Cameron Report on Pollsmoor Correctional Centre: Department of Correctional Services progress report

Meeting report

Opening remarks
Mr G Michalakis (DA – Free State) proposed a motion on behalf of the opposition of no confidence in the Chairperson.

Ms B Engelbrecht (DA - Gauteng) seconded the motion.

The Chairperson asked which rule Mr G Michalakis was acting in accordance with and stated that they needed clarity on the process. 

Mr Michalakis replied that the rules did make for provision for such a motion but were silent on the exact process. He suggested that the Committee first adopt the point, adding it to the agenda and then request advice from the content advisor regarding the process moving forward.

Mr J Mthethwa (ANC – KwaZulu-Natal) seconded the Chairperson’s motion to first get advice on the matter and not to add the motion to the agenda yet.

The Chairperson adjourned the meeting for five minutes to consult with legal advisors to get clarity on how to proceed regarding the motion of no confidence.

After the break the Chairperson apologised for the break lasting more than the five allocated minutes and said that if the opposition wished to propose such a motion they should do so in writing to the Chair of the NCOP. The meeting would proceed with the agenda of the day and the motion would not be dealt with.

Mr Michalakis pointed out that they were still in the process of adopting the agenda for the day and suggested that they add the motion to the agenda as the first agenda point because it would not take up much time and then proceed with the meeting. He apologised to the delegates from the Department of Correctional Services for delaying their presentation.

The Chairperson reiterated that if Mr Michalakis wished to add something to the agenda he would have to go via the chairperson of the NCOP and therefore they could not add Mr G Michalakis’ motion to the agenda.

Mr Michalakis interjected on a point of order stating that it was unreasonable to expect Members to go to the chairperson of the NCOP for every single amendment of the agenda. He further pointed out that according to the rules there was provision for the removal of a presiding officer. Rule 14 of the NCOP rules dealt with the removal of presiding officers and the only two requirements were the preparation of a draft resolution which he had already drafted and the support of 3 other provinces. If the Chairperson insisted on proceeding, he warned that he would take the matter up with the chairperson of the NCOP and explained that the opposition intended to send the governing party a clear message with this motion. Namely that it was unacceptable to accept taxpayers’ money and then not attend meetings you are paid to attend. If the ANC wished to govern they should do so and if they were unable to they should step aside.

The Chairperson replied that Mr Michalakis had the right to take his motion to the chairperson of the NCOP and that the ANC had the right to govern and would do so until Jesus comes because the people of South Africa chose the ANC.

Ms T Mokwele (EFF -North West) requested that the chairperson withdraw his comment about Jesus because it was inappropriate.

The Chairperson withdrew his comment and asked if the Committee was ready to adopt the agenda.

Ms Engelbrecht said she could not accept the agenda in light of the fact that the Chairperson had refused to accept the motion of no confidence and she moved against accepting the agenda for the meeting.

The agenda was adopted.

Department of Correctional Services response to Justice Cameron’s report on Pollsmoor
Mr James Smalberger, Acting National Commissioner for the Department of Correctional Services apologised on behalf of the National Commissioner Mr Zach Molise who was not present due to a back operation from which he had not yet fully recovered; inspecting judge Johan Van der Westhuizen and Acting CEO of the inspecting judges’ office Mr Masondo, who were unable to attend. He then introduced the delegation from the Department of Correctional Services as follows:  

Mr Delekile Klaas, Regional Commissioner for the Western Cape

• Mr Gunumsi Ntlakana, Chief Security Officer
• Mr Sifiso Mdakane, Deputy Commissioner responsible for Facilities
• Ms Andronica Mabunda, Assistant and Secretary for the Parliamentary Office
• Mr Joe Katanga, Chief Deputy Commissioner responsible for Strategic Management
• Mr Raga Umesh, Acting Director for the Judicial Inspectorate for Correctional Services
• Mr Umesh then introduced his colleges as follows:
• Mr Rapoole Mohlaba, Head of Department of Deaths and Mandatory Reports
• Ms Ganesha Tobias, Complaints Division
• Ms Samantha Naidoo, Policy and Research

Mr Smalberger explained that Correctional Services did not have the option of turning people away, they had to admit sentenced and awaiting trial prisoners. Most of the facilities were built during the apartheid era to function on a warehouse principle and contain people, not correct offending behaviour. Post-apartheid, the department now had multiple functions including safe custody, rehabilitation and reintegration. The mandate had changed but there had not been enough upgrades to the facilities. The facilities were dilapidated and some even had temporary structures. The main concerns of the Department were the status of the correctional service facilities, infrastructure and maintenance as well as the problem of overcrowding in the facilities. Overcrowding was putting immense pressure on the Department. There was bed space for 119134 people but there were 160094 people in custody. There were currently 34% more inmates than beds. If the Department of Correctional Services was only responsible for sentenced offenders overcrowding would not be as much of an issue but it was also responsible for remand detainees.

