The White and Green Paper Process: Briefing by the Minister

Correctional Services

25 November 2003
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Meeting report

Portfolio Committee on Correctional Services
25 November 2003

White AND Green Paper Process: Briefing by the Minister
 


Chairperson: Mr J Mashimbye

Documents handed out:
 

Presentation by Minister: Summary of Department of Correctional Services Green Paper
Presentation by Western Cape Provincial Commissioner: Launch of the White Paper on Correctional Services in South Africa

Summary
The Minister presented a summary of the Green Paper on Correctional Services. The Committee was concerned that the Cabinet had approved the Green Paper before the Department had completed the consultative process; this was considered an irregularity.

Minutes
The Chairperson said he had initially hoped that the White Paper process would be completed by the end of the year. The DCS had experienced problems mainly because there was a lack of a clear policy. It was nevertheless still important to correctly see the process through to iron out gray areas and tighten policy.

The Chairperson also confirmed the media reports that he was leaving Parliament, but did not say what his next move would be.

Presentation by the Minister
The Minister gave an overview of the Green Paper which looked at Corrections from a historical perspective; the transformation of the DCS; prison reform; constitutional; and current administrational problems. The future of Corrections was important not only in South Africa, but within the SADC region. In the drafting of the Green Paper, concerns and issues raised by all the relevant stakeholders were taken into account. These included issues raised by the public over the years, the media, the criminal justice system, the Cabinet, Members of Parliament, prisoners and their families.

The Department had also taken into account the findings and recommendations of the Jali commission. The Minister assured everyone that something was being done about the Jali Commission findings while they awaited the final report. Some of the recommendations of their interim report had led to the dismissals and resignation of some of the members of the DCS.

Presentation by Mr Gcilishe Western Cape Provincial Commissioner
Mr Gcilishe took the Committee through the contents of the Green Paper and explained what the rationale behind each chapter. He pointed out that the document was not exhaustive, but a consolidation of discussions that had taken place since 1993.

Chapter One: Motivation for the new White Paper
The chapter addressed the reason for a new White Paper when one was produced in 1994. Mr Gcilishe said that they had to critique the 1994 version and fill any gaps that existed. The consensus was that it had become irrelevant and outdated, particularly as it was silent on issues of rehabilitation.

Chapter Two: History of Transformation: Pre-1993
The chapter presented an evaluation of the penal system in South Africa since the 19th Century. The penal system has always been a mirror of society and lessons could be drawn. It also looked at the pre-1993 and post-1994 debates, and the successes and failures of the transformation process.

Chapter Three: Correction as Societal Responsibility
This chapter recognised the centrality of the family as a basis of society, and the effect apartheid had on this institution. It acknowledged that correction started with the family. The chapter looked further at the role of secondary institutions. The central message was that corrections should not be seen as the sole responsibility of government but that of society as whole.

Chapter Four: Objectives of Correctional System
This chapter sought to expand the mandate of the DCS beyond that given by the Act and the Constitution, both of which were not articulated clearly.

Chapter Five: Unit Management
This outlined the approach to prison management, unpacked concepts and contextualised them historically.

Chapter Six:
The chapter talked of the integrated justice system and the role of correctional services in that structure. A meeting had been held between the DCS and the Criminal Justice Cluster to adopt an integrated approach.

Chapter Seven: South Africa' Correctional Client
The chapter concentrated on the offender, common profiles, the nature of crimes committed and the impact of the crimes on the offender. There were several challenges to the system, including the increase of serious crimes and the harsher sentences imposed as a result.

Chapter Eight: Ideal Correctional Official in Appropriate Organisational Culture
The chapter looked at the internal environment within prisons and qualifications of Corrections officials. Requirements went beyond the required School Leaving Certificate and looked at organisational culture, ideal competencies, etc.

Chapter Nine: Government's responsibilities towards ATDs
The chapter focused on awaiting trial detainees and their short-term management within the DCS system and the criminal justice cluster. The process also sought to identify policy gaps relating to HIV/ATDs.

Chapter 10: Needs-based Intervention Plan
The basis for the chapter is that each individual is different. The ideal situation is that each must have a sentence plan which address their specific needs.

Chapter 11:
The chapter highlighted that there was no conflict between safety and security in prison and rehabilitation, and that the two concepts could co-exist. Security could not be viewed only in the narrow sense of preventing escapes.

Chapters 13, 14, 15 and 16:
These chapters looked at issues ranging from external partnerships, public private partnerships, governance and administration, and implementation strategies.

Ms Schriener, Deputy Commissioner, pointed out that Cabinet had asked for the name 'correctional client' to be something more internationally and popularly understood.

Discussion
The Chairperson highlighted the importance of thorough consultation on the process with all the relevant stakeholders. The DCS itself needed to feel that they owned the process and that it was not imposed.

Mr Bloom raised a concern from the ANC study group. He said that the Department had failed to follow proper procedures because the Green Paper had already been accepted in this state by Parliament. The concern was that it had already been accepted before all the relevant stakeholders had been consulted.

Commissioner Mti said that the Department had tabled the paper before Parliament for approval. It was still open to change.

The Chairperson supported the Department and said the Cabinet decision came as a surprise to them. The consultation process on the paper would continue and that he would write a letter to the Speaker on the irregularity.

The Minister of Correctional Services, Mr Ben Skosana, raised concern about the appropriateness of writing a letter to the Speaker. He suggested that, to avoid conflict, a consultative process should be undertaken.

The Chairperson accepted the suggestion. In summary, he said that it was imperative that the Department and other stakeholders 'own the process'. He also highlighted the importance of sticking to the consultative plan and cautioned against rushing to finish.

The meeting was adjourned.

 

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