DCS Quarter 3 performance: performance against spending; filling of key vacancies; Litigation cost

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Justice and Correctional Services

21 February 2020
Chairperson: Mr R Dyantyi (ANC)
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Meeting Summary

The Department of Correctional Services (DCS) told the Committee that its key focus areas were the effect of the high number of vacancies on its performance, and the slow rate at which the Integrated Inmate Management System (IIMS) was being rolled out.

Presenting its quarterly performance report, the Department said it had achieved 25 of the 28 targets for the third quarter of the 2019/20 financial year, and spent 70.29% (R17.7 bn) of its allocated budget of R25.3 bn. The slow rate of filling vacancies had resulted in a budget cut of R100 million for the compensation of employees.

The Committee said a turnaround strategy was required to fix the internal appointment processes, and Members expressed concern over the disappearance of appointment memorandums.  The unavailability of panellists for interview sessions was detrimental to the process. It was apparent that the Department was not the employer of choice.

They viewed the lack of an integrated criminal justice system as having the potential to cost lives. The Department had a limited capability to implement the IIMS roll out plan to all of its 243 correctional services centres. The plan to reach its target of 40 sites by the end of this financial year was unlikely to be met.

The Committee was asked to reflect on the discovery during the week of the body of the small child who had been murdered by a parolee. A Member pointed out that it was a failure of the criminal justice system that crimes were being committed by parolees.

The Chairperson announced that the Department would meet with the Committee every Friday. Officials would know when the meetings would happen in terms of the quarterly plan, and what the Committee was expecting from them. The Department would be provided with the detail, accompanied by a programme so it could prepare well in advance and send only the Chief Deputy Commissioner (CDC) to face the Committee.  The idea was to do away with the Department spending two hours to do a presentation of 100 slides. Instead, the Committee could spend the time raising questions.

Meeting report

The Chairperson announced that Fridays would be known as “Correctional Services Friday.” He explained that from this day, officials of the Department would know when the meetings would happen in terms of the quarterly plan, and what the Committee was expecting from them. There would be no excuse for submitting documents a day before a meeting.

The Chairperson had received and accepted an apology from Mr Arthur Fraser, National Commissioner: Correctional Services, who had indicated that the team was coming to answer the questions of the Committee.

He said the Justice and Correctional Services Committee had held a strategic session on 4 and 5 February 2020 to draft the plan for the year. The plan would be made available to the officials. At every meeting, the critical issues would be explained. Follow up of critical issues would be in the form of oversight, Parliamentary committee meetings, or meetings with the Judicial Inspectorate for Correctional Services (JICS) and other stakeholders. The 22 focus areas identified at the strategic session had been translated into a dated programme. Each Friday session would be based on what had been identified. The Committee would focus on areas that demanded attention. The Department would be provided with the detail, accompanied by a programme so it could prepare well in advance and send only the Chief Deputy Commissioner (CDC) to face the Committee.  The idea was to do away with the Department spending two hours to do a presentation of 100 slides. Instead, the Committee could spend the time raising questions. He would allow for flexibility to discuss the three items on the agenda at the current meeting.

Mr J Selfe (DA) asked for indulgence from the Chairperson to reflect on the discovery during the week of the body of the small child who had been murdered by a parolee. He requested if detail about his release -- whether he was under proper supervision and other relevant information -- could be made available before the end of the meeting. He pointed out that it was a failure of the criminal justice system that crimes were being committed by parolees.

Correctional Services Department: Quarterly Report

Mr Joseph Katenga, CDC: Strategic Management, Department of Correctional Services (DCS), presented the report, assisted by senior officials who each presented a different section that related to their specific area of responsibility. He said that although three presentations in excess of 100 slides were submitted, the officials would be as brief as possible. They covered the three key focus areas of the meeting -- performance against spending, the filling of vacancies, and litigation costs.

