Anti-Corruption Strategy and New Insignia

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
5 November 2002
ANTI-CORRUPTION STRATEGY AND NEW INSIGNIA
 

Presentation on Anti-Corruption Strategy
Presentation on Correctional Services Regulations
Department Insignia

Chairperson: Mr D.V Bloem (ANC) (Acting)

SUMMARY
The Committee was informed that the Department of Correctional Services has mooted a three pronged anti-corruption strategy. The strategy involved prevention, investigation and sanctions. In the sphere of prevention, the Department has put in place management tasks that would ensure zero tolerance for corrupt practices. A corruption hotline for utilisation by both members and offenders and internal investigation mechanisms had been set up. The DSC is already in the process of implementing the recommendations of the Jali Commission. The Committee was also introduced to the new insignia for the Department.

MINUTES
The Department of Correctional Services (DCS) commenced their presentation on the on-going anti-corruption initiative and the Department's new insignia. DCS was represented by Ms Moodley and Mr Tshivase.

Briefing on Good Governance
Ms Moodley (Department) informed the Committee that the Department was committed to creating a culture of good governance and promoting corruption prevention. She noted that the DCS was in need of multi-dimensional anti-corruption strategy which process called for a co-ordinated anti-corruption initiative.

The DSC has mooted a three pronged anti-corruption strategy, which involved prevention, investigation and sanctions. In the sphere of prevention, the DSC has put in place management tasks that would ensure that there was a zero tolerance for corrupt practices. This involved the investigation and prosecution of those involved in crime and corruption but a long-term solution would entail proactive and tight management with integrity at its core. The DSC was in the process of crafting terms of reference for audit processes that would be aimed at ensuring the DCS personnel in the anti-corruption unit are involved in this process.

Ms Moodley noted that this measure would ensure that the DCS personnel are consciously skilled during this process. Recently the Minister embarked on an anti-corruption drive whereby he went on road shows to all nine provinces including the head office. This initiative was meant to promote anti-corruption awareness and to send a clear message that the DSC was committed to addressing corrupt officials. The DSC had established a corruption hotline for the utilisation by both members and offenders and that internal investigation mechanisms had been set up.

The Jali Commission was appointed on 8 August 2001 and its terms of reference were to inquire into, to report and make recommendations on four specific matters. The Commission was mandated to look into alleged incidents of corruption, incidents of non-adherence to policy, violence and intimidation, and the extent of implementation of previous recommendations of investigations.

The Minister approached the Minister of Justice for an investigation to be undertaken by SIU into corruption and maladministration in the DCS. The investigation was being carried out through the secondment of experienced forensic investigators from the SIU and joint DSC/SIU. It is expected that the capacity of the DCS Anti-Corruption Unit would be built during the SIU investigations with the possibility of taking over some of the investigators by the DCS. The funding for the SIU is through financial agreement between the DSC and SIU.

Ms Moodley pointed out that the DCS, the Jali Commission and the SIU were committed to entering a memorandum of understanding on co-operation and modus operandi but this agreement is still being processed. On the issue of sanctions, the DSC was already in the process of implementing the recommendations of the Jali Commission. Disciplinary hearings commenced on 16 October 2002 and charges relate to drug dealing, use of alcohol, extortion and corruption.

Pzeople from outside the Department were incorporated in the disciplinary hearing as recommended by the Commission. She said that the Department had also embarked on a program of training core managers as initiators and Chairpersons. She concluded that the Department had responded to repeated concerns on the leniency of the Disciplinary Code and that the same would be revisited with a view to make it more full-proof.

Briefing on Department insignia
Mr Tshivhase informed the Committee that the demilitarisation of the DCS and the shift from uniform and insignia has been conflated. He said that there was a need within a security department for clear lines of authority and that the introduction of the insignia would clearly indicate functions and authority. He explained further that there was need for a corporate identity to weld the DCS into a single entity since a uniform was a component of organisational identity.

Mr Tshivhase noted that the new uniform would identify those statutorily responsible for purposes of the correctional system as opposed to awaiting trial detainees, members of the public, CBOs, NGOs. He explained that the presentation to the Minister was complete and that after the presentation to the Committee, the Minister would present it to the Cabinet Committee which would refer it to Cabinet for final approval.

DiscussionMs Seaton (IFP) asked why people from outside the Department were involved in the disciplinary hearings.

