Budget Discussion continued

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
9 May 2000
ELECTRONIC MONITORING; HIV/AIDS IN PRISON; SITOLE BURSARY FUND; DEMILITARISATION
 

Current Situation (HIV/AIDS status of prison)
About Electronic Monitoring (EM)
Policy regarding HIV and AIDS in the Workplace: Department of Correctional Services.

The departmental team: Mr Nxumalo (ex-acting Commissioner), Rev. Mbethe (new commissioner); Mr Tshivase; Mr Esmeraldo; Mr Matara; Mr Rubushe; Mr Sokupha; Mr Ziziba and Mr Gillingham.

SUMMARY
This meeting was a continuation of the forum allowing the committee to ask questions on the department's budget and activities. The department also came with answers to questions, raised by the committee in the previous meeting, that had required research.

MINUTES
Mr Tshivase went through a short power point presentation of the Budget. He highlighted budget allocation per programme for 1999/2000 and 2000/2001 as well as the cost per day per inmate.

Questions on Departmental Budget
The Chairperson asked for the number of prisoners involved in the production of departmental income. Mr Tshivase responded he would find out that from the functional services directorate as his domain is only on financial matters.

Adv Schmidit (DP) asked when would the department consider selling its products at market-related prices. Mr Tshivase replied they do not intend to because they are not practising business in prison. He added that they are not in competition with the market.

Ms Sosibo (ANC) asked for clarity on the budget item "membership fees" and what it constitutes. Mr Tshivase responded that since members are using state facilities, whatever they pay in cash is taken to be membership fees.

Mr Durand asked Mr Tshibase to confirm or refute the allegations, as once reported by Sunday Times, that some members in the Correctional Services are getting furniture for free. Tshibase said that that is not department policy. If that does happen, Tshibase said, it is corruption. He added that the Sunday Times had blown the whistle on the alleged furniture dealings of the ex-commissioner. He said a commission of enquiry commissioned by the Department of Public Services and Administration is investigating such scandalous dealings, and if proved, punitive measures will be taken.

Electronic Monitoring
Mr Esmeraldo explained Electronic Monitoring to be an electronic technological device which is applied to assist Community Corrections personnel in determining whether an offender placed under house arrest or home confinement is in fact complying with the conditions that were set by the court or the Commissioner or his delegate. All the stakeholders - the offender, the offender's family, the community and the department - Mr Esmeraldo maintained, will benefit from this device. It will be introduced because of its advantageous effects, particularly the increase in the effectiveness of offender supervision programmes. It marks the charting of a new course away from the physical monitoring method which has proved to be less effective in most cases.

Mr Esmeraldo reported that the effectiveness of this device was established by the pilot research project undertaken from September 1996 to August 1997 and extended to 31 March 1998.

The department supplied the following answers to questions raised by the committee at a previous meeting with the department:

Questions on Electronic Monitoring
Why is the project taking so long?
The department responded that, by and large, the devil has been in the consultant tender process. This process stretched to 7 months instead of the anticipated 3 months. The delays are evident especially if one considers the fact that the cabinet approved its implementation on 31 March 1999 and the State Tender Board only awarded the contract on the 24 December 1999 and the consultant started on 2000/02/01. This long process is basically what has been the bone of contention between the committee and the department.

What happened to the funds budgeted for Electronic Monitoring?
The department responded that those were re-utilised within normal budgetary procedures for shortfalls that needed to be financed. The department indicated, for instance, that during the 1999/2000 financial year, the funds were rolled over for the 2000/2001 financial year.

Why does the department need a consultant now if a consultant was used during the pilot project?
The department denied the use of the services of a consultant during the pilot project, saying that the procurement of a consultant was sought to deal particularly with the formulation of the technical specifications and business plan in order to implement this country wide. The department emphasised that this was done on instruction from the then Commissioner, Mr Sitole, two months after project approval by Cabinet.

Further Discussion
Mr Durand (NNP) asked Mr Esmeraldo to explain what he means when saying the Electronic Monitoring system controls impulsive behaviour. He further asked if the system seeks to release more prisoners for community work.

Mr Esmeraldo responded that the system controls impulsive behaviour, such that prisoners are forbidden to visit places where liquor is sold. He said the Department of Correctional Services cannot make unilateral decisions on the release of prisoners but has to negotiate bail conditions with the Department of Justice.

Mr Fihla (ANC) commented that the greatest problem in South African prisons is overcrowding. The shortage of medicine, poor living conditions and so on are a direct result of this primary problem. He said a system like Electronic Monitoring is an answer to this problem but is long overdue.

Mr Thami Nxumalo (acting Commissioner after the resignation of Sitole) agreed that something had gone wrong and the department does admit this. Electronic Monitoring has been a news item since 1996 and yet it is still not implemented, and there is no guarantee that it is going to be implemented this year. But he promised the committee that whatever the difficulties, one being that they are dealing with a department that is under investigation by many commissions of inquiry, they will try their best to ensure that Electronic Monitoring succeeds.