The overall Departmental performance for the third quarter had been 89%. This was similar to the percentage for both the first and second quarters of the 2019/20 financial period. The Department was tracking 36 targets over the financial year, but eight targets were measured on an annual basis. For quarter three, the Department had achieved 25 of the 28 targets that were measured on a quarterly basis. The focus would be on the three areas of non-achievement and what would be done to address those areas.  In summary, of the five budgeted programmes, 100% of the targets for incarceration, care and social integration were achieved on a consistent basis over the three quarters. Targets not achieved were in respect rehabilitation (89%) and administration (71%).

The regional performance indicators showed that targets across the regions were either met or exceeded. This had contributed to the overall high performance of the organisation. The targets not achieved related to:

  • the roll out of the Integrated Inmate Management System (IIMS) to a number of sites;
  • the inspection of correctional facilities (JICS would explain the budget allocation to the Committee); and
  • the rehabilitation of offenders who were exposed to the educational programmes. The target of 10 527 was slightly under-achieved, as the actual figure for attendance at educational programmes was 10 053.

Ms Mosupye Nthabiseng, Government Information Technical Officer (GITO), DCS, said that a roll out of the information technology (IT) system needed to happen at the correctional centres. However, the key issues impacting on the implementation included the procurement of resources, the recruitment of human capital, and limited capabilities to stabilise the system. Currently, the Department was using the manual biometric system. The limited capacity to roll out would be augmented by a team from IGS consultants, to assist with the roll out plan. Implementation had started at four sites, with the aim reaching more sites during this quarter. However, the target of 40 sites would not be met.

Mr Katenga outlined the indicator for Adult Education and Training (AET) as the next target not achieved. The Department had gone through rigorous planning. The analysis included looking at both internal and external sources that would impact the rehabilitation programmes. The profile of offenders had changed to that of more literate individuals, which meant that the focus would be on skills training and more formal education programmes. This was not a negative response, but a reflection on the changing profile of offenders. The Department had been improving on the two targets not achieved on an annual basis. Looking at the period between 2014 and 2019, the figures showed an improvement from 63% during 2014/15, to 83% last year and 89% in the current year. This showed a positive trend in the performance, and the Department would endeavour to improve and be more impactful with the plan for the next five years.

Mr Nick Ligege, Chief Financial Officer (CFO), DCS, presented a summary of the national state of expenditure for the year to date. Against the original budget of R25.3 bn, expenditure had reached R17.7 bn, leaving an available budget for the next quarter of R7.5 bn. The Department had spent 70.29% of the allocated budget, and was behind in terms of the spending plan. Although the presentation reflected on the third quarter, there had been adjustments to the original budget. The Department had received approval from Treasury for a rollover of R8.8 million for vehicles. Orders had been placed, but the delivery had not occurred before the end of the financial year. A self-financing amount of R444 000 was allocated to supplement the gratuity for inmates who worked on agricultural programmes. The budget cut of R100 million was in respect of the compensation of employees (COE) due to vacancies. There was a misalignment of R432 million for the Government Employees Medical Scheme (GEMS). Previously, the amount had been allocated to COE, but after the budget realignment, it had been allocated to transfers and subsidies.

The CFO presented summaries of the expenditure per programme and the expenditure per economic classification.

Expenditure per programme:

Administration:
Actual spending of R3.496 bn against a budget of R4.817 bn, resulting in under-spending of R22 million.

Incarceration:
Under-spending of R441 million, mainly as a result of vacancies but also due to the facilities management programme, as a result of the slow movement of capital expenditure projects by the Department of Public Works (DPW).

Rehabilitation:
Underspending of R96 million related to goods and services due to slow movement in animal feed farming supplies. In the past, a budget had been allocated, due to the high prices of fertiliser and animal fodder. Production had since increased, resulting in less dependency on the procurement of items. The delay in the delivery of uniforms was due to a delay in procuring materials for the production of offender uniforms. Uniforms were expected to be delivered by the end of the financial year.

Care:
Under-spending of R259 million was mainly due to the high vacancy rate. In addition, there was a notable reduction in nutritionist services after this had been in-sourced. The service was no longer outsourced, as the Department was buying its own rations for offenders.

