Office of the Inspecting Judge: Annual Report

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
10 June 2003
OFFICE OF THE INSPECTING JUDGE OF PRISONS ANNUAL REPORT: BRIEFING
 

Chair:

Categories of Complaints: General Circular
Law Society of South Africa (LSSA): Prisons Report

Chairperson: http://judicialinsp.dcs.gov.za/Mr JN Mashimbye (ANC)

SUMMARY
Judge J J Fagan concluded his briefing on the Annual Report of the Office of the Inspecting Judge of Prisons. He focused on the serious problem of overcrowding in prisons, saying that South Africa has one of the highest per capita prison populations in the world. Affordable bail conditions for awaiting-trial prisoners and changes to the way children are processed through the criminal justice system could help to address the crisis in the longer term. A general amnesty for awaiting-trial prisoners whose bail conditions allow for flexibility in the bail amount set would relieve prison congestion in the short-term.
 

MINUTES
Inspecting Judge J J Fagan
Judge Fagan referred to an earlier allegation made by Mr R Zondo (ANC) that the Annual Report had been leaked to the press. He assured members that his office was scrupulous in handling confidential documents. A copy of the Report had been sent to the President and another to the Minister prior to the Report being tabled before Parliament on the 23 September 2002. The media had probably obtained copies from the House.

Judge Fagan said that never before in the history of South Africa had the prison population been so huge. He appealed to members to urgently explore ways of addressing the problem of over-crowding, which had reached near-boiling-point. The Law Society had recently sent representatives to visit twelve prisons and their report had painted a grim picture of prison conditions. The Society had called for urgent steps to redress what they termed as the inhuman conditions prevailing.

Judge Fagan emphasised that South Africa did not need more prisons. South Africa was among countries with the highest prison numbers per population in the world. Instead, what was urgently needed was a change in the approach generally taken by magistrates towards affordable bail conditions. There were too many awaiting-trial prisoners who could be out on bail, while police often arrested people unnecessarily.

Discussion
The Chair asked the Judge to send a copy of the Annual Report to his office as well as to the Minister, promising that it would remain strictly confidential until tabled in Parliament.

Mr F van Deventer (NNP) asked whether South Africa was amongst countries with the highest numbers of sentenced or awaiting-trial prisoners in the world.

Judge Fagan explained that the statistics concerned included pre-trial, un-sentenced and sentenced prisoners. He commented that money spent on facilities for detaining awaiting-trial prisoners would be better spent on social, health, education and other services.

The Chair asked for Judge Fagan's comments on a possible way forward.

Judge Fagan replied that a general amnesty for awaiting-trial prisoners, especially those who could not afford bail, would help. However, this was not a long-term solution.

Mr J Durand (NNP) commented that this might present problems in the case of awaiting-trial prisoners accused of committing fairly serious crimes.

The Judge replied that the category of prisoners to which he was referring was those whose bail conditions allowed for flexibility in respect of the amount of bail set.

Mr Van Deventer said that the government departments concerned should stop shifting blame for prison overcrowding from one to another.

Judge Fagan replied that his office would welcome these departments working together on the issue of awaiting-trial prisoners.

Mr D Bloem (ANC) said that steps needed to be taken to address the cause of crime. A general amnesty would not solve the problem, since the prisons would soon be full of new awaiting-trial prisoners. Amnesty should only be granted to the sick, the aged and to prisoners under the age of eighteen.

Judge Fagan agreed that a general amnesty should not be seen as a long-term solution, but rather as an intervention to deal with the current crisis. When promulgated, the Child Justice Bill, seeking to change the way children are processed through the criminal justice system, would go some way towards arriving at a longer-term solution.

The Chair observed that amnesty was a presidential prerogative that had been exercised before. In the face of the current congestion crisis it was a proposal that needed to be considered and, if approved by Cabinet, properly planned so that only the most deserving cases benefited.

Judge Fagan referred to concerns raised during the previous meeting. On the issue of corruption in prisons, he suggested that the Jali Commission should be given time to finalise its report, which would include recommendations on how this should be handled. The Annual Report addressed issues of transformation, expenditure on prison inspections and other matters of governance.

Mr Van Deventer wanted to know whether Judge Fagan was comfortable with the powers vested in him as Inspecting Judge and whether these powers were sufficient.

Judge Fagan replied that, for the most part, the powers vested in the Office of the Inspecting Judge had been adequate. The prestige associated with the Office tended to help.

Mr Bloem observed that the Office should not have to rely on prestige. It had been given far-reaching powers to inspect correctional services and custodial facilities.

The Chair pointed out that awaiting-trail prisoners do not fall under the jurisdiction of Correctional Services. This policy issue required urgent attention.

A member suggested that the best way to deal with the shifting of blame between departments was to form a cluster on over-crowding which would address the crisis in a co-ordinated manner.

Judge Fagan said that a cluster bringing together the South African Police Services (SAPS), the Department of Social Development and the Department of Justice had already been formed with this in mind.

The Chair said that the Department of Correctional Services had questioned the source of statistics in the Report on HIV/Aids prevalence in prisons.

Judge Fagan replied that there were no such statistics in the Annual Report.

The meeting was adjourned.