Progress Report with Regard to Overcrowding and the Current Situation in Prisons
Correctional Services
16 September 2003
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Meeting report
CORRECTIONAL SERVICES PORTFOLIO COMMITTEE PROGRESS REPORT WITH REGARD TO OVERCROWDING AND THE CURRENT SITUATION IN PRISONS
16 September 2003
Chairperson: Mr J Mashimbye
Documents handed out:
Portfolio Committee on Correctional Services Update since 2003-06-10
Office of the Inspecting Judge: Annual Report 2002/2003 Prisons & Prisoners
SUMMARY
The Inspecting Judge of Prisons briefed the Committee on current conditions in prisons with regard to overcrowding, and suggested that alternatives to incarceration should be investigated. The Committee discussed reasons for the escalation in the crime rate; complaints by prisoners of poor food; the early release of terminally ill prisoners and the responsibility for children in prisoners.
MINUTES
The briefing by Judge Fagan (Inspecting Judge of Prisons) was at the request of the Department of Correctional Services. A study revealed that 60% of the prison population were aged under 30 years. Unemployment was an important factor that contributed to the escalating crime rate, especially among the youth. Since 1 September 2003, over 7 000 non-violent offenders had been released on early parole. The judge said that alternative sentences rather than incarceration should be devised so that overcrowding in prisons could be reduced. He posed the following question: "Should we not invest more in job creation than in more incarceration?"
Discussion
The Chair thanked Judge Fagan for an informative presentation and the Committee agreed that they appreciated that "he spoke his mind".
Ms S Seaton (DA) said that the judicial bodies should be very careful when they released prisoners on early parole because the public was concerned about community social welfare.
Judge Fagan replied that programmes should be developed to prepare communities for the release of prisoners. Public perceptions were a problem and should be addressed.
Ms Seaton said there were not effective sentences for some crimes and that the reinstatement of the death sentence could be an option.
The judge agreed that alternative sentences should be investigated but made no comment on the implementation of the death sentence.
Ms E Ngaleka (ANC) referred to the statistic that 60% of the convicted prisoners were aged under 30 years, and this was largely due to unemployment. Ms Ngaleka said that one could not always blame poverty because some criminals came from stable economic backgrounds.
Mr M Dyani (ANC) thought the judge meant that unemployment was the leading factor leading to crime-related incidents.
Ms Ngaleka asked who had instigated complaints about food in prisons.
Judge Fagan said that he had no official report of complaints but that his staff would investigate. Prisoners were generally likely to complain about matters in prison.
Mr A Fritz (National Manager: Inspections) said that after complaints from prisoners about inequitable food rations and expired medication, he had visited Knysna Prison but had found everything in order. Such invalid complaints backed up the Judge Fagan's previous sentiments.
Mr R Zondo (ANC) said it would have been preferable if the progress document had been submitted earlier so the Committee could have been studied it and been able to ask more questions.
After some discussion, Members agreed that the early release of terminally ill prisoners on parole should be allowed as they did not pose a threat to society.
In response to Judge Fagan's earlier statement that terminally ill prisoners' parole release had decreased recently, Mr Dyani said that some families refused to take them home because they still posed a danger and burials were costly. Therefore, the early release policy had to be reconsidered.
Mr D Bloem (ANC) congratulated the judge for his upfront presentation and then asked about the plight of children in prison.
Judge Fagan said a Justice Bill would soon be passed that dealt separately with children (under 18 years). There were Child Justice Centres that Members should visit to personally see developments made in promoting the wellbeing of children with criminal histories.
Mr L Diale (ANC) asked the judge why prisoners awaiting trial were not sentenced earlier.
Mr Bloem intervened to inform the Committee that Mr Diale's son had been awaiting trial for over six years and this was a pressing concern for him. Mr Bloem believed that prisoners should be sentenced immediately.
Mr F Van Deventer (DA) asked whether the Department of Justice, Correctional Services or Social Welfare was responsible for incriminated children.
Members unanimously responded that the Justice Department was responsible. Mr Van Deventer said that he had posed the question because at previous Committee meetings, the Department of Correctional Services had been blamed.
The Chair thanked Judge Fagan's staff and said the issue of overcrowding was pervasive and could not be resolved overnight. The mandate of the Department of Correctional Services Mandate would be carried out and discussions on conditions in prisons would continue.
The meeting was adjourned.
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