Social Integration:
R28 million was under-spent due to vacancies. Another factor was that the contract for the procurement of machinery and equipment (computers) was not in place by August and September. It could be facilitated only towards the end of the year.

Economic Classification:

Compensation of Employees:
Actual spending of 71.37% against the plan of 75.62% had resulted in under-spending of R751 million for the third quarter due to vacancies. The COE budget included the allocation for transfers and subsidies.
 
Transfers and Subsidies:
The R312 million would be set-off against the COE budget.
 
Goods and Services:
Underspending of R296 million was due to nutritional services.

Interest on rent on land:
The expense related to overdue accounts. The Department depended on the DPW for payment of invoices for the lease of rental land. Since the payment of municipal services had been taken over from the DPW and the Department paid directly to municipalities, it had noticed that overdue accounts were related mainly to rates and taxes.  A breakdown of the invoices of the overdue accounts showed that more than 50% of the R419 000 was related to electricity and water bills dating back to 2016. R20 000 (5%) was in respect of civil claims. The balance was related to interest on the late payment of salaries for dismissed officials. Overall, there had been no delays in paying service providers. The Department was working with the municipalities towards reconciling and consolidating accounts, as not all parts of the accounts had been paid. Movement in this regard had been slow, due to the DPW.

Payment for capital assets:
This issue was related to the slow movement of capital expenditure projects by the DPW.

Ms Pheladi Kekana, Acting Deputy Commissioner: Legal Services, reported on the status of litigation and the incidental costs.

  • The outstanding civil claims against the Department totalling R284 bn fell into three categories:
  • The contingent liability as at 31 December 2019 was R282 bn in respect of 986 cases. This represented a possible outflow of resources, which had been disclosed in the financial statements.
  • Provision of R1.6 bn was made for ten cases, where parties settled but the quantum was not yet determined.
  • Payables to the value of R84 000 in respect of the above cases that were provisionally settled.

A breakdown of the 986 cases in terms of the highest number per category indicated that the 342 cases of assault was the highest, followed by 232 unlawful detention cases. The value of the 739 categorised cases was R237 million, while the remaining cases fell within other categories, such as unlawful deductions and labour disputes. A total of 81 civil claims had been assessed and finalised as at the end of December 2019. Claims in favour of the Department totalled 75, to the value of R14 million, while the six claims against the Department were valued at R420 000. Of the 75 cases, letters of demand were issued. As no responses were received after three years, the cases were prescribed and written off as finalised.

Summonses were issued for two cases to the value of R671 000. Both cases emanated from the Eastern Cape. One case related to an assault by an inmate, and the other was a situation where a parolee raped a member of the community. The Department was not negligent, and was found to have operated within the rules. Contingent liability would apply, provided that the Department was not negligent. The Finance Department registered the debt and where they were not able to recover the money, letters of demand were issued and the cases referred to Legal Services for recovery. Motion applications related to issues in dispute, where inmates requested access to laptops and books.

The Department was charged with contempt of court in cases where the court granted access, but the Department failed to provide the access. When inmates lost cases, legal practitioners represented them in court. Categories identified as other motion application cases included doctor visits and spouse visits. Access to amenities was similar to access to information, and included requests for modems, radios or clean clothes.

Ms Kekana apologised for an error in respect of the legal costs arising from civil claims, motions and arbitrations on one of the slides. The last entry on the slide should read “available budget,” and not “current budget.”

Referring to challenges and interventions, she said that the unavailability of the integrated system to manage the payment of invoices was a problem. A system was being developed in conjunction with officials from the office of the State Attorney.

Adv Patrick Mashibini, CDC: Human Resources, said he would provide some background to help the Committee understand the problems that the Department was facing. He described the vacancy situation as a leaking bucket. The employment bucket was being filled by internal employees moving from lower level to higher level posts, leaving behind vacancies. The more posts that were being filled, the more the natural attrition, resignations, transfers and dismissals took place, so it appeared that nothing was happening. On average, the Department lost seven officials for every ten appointments made. The downward trajectory had started in the 2014/15 financial year, ending with an average of 17.5% at the senior management service (SMS) level over the past five years. However, at the non-SMS level, the indicator was below the target of 10%. Currently the vacancy rate was 22% at the SMS level.