The Judicial Inspectorate for Correctional Services Presentation on Pollsmoor
Mr Umesh presenting for the Judicial Inspectorate of Correctional Services (JICS) explained the role and functions of JICS. JICS was funded by the Department but functioned independently under the control of the judge. The object was to inspect prisons and report on what was found. JICS also reported on the treatment of prisoners, conditions inside the facilities and dealt with complaints by the inmates. In each prison there were Independent Correctional Centre Visitors who were people on the ground acting as the eyes and ears of JICS. They also facilitated community involvement in correctional matters serving as a bridge between the inside and outside.

The Correctional Services Act also made it mandatory to report all deaths in prison, segregation, mechanical restraint of prisoners and use of force. JICS was a reporting body with no binding powers but they could conciliate, mediate and suggest plans of action. Overpopulation was the norm in these facilities and the ratio of inmate to official was wide. The Correctional Services Act was recently amended and provision 49(G) was designed to decrease the number of remand detainees in an attempt to combat overpopulation in prisons.

Ms Mokwele requested that Mr Umesh stop presenting general information and proceed to the core of the presentation because of time constraints.

Mr Umesh proceeded to deal with Pollsmoor more specifically. He stated that JICS was aware that the situation at the Pollsmoor correctional facility was intolerable. When the facility was inspected in June 2015 it was found that hot water was not regularly available, there was insufficient bed space, meals were not up to scratch and hygiene levels were undesirable, specifically in units C D and E. The recommendation made then was to urgently improve levels of overcrowding and bad conditions in the facility. At the last inspection on 21 January 2016 it was noted that there had been an improvement. Walls were painted, dirt in the corridors were cleaned but overcrowding was still a problem. Complaints by inmates had decreased and there was a decrease in the number of assaults by officials reported by inmates. He concluded that the situation in Pollsmoor was still a national crisis and national decisions must be made. He suggested that the Committee visit the prison.

The chairperson thanked Mr Umesh and suggested that the Department of correctional services present immediate after JICS so that the committee could compare notes before visiting the prison.

Department of correctional Services presentation on Pollsmoor
Mr Delekile Klaas, presented the national breakdown of the offender population noting that in the Western Cape there were roughly 30 000 offenders and that overcrowding was the largest issue the Department faced. Overcrowding affected the maintenance and conditions of the buildings because the facilities were overused and put under immense pressure. He pointed out that the problems in Pollsmoor were the same as those facing prisons in other provinces. Gangsterism was also a huge problem and affected the officials’ ability to do their job. Gangs on the outside had direct links to members on the inside and this made the situation more complex. To combat this, the Department tried to separate gang members from non-gang members.

Discussion
Mr Michalakis pointed out that the fact that the number of complaints by inmates regarding assaults by officials has decreased did not necessarily mean that the actual number of assaults had decreased. If the outbreak of disease at Pollsmoor was not surprising to the JICS it would not have been surprising to the Department of Correctional Services because it was foreseeable. The Department was dodging the fact that their facilities were filthy; it was dealing with South African citizens and essentially putting their lives in danger. If a prisoner died in prison due to unnatural causes, who was ultimately responsible for his death? The report was insufficient; there was no clear plan or any sense of urgency. He suggested that once the Committee has done its oversight it arrange a meeting with the Minister and Deputy Minister to ask for clear plans and deadlines.

Ms Mokwele pointed out that this problem was widespread and not unique to Pollsmoor. It was also the case at other smaller facilities. In both presentations the focus was on the conditions of inmates which side-lined the fact that officials inside the facility were also under immense pressure. Shortage of staff was a problem. Government was also failing those who were expected to take care of the dangerous people inside the facilities because they were insufficiently prepared and equipped. This matter needed political intervention. Officials could not act on their own.
She suggested that the meeting be adjourned so that the Committee could prepare and engage with the matter in order to properly instruct the Department and officials on how to proceed.

Ms G Manopole (ANC- Northern Cape) explained that she appreciated the reports and presentations form the delegates but due to time constraints it would be best that the Committee first do their oversight and take time to engage with the matter before reconvening.

Mr Mthethwa supported Ms Monopole’s suggestion also requesting time to assess the situation and to reconvene at a later date.

The Chairperson agreed, the Committee would do an oversight visit and then reconvene and engage with the necessary interested parties in order to find the way forward.

The meeting was adjourned.