The Chairperson asked if there is an easy method for prison inmates to apply for community work as there are complaints from many prisons about the lack of clarity on this issue. Mr Esmeraldo responded that procedures for applying for community work are to be made known to all the prisons soon.

HIV/AIDS status in prisons
Mr Patrick Gillingham pointed to the disturbing trend of an increase in HIV/AIDS infection among prison inmates. The following are the known cases of HIV/AIDS infection:
- January 1998: 1315
- January 1999: 1779
- January 2000: 2627
These are known cases as a result of voluntary testing. The figures would have been worse if mandatory testing was allowed. These statistics reflect only the HIV/AIDS status of prisoners; no such statistics are obtainable for personnel.

As a response to the projected trends, the department has trained a sizeable number of personnel to deal with HIV/AIDS prisoners and the spread of this disease. Among the personnel trained are 246 out of 470 social workers, 11 out of 44 psychologists, and 235 out of 558 nurses. Furthermore, Mr Gillingham reported that the department has appointed HIV/AIDS focal persons in each prison, popularised condoms to prisoners and is providing health education and HIV/AIDS awareness in prisons.

In order to control HIV/AIDS spreading and to deal with already infected prisoners, the department future plans are:
- Train custodial staff in HIV/AIDS;
- Train prisoners in peer group teaching;
- Train the remaining social workers, nurses, psychologists and counsellors;
- Conduct research on the impact of programmes;
- Train nurses in syndromic management of sexually transmitted infections;
- Improve access to voluntary counselling and testing;
- Establishment of HIV/AIDS committees at National, Provincial and Management Area level; and intends
- Intensifying partnerships with NGOs and CBOs.

The department supplied the following answers to questions raised by the committee at a previous meeting with the department:

Questions on HIV/AIDS status in prisons
What programmes are implemented by the department to deal with the spread of HIV/AIDS in South African prisons?
The department responded thus:
- screening on admission;
- awareness campaigns for staff and prisoners;
- voluntary testing and counselling;
- availability of condoms;
- universal precautions;
- training of prisoners and personnel peer group teaching;
- participation in international and national celebrations to raise and reinforce awareness against HIV/AIDS.

How many cases of HIV/AIDS does the department have in its system?
As of 29 February 2000, there were 2881 cases of HIV/AIDS.

Does the department network with external organisations to deal with HIV/AIDS issues?
The department responded that it does. The department has good relations with the South African National Council on AIDS (of which the Minister is a member). It is also working together with:
Interdepartmental Committee on HIV/AIDS;
- National South African Civil Military Alliance;
- Government departments such as Health, Welfare and Justice.
- NGOs such as ATTIC, NAPWA, Hope World Wide, Hospice Care, SAPHOR.

What are the challenges/problems with caring for offenders with HIV/AIDS?
The department responded:
- shortage of health care personnel such as pharmacists and nurses;
- reluctance of public hospitals to admit offender-patients with HIV/AIDS;
- reluctance of families to accept offenders who are released with AIDS;
- the exhaustion of existing health facilities by the increase in HIV/AIDS;
- lack of capacity at provincial hospital to admit offenders with HIV/AIDS; and
- poor living conditions and overcrowding.

Further Discussion
The Chairperson raised her concern about the possibility that the availability of condoms in prisons might be useless. She said everybody is aware that sexual practices in prison, in most cases, are not by consent. Condoms may not be used due to the force involved in these practices. She asked if the department has some way of protecting those inmates who are not HIV positive from those who are.

Mr Gillingham said that the department does not have that authority to insist on the use of condoms. It is very difficult to separate inmates on the basis of their HIV status. The department cannot detect that due to a low turn-up for voluntary testing. He said the department only becomes aware when an inmate has full-blown AIDS.

Ms Capa asked if departmental officials are responding positively to health personnel recommendations.

Mr Gillingham said that presently it is difficult to pronounce on that as staff training on how to respond to these health issues has not been provided yet. But he promised that is high on the priorities for the future plans of the department.

Mr Durand (NNP) said the department needs to come up with a plan because what is happening in prisons is pathetic. People go into prison HIV negative and become infected in prison, and for sure, they spread it to the nation upon serving their sentences. It was not good enough for the department to lament that it does not have legal ground to enforce HIV testing in prisons.

Adv Schmidt advised the department to seek a legal advice on this matter (the need to enforce HIV testing in prisons).

Ms Dlamini (ANC) pointed to what she said is the disappointing approach of the department in viewing HIV/AIDS as only transferable sexually. She said the department should look also to other ways of mitigating the spread of HIV/AIDS, not the provision of condoms only.

Mr Gillingham rescued himself from these questions by advising members to wait for the report of the South African National AIDS Council. This report is to be presented in July to the Minister and it will be made available to the members. Gillingham noted that the legal matters surrounding the enforcement of HIV testing will also be touched in that report.