The greatest challenges were attributed to the reasons that would be discussed. More than 56 posts were advertised in 2018, and management had decided to re-advertise and start the process afresh, which had happened in June 2019. It appeared that the majority of the applicants were no longer available, and some had accepted posts in other departments. The slow pace of appointments at the SMS level was due to the panellists (senior managers and executive authority members) not always being available due to strategic commitments in the Department. In some cases, disputes were lodged against appointments, which halted the process. Other reasons included the lack of a linkage between the vacancy rate and performance agreements. The most common reason was the assistance of panellists from other Departments. A common trend appeared to be that when interviews needed to be held, panellists were either on sick leave, had applied for early retirement, or had actually retired. The greatest impact on the plan was during the festive season, as it was practically a dead month.

Interventions to address the challenges included:

  • A structured recruitment process linked with monthly progress reporting by chairpersons;
  • Ensuring that performance agreements were linked to the results of senior managers, in order to hold them accountable.
  • Reducing the frequency of panellists participating in the selection processes.
  • Monthly HR committee meetings to monitor the progress.

In order to arrest situation, the Department had developed a turnaround strategy on three levels -- the SMS level, non-SMS level, and members from the Department of Defence (DOD). The Department had reached out to the DOD to assist with filling the gap left by this leaking bucket. The Department had been successful in negotiating for the release 2 000 reservists, who would be filling positions starting in April 2020. For non-SMS members, the focus was on an internal recruitment drive to attract ex-officials and reservists from the DOD.

He presented the status of the recruitment and selection phases:

  • At Level 16, one post (which was the Minister’s post) remained vacant, as the Minister was employed by the Department of Justice (DOJ). The merger with the DOJ meant that the post was being carried by the Justice Department.  An instruction had been received from the Minister to unbundle it.
  • Chief Deputy Commissioner (CDC) – four CDC’s and one Regional Commissioner posts had been advertised, and the Minister had approved interviews last week to be held next week.
  • Deputy Commissioners (Chief Directors) – 11 vacant posts. Nine were advertised, and seven candidates were short-listed. Two interviews were held, and one still needed to be advertised.
  • Chief of Staff (Directors) – 38 vacant posts. 33 were advertised, and 17 candidates were short-listed. Seven were interviewed, nine were due to be appointed, there were two horizontal transfers, and two still needed to be advertised.

In total, 46 positions were advertised, 26 short-listed, nine were interviewed, nine were to be appointed, there were two horizontal transfers, and four posts to be advertised. The SMS vacancy rate per region indicated that to date, 167 CDC vacancies had been filled and 49 remained vacant.

In terms of the three-pronged strategy, 848 non-SMS posts were filled. In addition, 1 500 posts had been created for ex-officials, and 900 posts had been filled to date. From the 4 000 reservists on the DOD database, the Department had recruited 2 000 with effect from 1 April. For the non-SMS members, the vacancy rate was 9.5%, which was below the target. The highest rate was at the head office, followed by the Eastern Cape.

Under-spending in terms of compensation for medical officials was significant.  The DCS had engaged with the Department of Health about rural allowances, as rural areas were not attractive. The situation was not ideal. At a meeting with medical doctors, concerns had been raised about the levels of appointments.

Discussion

Ms Veliswa Mvandaba, CDC: Social Integration, DCS, responded to the question raised earlier by Mr Selfe. She said that the parolee had been sentenced to 12 years’ imprisonment on 7 April 2008 for culpable homicide. She needed to confirm whether he was placed on parole on either 17 October 2016, or in 2013. He had absconded on 16 February 2019. At the time of this meeting, he had appeared in the Goodwood Magistrate Court. Officials at the court were preparing a warrant for arrest, and he would be taken into custody after the hearing.

The Chairperson observed that the quarterly performance report had focused heavily on vacancies, and invited the Department to engage on the three agenda issues.

