might not be appropriate to decide on parole.

The Chairperson also wanted to know whether there was a suitable time for suspension in the DCS policy.

The Chairperson also wanted to know whether or not it was illegal to not pay a suspended official until it was decided that the official was innocent and then pay him, or in other ways obtain the money that was currently being paid to suspended officials.

Mr Monyane replied that policies were in place at a national level, informed by labour relation laws, which could not be over-ridden.

The Chairperson noted that sick leave was a problem and wanted further details on what was being done to curb the abuse of that system.

Mr Mbambo noted that as an organisation the DCS was weak in managing employee wellness. The work environment was not normal and often resulted in sick leave abuse.

Ms Ngwenya commented on the length of suspensions and thus ‘acting’ positions.

Mr Cele stated that vetting should not be done through outside bodies. Staff should be trained to vet incoming and current staff.

The Chairperson noted that there was a problem of racism in the Western Cape DCS.

Mr Tolo commented that this was not just a problem in the Western Cape DCS.

Mr Mbambo replied that racism in the DCS was related to other connected issues, namely employment targets, national targets, and so on. This would be dealt with on a holistic basis.

Most issues would be dealt with when the Committee visited the Departmental head office in August.

The Chairperson reminded Members that the Jali Commission would be discussed on the 29th June.

Committee business
Minutes could not be approved because there was no quorum present.

The meeting was adjourned.