CGE Reports on Women Representation in Politics, Welfare Services for female offenders in correctional centres

Meeting report

The CGE Chairperson, Ms Tamara Mathebula, outlined the three CGE reports it had been invited to share the findings and recommendations with the Committee:
• The first report, titled Bound By Duty, is a research report conducted in 2017-18 which assessed the status of correctional services, in particular the health and welfare services rendered to female offenders in South Africa.
• The second report, titled Balancing The Scale, looks into female representation and participation in politics and governance from the 2014 elections to the 2019 elections.
• The third report looks into gender mainstreaming.

CGE Research Study on Selected Correctional Centres 2017-18
CGE Chief Executive Officer, Ms Jamela Robertson, explained the study assessed the health and wellness of female inmates in correctional centres in six provinces – Gauteng, Western Cape, Free State, Limpopo, North West and KwaZulu-Natal.

CGE researchers developed a set of semi-structured and open-ended interview questions to engage with the inmates and prison officials. Where possible, the researchers compiled supporting documents such as policy documents and annual reports. There were two key limitations in the study: 1. the lack of cooperation from officials at the centres in providing supporting documents; 2. due to the controlled nature of the prison environment, there was the potential for inmates not to speak freely when asked questions.

CGE found several concerns in the correctional centres such as ageing infrastructure, overcrowding, inmates lacking accessibility to nurses, pap smears, ante-natal care and postnatal care. To remedy overcrowding, CGE recommended diversion programmes for women and juvenile offenders from the criminal justice system. Additionally, CGE recommended that the Department conduct a needs analysis of its centres, to determine the optimal number of all professionals to carry out functions for the caring of female inmates.

Discussion
The Chairperson asked if CGE has shared the report with the DJCS as it outlines issues the department is responsible for. It would be unfair if the department has not been furnished with the outcomes. She said that the Committee would request a joint sitting with the Portfolio Committee on Justice and Correctional Services to be briefed on the state of the prisons.

She asked which of the recommendations in the report have been implemented so far.

She encouraged CGE to share the findings and recommendations of all its studies with the relevant departments for implementation.

Ms N Sharif (DA) said it was unfortunate that the reports have been tabled in Parliament only three or four years after their conclusion, as this made it difficult for the Committee to ensure adequate oversight is occurring and that the recommendations are being implemented.

She asked if DJCS is upholding the rights of inmates and warders in the correctional centres.

She indicated that the lack of cooperation from the staff in correctional centres towards CGE is suspicious and must be frustrating. She asked in which instances did the Commission not obtain cooperation and how much of a concern is this is for CGE.

She highlighted that the Commission did not provide a breakdown of the ratio of female to male warders. This information is important as many of the warders are not trained to provide minimum care to female inmates.

She raised her concern about the poor conditions at Pollsmoor Prison and called for the Committee to look into this. More effort should be made to ensure the dignity of women in the prison is upheld.

As drug abuse, violence and poor mental health continue to be issues for inmates in the centres, she advised that the DJCS focus on providing them with psychological assistance. One way of doing so would be to allow students majoring in psychology at universities to conduct their practicals in the centres.

The Chairperson added that prison warders should also be provided psychological support.

Ms Sharif requested that in future the Committee be provided reports timeously so that it can act on them immediately.

Ms P Sonti (EFF) asked for the CGE plan to improve the various challenges identified in female correctional centres, such as the food served to inmates and the training of warders to care for inmates.

Mr L Mphithi (DA) asked what action has been taken by the implementing agencies on the findings and recommendations of the report. When did CGE provide the report to the DJCS?

He asked for the view of DJCS on the report and how it intends to respond to the findings. The report will assist CGE in monitoring the strides made in creating gender equality in the country.

He highlighted that there are hardly any discussions on the assistance provided to frontline workers who have experienced difficulties during the pandemic. He advised that the Department of Health (DOH) to prioritise the mental health of frontline workers.

Referring to the report, he said that much of the issues raised are concerning and action must be taken by all stakeholders involved, on the findings. He also recommended that the Committee develop clear decisions on how it will take the reports forward.

The Chairperson agreed that action must be taken on the reports. She suggested that CGE must identify which department each report falls under, so that the Committee can make follow-ups.

Ms T Masondo (ANC) asked if CGE planned to conduct research on the correctional centres in the Northern Cape, Free State and Mpumalanga.

She asked if the holistic needs of people with disabilities (PWDs) in the centres are being met and if they have access to mental wellness facilities.

Ms Masondo asked if CGE has presented the report to the Ministry for Women, Youth and Persons with Disabilities in the Presidency.