Ms W Newhoudt-Druchen (ANC) commented on the administration targets not achieved. She asked whether the Department had a schedule for renovations at Correctional Services and public-private partnership (PPP) centres. She referred to the number of psychologists, doctors, pharmacists and social workers at the 243 centres, and asked how the professionals distributed the work at the centres. She queried the level 16 post that had been vacant since the 2014/15 reporting period, but was now reported as being covered by the Department of Justice. She was concerned about panellists not being available for interviews, and asked why this was happening and what the Department was doing to address the issue. The learnership statistics indicated that 18 people with disabilities were accommodated at two colleges -- in Kroonstad and Zonderwater. She asked how many people with disabilities were placed in the Department, and where they were placed. 

Mr W Horn (DA) said that at the last meeting, the Committee had been informed that the IIMS contract had ended, and that experts from other departments would be assisting the DCS. Based on the presentation, he found it difficult to understand what value was added by these experts. He pointed out that bed spaces were measured annually, and suggested that quarterly targets should be set to achieve the annual targets. He noted that there was no indication that contractors were creating extra bed spaces at the Rustenburg and Burgersfort facilities. He regarded the R419 000 interest on land item as unacceptable, and said that there should be consequences for those responsible. The Department should not stop paying, even if the case involved a dispute with the municipality. He failed to understand how the R29 000 in respect of interest on salary payments had been accrued. The Committee was previously informed that the under-spending on infrastructure would improve. He got a sense that the projects had not kicked off, and suggested that a meeting be scheduled in the next quarter to get feedback on the progress. He asked what the rationale was to allow people of 55 and older to retire early, when the Department was a ‘leaking bucket’’. He understood that people retired without penalties, and were awarded credits.

Mr Selfe asked for clarity on the IIMS issue. What was meant by the delay in this long-standing matter? No progress had been reported for the past seven to eight years. He shared the scepticism of his colleague and was concerned about the increase in the numbers from the first to the third quarter. It presented a big problem if one could not tell if someone was re-offending. He referred to a series of indicators that troubled him. Why was a target set at 69.5%, instead of 100%? What plans were made to ameliorate overcrowding situations? The most pressing issue was offender development. The statistics reflected that 3 591 offenders participated in skills development programmes at technical and vocational education and training (TVET) colleges, 10 527 attended educational programmes at AET, and 718 at further education and training (FET) facilities. He regarded the FET participation as not good enough. The offender should be a better person upon release. He referred to the legacy issue of payment, and asked why the two bargaining council awards were still not paid.

Mr X Nqola (ANC) commented that the Commissioner had already offered an apology for the first meeting, which did not bode well for the integrated programme with the Department. The indicators not achieved in respect of inspected facilities reflected 15% (quarter one), 29.63% (quarter two) and 39.92% (quarter three). He queried the low percentage of inspected correctional facilities, and said it would help the Committee with the oversight function to know what the challenges were. The statistics for education programme attendance had been declining since quarter one. What had caused this decline? Referring to the number of officials found guilty of corrupt activities, he queried whether it was labour or drug related, or if it involved Bosasa matters. The decrease in the number of escapees had been reported as good performance, but he asked how long it normally took to recapture an escapee. A reduction in the statistics regarding injuries to offenders, except in the Free State and Northern Cape, had been reported -- why had those two provinces failed to reduce the number of injuries to offenders? He asked how the budget was affected when the target for training was exceeded. Referring to the issue of unnatural deaths, he requested that the Committee be provided with hotspots for the purpose of oversight visits to the facilities. The statistics for offenders involved in social work services revealed a performance of 51.31% against a target of 38%. Why was the target so low when it could be achieved so hugely? Addressing the issue of litigation costs, he agreed that it was a general problem in all departments. It should become a consequence management issue for this Department. He asked whether there were consequences for officials who assaulted offenders, as lawyers were eager for such cases. Did the DCS depend on the services of the State Attorney, or make use of internal services? He believed that the vacancy problem had to do with the quality of staff, and pointed out that the report had focused only on the quantity. Could it be confirmed that the Department had capable officials?

