Department of Correctional Services: briefing

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
25 February 2003
DEPARTMENT OF CORRECTIONAL SERVICES: BRIEFING

Department Correctional Services Strategic Plan (Transformation)
Department Correctional Services Budget
Green Paper of Department Correctional Services
Overcrowding in Prisons

SUMMARY
The Department of Correctional Services addressed the Committee on a number of issues namely, transformation in the department, the department's strategic plan, the department's budget and the white paper on the Correctional Services Act. This minute will focus discussion on the white paper and a discussion on overcrowding in prisons.

MINUTES
Department of Correctional Services - White Paper
The department consulted with external stakeholders in the drawing up of new policy. The Chairperson asked who these external stakeholders were as he felt that the department representatives that were present were the experts.

Mr. R Zondo (ANC) commended the task team for the work they had done and for the major issues identified the drafting of the policy. He expressed his willingness to work with the team.

Mr. F van Deventer (NNP) felt that the committee should put something on the table before the task team before outsiders were brought in to write the policy.

Ms. S Rwexana (ANC) asked when the committee would discuss the draft paper.

Commissioner Mti, from the department, ensured that that there would be a draft document. He explained that they could not put timeframes to the drafting of the policy. He felt that there had to be interaction with the Minister and members of the committee as far as the terms of reference were concerned.

The chair reiterated that the department was the expert and that he wanted them to write the policy and not outsiders. He urged the department to make this a matter of urgency.

Mr. S Mlombile, the Chief Deputy Commissioner:Corporate Services, said that the this draft policy would be proposed at the next National Management Board meeting. The Minister was eager to engage the committee on this. The essence of the bill needed to be communicated. The role of government, community and family should be made clear and the nation needed to be educated about correction which was the essence of the draft bill. He added that the Correctional services was the last in the chain after the police and justice and that they should also give input.

Ms. J Schreiner, Chief Deputy Commissionr:Functional Services, said that they could make available the gap analysis which was done between the constitution and the Correction Services Act. She stated that there was a project plan in place. In response to the chair's question about outsiders, she said that the department would only consult with consultants that they had a relationship with. She added that the department would employ one person who would assist with the drafting process.

Mr. A Maziya (ANC) noted that consultation seemed to be repeated and asked if that was necessary as it caused delay.

The chairperson stated that the department must make the draft available. He was pleased that the department had followed a thorough, consultative and democratic process. He stressed that the committee was there to be consulted as this was their job. He added that there needed no more than four committee members to join the task team. He would meet with the Minister and suggest that himself, Mr. Van Deventer and Ms. Seaton be those to join the task team.

Overcrowding in Prisons
Ms. J Schreiner briefed the committee on overcrowding in prisons. Please refer to Powerpoint presentation. Overcrowding was an issue that Justice, Crime prevention and Security had to handle. A joint task team had been set up by these departments to look into this problem. A study had shown that the marked increase in numbers was not as a result of the increased intake of prisoners. The research had shown that the problem was the length of sentences given and the backlog at courts.

Mr. A Maziya (ANC) referred to the huge numbers of awaiting trial prisoners and said that many of these had bail less than R500. He said that this meant that the crimes were not too serious and therefore something needed to be done. He felt that there was too much wasting of time and that not enough consultation was taking place. No other department had the pressure that the DCS had and that they had to sort it out.

Mr. M Dyani (ANC) said that it was propaganda to say that the prisons had only started to be overcrowded after 1994. He said this was always a problem. The need was only seen now as there was more transparency now. He added that the problem was social and economic. He felt that poverty and unemployment first had to be solved. He corrected Mr. Maziya and explained that the size of the bail was not connected to the size of the crime but rather to the means.

Mr. L Diale (ANC) said that the power was in the committee's hands and that a political solution needed to be found. He added that he had two sons in prison and that the one had been sentenced after spending five years awaiting trial. The other had been in prison for six years without a sentence for a minor crime. He added that the case kept being postponed. He made an impassioned plea to the committee to take a decisive decision together with the other relevant committees as they were dealing with people's lives.

Ms. Rwexana (ANC) also referred to awaiting trial prisoners and said that the discussion had to be taken beyond the committee. An integrated approach was needed with NGOs, CPOs and families. She said that the awaiting trial prisoners were rehabilitated. She said that many minor crimes was ignored and this leds to bigger problems down the line.

The Chairperson said that these were very serious issues, but that there were solutions. He added that he had been shocked to hear about Mr. Diale's son. He felt that the cluster, the ANC, the government must deal with the problem. He stressed that the policy gap had to be filled. He said that the committee would be mobilised to play its role. He inquired of the department what the role of the judicial inspectorate played.

Ms. J Schreiner explained that the inspecting judge, Judge Fagan, had highlighted overcrowding as a management problem. She pointed out that he had responded to complaints he had received and had looked at causes and solutions. He had focused on awaiting trial prisoners and had pointed out that 50% of these prisoners could not afford their bail. He had highlighted plea bargaining as a solution to the problem.

The chair stated that he thought the inspectorate looked after the interests of the prisoners. He pointed out that corruption had been part of their mandate but that it had been removed. It was his opinion that Justice Fagan was not doing his work as he had been given 60 days but there still had not been progress.

Mr. van Deventer felt that there was no power in the hands of the commission to handle corruption. He felt that corruption had to be done by people who investigated fraud and corruption. He suggested that this should be included in the white paper.

The chairperson concluded that this had not been a decision making meeting, but rather a common approach had been achieved. He would try to have a meeting with the Minister and the clusters to discuss overcrowding.