Jali Commission: briefing

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
20 August 2002
JALI COMMISSION: BRIEFING

Documents handed out:
 

The Jali Commission Report

Chairperson: Mr. Mashimbye (ANC)

SUMMARY
The Jali Commission informed the Committee that their investigation into various prisons has unearthed many cases of malpractice. There was confirmation of widespread irregularities involving prisoners leaving the premises illegally, nepotism, drug trafficking, irregular appointments of personnel, and massive medical aid fraud.

Other malpractice found in this prison, was extortion, fraudulent educational qualifications, and abuse of parole procedure, abuse of disciplinary enquiries and appeal procedures and abuse of sentence and remissions and conversion procedures. Commission had recommended swift and immediate action to be taken against those members found guilty of improper conduct in its interim report.

Briefing by Judge Thabani Jali
Judge Jali Commission informed the Committee that the President following numerous allegations of corruption, maladministration, nepotism, intimidation and other improper conduct in some of the big management areas of the Department had appointed the present Commission.

The judge explained that the commission's terms of reference as set out in the proclamation was, among other things, to inquire into the report on the alleged incidents of corruption and maladministration and alleged incidents of non-adherence to departmental policy and deviation from national norms and standards. Commission was obligated to make recommendations as to steps that could be taken in order to prevent the future occurrence of such incidents and steps to be taken against employees implicated in the aforesaid impropriety.

The Judge pointed out that prisons, which the commission had so far visited, were, Westville prison in Durban, Pietermaritzburg New prison and Grootvlei prison in Bloemfontein.

Judge Jali informed the Committee that at Durban Westville prisons there was confirmation of widespread irregularities involving prisoners leaving the premises illegally, nepotism, drug trafficking, irregular appointments of personnel, massive medical aid fraud involving millions of Rands. Other malpractice found in this prison, was extortion, fraudulent educational qualifications, and abuse of parole procedure, abuse of disciplinary enquiries and appeal procedures and abuse of the sentence and remissions & conversion procedures.

The Judge pointed out that after the Durban Westville seating, it became clear to the commission that the area of procurement of goods and services by the Department would have to be investigated by forensic auditors. He noted further that it became necessary for swift and immediate action to be taken against those members found guilty of improper conduct since publication of the report could jeopardise prosecutions.

Judge Jali informed the Committee that the accounting firm of Manase & Associates undertook and had completed investigations at the Department's Head Office, the Provincial office of KZN as well as at the Westville Management Area. He continued that evidence was found to the effect that prison staff in the logistics department were manipulating quotations received to favour selected funeral parlours and that certain staff were found to be acting improperly in the authorising and payment of orders to certain pharmaceutical suppliers.

The Judge informed the Committee that further investigations were presently underway and that all evidence contained in the report from auditors and any further evidence that may come to light would be led before the commission. He explained that this evidence is likely to recommend that civil and criminal prosecutions be instituted against any parties found to be guilty of improper conduct.

The judge submitted that due to widespread publicity received regarding serious allegations against individuals still employed by the Department, the Commission decided to depart from custom and publish interim reports of its findings. He explained that the interim reports were intended to protect the integrity of the Department's Disciplinary Policy by allowing action to be taken against guilty individuals immediately rather than wait for the publication of the final report.

The Judge continued that at the Pietermaritzburg New Prison, it became apparent to the Commission that this facility was faced with a completely different set of dynamics and problems although some areas of misconduct witnessed at the Westville prison also featured albeit to a lesser degree. The Judge pointed out that political intrigue, trade unionism, intimidation, violence and even allegations of assignations of opponents dominated evidence that was presented.

Judge Jali informed the Committee that with the discovery of the videocassette made by the four Grootvlei prisoners, the Commission was obliged, at short notice, to relocate to Bloemfontien to hear evidence relating to the improper conduct of warders as reflected on the videotape.

The Judge said that the shocking video evidence was not disproved by any of those warders implicated and served only to confirm what everyone could see on the videotape. He said further that the tape revealed widespread drug trafficking by warders, sale of prison food and other state goods and serious drug and alcohol abuse within the prison. It also unveiled the sale of firearms by a warder, sale of young prisoners for sex with elder prisoners, a sodomy ring involving juvenile prisoners and nepotistic appointments. Other malpractice unearthed was a complete disregard for the Department's regulations, which barred members from taking up other remunerative appointments without departmental permission and a tenuous distinction between management and unions.

The Judge noted that due to the extensive public interest generated by the Grootvlei video, the Commission released a memorandum of its findings to enable the Department to immediately institute disciplinary action against the guilty parties. He added that a more comprehensive report of the Commission's findings on Grootvlei prison would be completed by end of September 2002.

Judge Jali pointed out that the Commission is presently hearing evidence at the Port Elizabeth High Court relating to allegations of corruption and misconduct at the St Albans Prison situated south of Port Elizabeth. He added that after this prison, the Commission would move to Pollsmoor Prison in Cape Town and that in the New Year the Commission would shift its attention to the Gauteng Province.

Commission was initially funded to the tune of R5.8 million by the Department of Correctional Services but that this amount was revised upward to R10.5 million. He pointed out that this budget would again be revised in view of the expanded operations of the Commission.