Ms J Mofokeng (ANC) referred to the R419 000 interest on land expenditure, with no budget. Who had done this, and why was the DCS in this situation? Could they indicate whether they had measures to avoid it happening again? She asked whether the moratorium on the appointment for medical professionals had been lifted.

Department’s response

Mr Katenga said that the inspection of Correctional Services centres was a JICS mandate. He explained that inspection was scheduled to take place on a three-year cycle. JICS would be asked to clarify about areas not covered over the three-year period.

He clarified that the level 16 post had been vacant for an extended period, and had been carried forward after the merger with the Department of Correctional Services.

The delay in the delivery of bed spaces was due to a delay in the approval process. 492 bed spaces had been created in 2019 through the upgrading of facilities at Estcourt (309) and Standerton (183). The facilities had been officially opened by the Minister.

The Department was busy reviewing the structure of the service delivery model for correctional programmes. Officials were currently multi-tasking, but the goal was to get the right skills in the right places through skills development and formal education. Making the infrastructure more rehabilitation friendly was a work-in -progress. The aim was to put more people through development training.

He said the message of Correctional Services Fridays would be conveyed to the National Commissioner.

Mr Ligege expressed his concern about the interest charge, as it amounted to fruitless and wasteful expense. The amount of R419 000 in respect of interest on land was charged on municipal accounts. Previously, the DPW had been making the payment of behalf of the DCS. As part of cost saving, this function had been taken over by the DCS. The risk for the Department was that the municipality might terminate its provision of services. The Department had since paid R216 000 under Programme 2, through a special dispensation with the municipality during the takeover phase. Interest on arrear salaries was the second biggest interest charge. It related to cases of dismissals, where officials went for arbitration and were then retrospectively reinstated. A further interest charge related to cases where the court had made a ruling on interest on damages. Where this was registered as a fruitless and wasteful expense, the relevant person would be made to pay.

Ms Nthabiseng responded to the question raised by Mr Horn, and confirmed that the IIMS contract had ended in January 2020. She explained that the Department faced system challenges in specific centres. Data in one centre was not integrated with data in other centres. An offender who was released on bail and who then moved to another centre, got a new identity. A proposal had been made for a centralised system, where provision was made for fingerprints to be captured once. Due to the current decentralised environment, the processes differed from one site to another. The new system would be a centralised hub to accommodate all the information from the Justice Department. Currently, the SAPS operated a manual biometric system. The integration with the Department of Justice would mean that the officials did not have to recapture information, as it would be available on the system. A few test runs had been piloted. It added value in terms of assistance with the change management process. The challenge with the system had been to ensure that the courts and the Department were inter-linked. The process was slow, but a new formula had assisted in refining it. A team of 55 people was busy completing the work. By the end of the year, 20 sites needed to be covered, including the integration of the procurement software at head office.

Adv Mashibini emphasised the seriousness of the challenges regarding vacancies. An insufficient staff complement at the 243 centres could lead to the loss of life. One doctor was responsible for more than one centre. An example was the Grootvlei facility, which consisted of three centres in one management area. To ensure that services were rendered, doctors were being paid overtime and doctors not employed by the Department were being paid on an hourly rate.

Responding to Mr Horn, he indicated that approximately 4 000 early retirement applications had been received. Some of the applications were regarded as not serious. The 83 approved applications were due to members with ill health, of whom the majority were frail and close to retirement. Some showed signs of apathy and because such people presented a risk when they remained on the programme, their applications were approved. Calculation mistakes were made in some instances, which left 17% of payments outstanding. As a result, controls needed to be implemented to recover incorrect payments. Recovery of payments proved to be a problem in the case of ex-members. Internal audit had liaised with National Treasury for the use of software to do the verification. Outstanding payments would be made by the end of June.