In closing the discussion on this issue, Ms Capa said it is clear that the Correctional Services Ministry does not have a management team that is well informed about HIV/AIDS epidemic which needs to be taken very seriously.

Sitole Bursary Fund
Mr Madaka informed the committee that the Bursary Scheme for studying at Jackson State University in the USA was founded out of a need identified by the department. He said there was a strong desire by the department to have staff with criminal justice administration knowledge and research capacity. According to their department's understanding at that time, none of the academic institutions in South Africa offered such a programme. Mr Madaka said that it is in this context that Jackson University in USA was identified as offering a Masters Degree in Criminal Justice Administration and Corrective Behaviour. Eight South African students were offered bursaries each year to attend. However, as time went on, Jackson University has linked up with the University of Zululand to make this programme available in South Africa for future purposes.

The department supplied the following answers to questions raised by the committee at a previous meeting with the department:

Questions on Bursary Scheme
Why did the course have to be presented in the USA?
There was no academic institution in South Africa that was offering this programme.
- How was the course financed?
The department financed it from the training budget.
- Did the students sign any contracts?
All the students signed a binding contract that they will work for the department at least for three years upon completing their studies.
- Is the allegation that Sitole owns the house in which the students stay, true?
The story is not true. The house belongs to the Mississippi Consortium for International Development.

Further Questions
- The chairperson asked if the are no other funds (monies) paid to the consortium, except those from training budget.
- Adv Schmidt (DP) asked if the ex-commissioner, Mr Sitole, had some personal financial interests with regard to the Sitole Bursary Fund.
- Dr S Mzimela (UDM) said the criminal justice system that is used in the USA is different from the one used in South Africa. Furthermore, Jackson University had to customise this programme for the South African students that studied there). This means, as far as Dr. Mzimela is concerned, that South African academic institutions could have designed a course if the Department of Correctional Services so wished.
- Ms Dlamini (ANC) advised the department that in future, if the department wants to upgrade its staff, it should consult South African universities.

Mr Madaka responded that the University of Zululand has already been approached for the purpose of designing a programme of that nature. For other questions relating to the ex-commissioner's personal financial interests and funds that might have been paid to the Consortium, not through the training budget, Mr Madaka advised the members to suspend them until the findings of the investigation that is due to submit its report in July.

Uniform Issue
The Committee was told that the Department of Correctional Services demilitarised on the 1 April 1996. In line with demilitarisation, the department did away with military ranks and other military customs The committee was informed that the uniform, which was worn by all personnel prior demilitarisation, is still in use.

However, Mr Madaka informed the committee that the department has now sought some means in which to break away from this past. To that effect, a survey was conducted, which recommended cosmetic changes to the new uniform. The phasing in of the wearing of this new uniform will start on the 21st of August 200, the report said. This will see head office staff wearing uniform as a standard dress except when required to wear civilian clothes, e.g. attending external meetings. Mr Madaka said the wearing of this uniform is important for many reasons, inter alia, security and differentiation of officials from prisoners. Already, the committee was informed, 28 companies are awarded tenders according to the State Tender Board directives to design the new uniform.

The department supplied the following answers to questions raised by the committee at a previous meeting with the department:

Questions on Uniform Issue
Is it true that all staff will now be wearing uniforms?
Mr Madaka agreed that that is indeed true.
- Who overturned the decision of the Cabinet to demilitarise?
The department pointed that the decision has not been overturned, the decision to demilitarise still stands but militarisation and the wearing of uniform are not the same. The uniform is only for security reasons and there will be no military insignia on it and saluting has been done away with.

Further Questions
Ms Dlamini (ANC) registered her concern about the continued stance of the department to make the wearing of uniform compulsory although the Cabinet agreed otherwise. She termed the department's stance 'stereotyped'. She also raised her concern about what she said is the militaristic colour of the uniform.
- Mr Durand (NNP) asked if there is sense in the uniform changes that the department is proposing.
- Dr S Mzimela (UDM) reminded the committee and the department that no problems were reported when the uniform design was done internally. He asked why the department has 28 companies tendering for this purpose. Secondly, the department's insistence on returning or endorsing the wearing of uniform is overturning the decision taken by Cabinet on the issue of demilitarisation.
- Mr Fihla (ANC) said the decision to demilitarise prisons was an informed decision. As a starting point, it aimed to do away with the soldier-prisoner relationship. One factor in the process of doing away with this type of relationship was stopping warders from wearing uniform. He said the Scandinavian countries are a model for South Africa in this case.

As the uniform issue (demilitarisation) was beginning to raise emotions and Mr Madaka was having difficulty in answering these questions, the new Commissioner, Rev Mbethe intervened. He requested the members to suspend their questions and promised them that he will personally attend to the problems surrounding demilitarisation. He promised them that he will make sure by all means possible that the members' wishes prevail.

The committee agreed to give the commissioner some time but urged him to report on this issue as soon as possible. On that note, the meeting was adjourned.
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