Ms Moodley replied that it was one of the recommendations of the Jali Commission that people from outside the Department be incorporated in the disciplinary panels to ensure transparency and objectivity.

Mr Zondo (ANC) raised concern that the term 'prisoners' was still being used even when the Department had been advised not to use it.

Ms Moodley acknowledged this concern and assured the Committee that the Department is doing its best to refer to prisoners as 'offenders' but that there were cases where this usage was impracticable since the latter terminology was much wider than the former.

Mr Zondo raised the issue of the recent disturbing report to the effect that the wife of a prisoner fell pregnant while the husband was still in custody yet the child is alleged to be his.

Ms Moodley replied that this is a recent case that is currently under investigation and that those found to have been negligent or corrupt would be dealt with accordingly. A report would be made to the Committee in due course.

Mr Diale (ANC) referred to the Minister's road-show campaign and wanted to know which areas he covered and whether the visit extended to rural areas.

Ms Moodley explained that the Minister's initiative was targeted to reach as many stakeholders as possible and that area managers from all the provinces were represented alongside the provincial commissioners. A team has been appointed to compile the report of the road-show, which findings would be implemented accordingly.

Mr Diale wanted to know whether managers within the DCS were member or still are members of POPCRU.

Mr Tshivhase replied in the affirmative that some of the managers were indeed past members of POPCRU but that he was not in a position to tell who were still members.

The Chair wondered whether this was not a case of conflict of interest since such a manager would not be inspected to be impartial in cases affecting one of their union members.

Mr Paxton (legal advisor) explained that in terms of the Labour Relations Act these people are allowed to maintain such membership.

Ms Ngaleka (ANC) observed that parents would like to portray prison to the their children as a bad place for one to be yet the Department is making efforts to make it look like a comfortable zone. She wondered whether this was not a contradiction in terms.

Ms Moodley concurred that indeed it was a contradiction in terms but that the Department had a constitutional mandate to make prison a home for prisoners.

Ms Ngaleka asked whether the Department was satisfied with the work of the Jali Commission at Grootvlei and whether the Commission received full and unreserved co-operation from the Department.

Ms Moodley replied that the Department was indeed happy with the Commission's work and that is why it is in the process of implementing all the recommendations it has made. She pointed out that save for the infringement of procedures that was noted at Grootvei in the shooting of the video footage, the Department has not in any way questioned the propriety of the Jali Commission. The Commission enjoys full co-operation from the Department.

Mr Fihla (ANC) observed that corruption is a critical issue, which tends to obstruct transformation in prisons and that the Department must rise up to the challenge to eradicate it once and for all. He commended the Department for restricting the practice of in-mates receiving and handling cash noting that this is the conduit pipe for corrupt practices. He lamented the fact that there was a tendency among unions to only look at their own interests and turn a blind eye to the overriding communal interests. The Department needs to continually engage the union on this aspect.

Mr Moodley concurred with Mr Fihla that it was an error on the part of the Department to have allowed money to flow to the in-mates in an unrestricted fashion. She assured the Committee that this error has fully been rectified.

Mr Tshivhase said the Department was committed to build a healthy relationship with the unions in order to cultivate a common understanding on the critical issue of transformation.

The Chair noted that senior staff in the Department had been implicated in impropriety and wondered who would foresee the establishment of the anti-corruption units.

Ms Moodley explained that the anti-corruption drive is driven by and foreseen by the National Commissioner's officer and that people from outside the Department would be involved.

Mr Durand (NNP) said that the Department had moved away from demilitarisation and yet it seems it is going back to the same outfit. He wondered whether this would be a healthy environment for rehabilitating prisoners.

Mr Fihla pointed out that the decision to demilitarise the Department was rather radical and that in the face of the deterioration of discipline it was one good measure to re-instil the values of integrity in the system. He explained that the insignia brings to the fore visible signs of seniority, which is necessary to ensure orders are given and taken without question.

Mr Zondo concurred that uniforms would help bring order and discipline to the Department. He then wanted to know the companys the Department had contracted to supply the uniforms and whether equity issues were adhered to.

Mr Tshivhase replied in the affirmative and explained that various companies had been contracted and that R190 million of the budget had gone to the previously disadvantaged communities. He assured the Committee that the Department was not going back to the era of demilitarisation but that the insignia was essentially for identity and organisation. He assured the Committee that all stakeholders would be informed of the new development and apprised accordingly.

The meeting was adjourned.