In response to Mr Nqola, he replied that exceeding the target did affect the budget. The number of incidents included a fatal loss of a member, and the training of ex-officials who had been outside the system. He confirmed that the Department had capable staff to perform their duties in terms of night shifts, escorting offenders to court, the monitoring of parolees and hospital duties. He also confirmed a reduction in the number of escapees.

The National Commissioner needed to establish two units in terms of the Correctional Services Act to address the issue regarding the 12 officials found guilty of corrupt activities. Although many of the DCS officials were attorneys, they did not appear in court and therefore relied on the State Attorney to represent the Department. Notices of demand were recorded and assessed. If it was in a prescriptive limit, a case would be assessed in terms of a specific amount. If no summons was received, a letter of demand would be issued and recorded as finalised. No court appearance was needed in such cases.

Adv Mashibini said the non-availability of panellists was problematic. He explained that panellists were provided with the dates of the interviews and requested to provide written explanations if they were unable to attend the sessions. If the circumstance allowed it, panellists were replaced. A disappearance of appointment memorandums occurred if someone was not happy with the outcome of the interview process. Duplicate copies were being made as a back-up.

A sub-division was not made in terms of the three-pronged strategy, as the same process was followed for SMS members. People with disabilities were placed in conducive environments to avoid risks and for protection.

Ms Mvandaba said that the turnaround time for recapturing offenders was 48 hours. She reported an 80% success rate.

The Chairperson explained that the National Commissioner was meeting with five of the heads of regional centres and dealing with Correctional Services matters, and therefore his apology was accepted. 

He commented that of the 22 focus areas, ten related to information technology. He deemed it serious enough to warrant another meeting with the Department, as money had been paid many years ago but the system was still not working.

The Department was not on top of its game, as the targets for only six of the 15 indicators had been met.  He was concerned about the fiscal capability of the Department. To date, R70 bn had been spent, leaving a balance of R7 bn. How were they going to spend R7 bn in two months what they could not do within nine months? He warned that the Department would run into trouble if fiscal dumping was considered.

He observed that the percentage of therapeutic diets for inmates was quite a big number, and requested a breakdown of the number of inmates on the diet, as well as the related costs.

He asked for clarity about the 2 185 permanently filled posts as per the Human Resources Budget Plan (HRBP) tool and Personnel Administration System (PERSAL), as this was a big number. He commended the Department on presenting the progress report for the filling of DCS posts.

He requested that feedback be provided on the audit outcomes, which would be discussed at the Standing Committee on Public Accounts (SCOPA).

Referring to the ‘leaking bucket’ analogy, he stated that the high turnover rate indicated that DCS was not an employer of choice. He criticised the recruitment strategy, referring to it as a pool of the target market. He proposed that the Minister, accompanied by the officials, return to the Committee to present a properly worked out strategy. He suggested that the Department had big problems, and that an action plan was missing from the strategy. The Department needed to fix its internal processes of appointment. The disappearance of appointment memorandums was not an accident. It seemed that disputes were pre-determined. He was concerned that the process stalled when candidates were not short-listed. How were they going to overhaul the process? It was clear that the existing panel would not work, and it needed the Minister and the National Commissioner to explain the matter. He requested a diagnostic evaluation for the lack of staff at the director general level, which indicated that the Department had no future as there were no mentors left. This was indicative of the Department not being attractive. Natural attrition would continue if the problem was not fixed. The Department was sick, and the Minister would have to explain. The Department had an image problem that needed to be fixed.

The Chairperson appreciated the employment of learners who participated in the learnership programmes. He was curious about the issue of learners lost to the system due to pregnancy, and asked for clarity on this matter.

He queried whether ex-officials who were re-employed had previously retired or resigned. He needed to understand whether they had received packages prior to their being re-employed. The service termination report indicated a number of deaths, and he asked whether the deaths were as a result of happenings outside of the work environment, or due to attacks by inmates.

Referring to the report on litigation and costs, the Chairperson asked for more detail about the high number of civil claims against the Department.  

Mr Selfe queried whether the IIMS had been rolled out to seven institutions, and asked where it was situated. The Committee had been told that the roll out would be extended to 20 institutions instead of the target of 40.