Judge Jali concluded his presentation by noting that the challenges and difficulties facing the Department has become a matter of national interest. He submitted that the public debate and discussion surrounding the matter if properly managed allows the Department an opportunity to implement a comprehensive programme of action to address these problems. He noted that the investigations have however been far more extensive and time consuming than initially estimated adding that it has become patently clear that these investigation may take longer than initially anticipated.

Discussion
The Chair said the Committee would arrange a meeting with the Department as a follow-up on this presentation.

Ms Sosibo (ANC) asked if the Commission had recommended that outside agencies be involved in the disciplinary hearings of the Department.

Judge Jali replied in the affirmative. He said that the Commission has made the recommendation but that it was unlikely that it this would be acceptable to the Department.

Mr. Swart (ACDP) commended the Commission for what he called a superb job. He said the Committee did not share the same concerns with the Commission and said that it looked like this was a national crisis facing the country. He noted that there were very serious cases of corruption that border on criminality and asked if there would be criminal prosecutions apart from internal disciplinary hearings.

The Judge replied in the affirmative. He clarified that the Commission had recommended that criminal prosecution run concurrently with departmental disciplinary hearings. He pointed out that the KZN's office of the DPP has already swung in action and that some serious cases of corruption were being investigated by the AFU.

An IFP member remarked that it seemed that the departmental management systems had completely broken down and wondered when exactly things started going awry.

Judge Jali replied that indeed it was part of the Commission's mandate to investigate and pinpoint precisely where systems started breaking down.

An IFP member inquired why recommendations by previous Commissions were not implemented.

Judge Jali, again pointed out that it was the Commission's mandate to establish why previous recommendations were never implemented.

Mr. Van Deventer (NNP) expressed his satisfaction at the expanded terms of reference for the Commission. He then asked what role, if at all, POPCRU was playing in the destabilisation of prison management machinery.

Judge Jali replied that there was no evidence before him that POPCRU was playing a destabilising role in the prison's management. He clarified that some members of POPCRU may be involved in unwholesome activities but that this had not been shown to be POPCRU's policy.

Mr. Fihla (ANC) explained that the endemic rot in the prisons is a world-wide problem that stems mainly from society itself which has demonised prisoners. He expressed concurrence with the Commission's standpoint that an outside agency be involved in the monitoring process. He underscored the importance of implementing restorative justice and not retributive one.

Judge Jali agreed that prison problems were indeed a world-wide phenomenon. South Africa is a society in transformation and that it was the responsibility of everyone to get involved in searching for a proper justice system

Mr. Rosin (ANC) pointed out that not all members of the Department were corrupt and that there were very dedicated men and women in the department who were devoted to making a difference in spite of the difficult circumstances in which they work. He blamed irregularities to the obsolete technology used in the tendering system. He also faulted the Commission's terms of reference, which he said were too restrictive by confining the Commission to making findings and recommendation instead of going a step further to take action against the culpable culprits.

Mr. Bloem (ANC) commended the Commission for the good work it was undertaking and urged it to be ruthless with corrupt elements. Was there no duplication of duties between the Commission and the ongoing AFU investigation?

Judge Jali replied that the forensic experts were appointed in April and that the Commission was still waiting for clarification from the AFU on what program it had regarding the criminal prosecutions.

The Chair pointed out that there were a lot of good things happening in the Commission's public forum hearings but questioned the ability of the Commission to get to the bottom of things in view of the sensational reports coming from media houses.

The Judge replied that public hearings had been a matter of grave concern to the Commission. He however clarified that under the Commissions Act such hearings must be conducted in open court unless there was a clear basis to retreat in camera. He explained that the reason this was so was that it was important to test the veracity of testimony so tendered in open court.

The Chair asked if the Commission was comfortable with the relationship it has with the Department at present.

The Judge replied that he was happy with the cordial relation subsisting between the Commission and the Department.

The Chair asked if the Commission had enough investigative capacity to effectively carry out its legal mandate.

The Judge admitted that the Commission was severely under-staffed in terms of capacity to carry out investigations. His office had approached the office of the public protector to second investigators but there is scarcity of resources. He explained that the handicap of personnel was the reason why the Commission chose to out-source some of the investigative services.

The Chair begged to defer with members and the Commission's position on inviting outsiders to conduct disciplinary hearing within the Department.

Judge Jali explained that the reason for a call for outside involvement was necessitated by the sheer lack of training among the departmental cadres to carry out this function. He pointed out that the Commission had offered to train these officers after its work provided there was time to do so but noted that while training was taking place disciplinary matters must be carried forward. He drew parallels with the military, which made provision for serving judges to preside over court martial hearings and that the system here was very efficient.

The Chair expressed his disgust that there were incidences where one man constituted the parole board. He said this was a mockery of the very spirit for which the parole facility was created.

Judge Jali agreed with the Chair and pointed out that there were 20 appeals pending in court against the parole board's decision which was clear testimony to the incompetence attending this tribunal. He said that the Commission was in the process of receiving evidence on the operations of the parole board.

Meeting was adjourned.