Ms Mofokeng said that if there was a policy in respect of Programme 3, the Committee would want to engage the Department on the matter. She referred to a report that had been discussed at the strategic session regarding the training for matrics.

Mr Nqola asked whether there were consequences for an official who transgressed and a court order was issued.

Department’s response

Mr Katenga replied that 28 targets had been tracked, and only three were not achieved. He undertook to provide feedback about the therapeutic diets and the comprehensive recruitment strategy.

Adv Mashibini replied that the Department was working on a strategy. He agreed that the three-pronged strategy was not comprehensive, and that a revised strategy would be presented at a future date. A task team was working on the discrepancy between the PERSAL and the HRBP systems. Planning had since been introduced as part of the HR process to provide detail about the age of employees. One of the indicators was the recruitment of young people. In future, 20% of all appointments would come from the youth segment. He said that the DPSA standard time to fill a vacancy was 12 months. The Department agreed on six months in the draft strategy.

Officials who were responsible for the disappearance of appointment documents made sure that they could not be traced. The Department would ensure the safekeeping of official documents.

He explained that the issue of seven lost learners was a capturing error. The learners were still in the Department.

The Department considered those who resigned from the public service as ex-officials. Most of the deaths reported were normal deaths. Attacks by inmates did occur, but few such cases were reported.  He agreed that the resignation figures were high. Exit interviews revealed that most people needed the pension money due to the poor economic situation in the country.

Mr Ligege said that a monthly spending plan was drafted to draw funds from National Treasury.  The difference between the original budget and the current budget was due to the changes after the Adjusted Appropriation Bill came into effect.

The penalties due to early retirement were commitments that the Department needed to face. R243 million had been transferred to the Government Employees Pension Fund (GEPF) in respect of 843 employees. Another commitment was the upgrade in salaries, which was applicable after ten years of service.

Mr Nqola asked whether consequence management was applied for assault-related cases.

Ms Kekana replied that a recommendation had been made to management, as it was a line management function. She explained that the Department was responsible for keeping inmates safe.

Parole issue: Legal Opinion

Ms Noluthando Mpikashe, Parliamentary Legal Advisor, requested an opportunity to address the Committee on a 2019 Constitutional Court case. The case involved a challenge brought by an inmate who wanted to be released on parole. Parole may be granted after a minimum period of 20 years had been served for a sentence of life imprisonment. This had been changed to 25 years after 1988. In this case, the offence had been committed before the new act, but sentencing was finalised after the new act. The Department said he must serve 25 years, which was challenged, and the Constitutional Court had agreed. Parliament was given 24 months to pass the amendment. Concerns had been raised about how Parliament handled deadlines. As per the last page of the legal opinion, as an oversight function, the Minister should indicate what should be done before the deadline. The Minister had not responded to a letter from the Parliamentary Legal Services office, and therefore the issue was being brought to the attention of this Committee.

Mr Nqola asked for clarity about the sections of the act that were declared unconstitutional, and which specific conditions had given rise to this matter.

Ms Mpikashe replied that only S136(1) had been declared unconstitutional. The Constitutional Court found that the rights of the inmate had been violated.

Mr Nqola asked whether this was a retrospective application of the law.

Mr Selfe suggested that the Minister be invited to provide clarity.

The Chairperson said that the Department must not fear the Committee, and should share their concerns with it. He foresaw that the appointments set for March would not happen. He was concerned that panellists used interview panels as a fighting tool. A turnaround strategy was needed, and engagement with other departments was important. The Department should have quarterly targets in order to monitor targets. Setting of low targets made it easy to exceed the targets. IIMS was in a crisis state. The high turnover rate and ageing staff were serious issues. He would be attending the SCOPA meetings to check on the feedback by the Department on the audit outcomes from the Auditor General.

Ms Kekana pointed out that the draft Bill was work-in-progress in the office of the Minister. She felt that it would not be necessary to invite the Minister, as a report would be submitted.

The Chairperson replied that the matter should be left to the Committee to handle.

The meeting was adjourned.

 

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