She requested that CGE assist in drawing up a plan to improve the poor circumstances inmates find themselves in Pollsmoor Prison. She advised that the Committee follow up if DJCS has received the report.

The Chairperson indicated that the Committee will write to the Department and ask if it has received the report. If not, the Committee will forward it to DJCS.

Ms F Masiko (ANC) said that some of the challenges faced by female inmates were not covered in the Report recommendations, such as the lack of access to children’s clothing for inmates with children in the centres. She recommended that CGE look into the working relations between the Department of Social Development (DSD) and DJCS on this matter.

She asked if there is a joint programme with DSD to assist female inmates who were substance abusers prior to incarceration.

She also asked how far the DJCS is in implementing the recommendations contained in the report.

Dr N Khumalo (DA) asked if the semi-structured and structured questions were conducted in person.

The Chairperson asked how they acquired data during their research if the prison warders were non-cooperative.

Dr Khumalo agreed and said it is important to know how many individuals participated in the study and how many of them were inmates, so as to understand the weight of the data collected and its impact.

She asked if the female inmates are being provided with supplements during their pregnancy. It would be concerning if the children of the inmates were to be treated the same as them.

Mr S Ngcobo (DA) asked if CGE has shared the report with DJCS and if CGE has a method to monitor the implementation of its recommendations.

He also asked if CGE has any plans to undertake a study of other correctional facilities across the country.

Ms A Hlongo (ANC) asked if another study will be commissioned on this subject and if it will include centres in other provinces.

She asked if the female inmates have access to contraceptives in the centres, and if so, have they been made aware of their availability by the DJCS.

CGE response
Ms Jamela Robertson indicated that most of CGE reports have been presented to the relevant departments and Portfolio Committee (when requested).

The Chairperson asked that she be more specific.

Ms Robertson referred to the possibility of conducting a follow-up study and said CGE does conduct follow up studies on research and it is currently in discussions on formulating a research agenda.

On whether the inmate’s rights are being upheld, Ms Robertson replied that the human rights of the prisoners were violated in the various centres.

Ms Robertson indicated that slide 6 contained a table of the inmates and warders who were interviewed in the study. These interviews were conducted physically and included focus group discussions with the participants. The interviews were verified through the collection of relevant documents, which would have to support what had been said by the participants. Additionally, some observations were done to verify the information that was indicated by participants. She added that the researchers found that warders and inmates did not feel free to respond to certain questions, due to the possible repercussions. They also found that there were differing views from both the inmates and warders on the conditions and treatment at the centres.

She was unsure of how many of the recommendations have been implemented thus far, as no follow up study has been conducted. However, CGE will look into how far the departments have implemented the recommendations.

The Chairperson indicated that if the methodology of the study is flawed then the findings were flawed as well. She asked what methodology was used in the study.

Ms Robertson clarified that physical observations formed part of the methodology and were done to verify what had been said by the inmates. The researchers also compiled documents to verify the information received from the participants.

On the lack of access to children’s clothing, CGE recommended that the DJCS needs to have formal agreements with stakeholders that are supporting these centres, which outline how the stakeholders will support the centres. Furthermore, this would also help foster a sustainable relationship between them.

Ms Robertson requested that the Commissioners respond to the remaining questions.

The Chairperson said that as the accounting officer, the CEO must account to Parliament on behalf of her institution. Ms Robertson cannot defer her responses to the Commissioners, as she does not have the authority to do so.

She asked if there is a link between the research and legal units in CGE.

The CGE Chairperson, Ms Mathebula, indicated that the Report was presented to DCJS management officials in 2018. The Report was also presented to the Justice and Correctional Services Portfolio Committee in the same year.

On the reports being released to this Committee on time, she said that CGE would adopt the Committee’s advice and would look to include a schedule in its strategic plan for when reports should be tabled to committees in Parliament.

Ms Mathebula indicated that in the previous year CGE had planned to write to the Committee to recommend a joint sitting with the Justice and Correctional Services Portfolio Committee, where it would table the report.

Ms Mathebula agreed that mental health is neglected within correctional centres but added that this is also the case in other institutions, such as non-governmental organisations (NGOs). During the height of the pandemic, CGE hosted mental health wellness seminars, which also aimed to assist healthcare frontline workers. CGE does need to elevate its programmes to the public.

On the CGE research and legal units, Ms Mathebula replied that the Commission has established that it needs to set a clear research agenda. Further, the linkage between the research and legal units has not been strong. However, the Commission is looking at how it can strengthen the two units. This will also improve how it follows up on its recommendations and how investigations are conducted.

CGE Commissioner, Ms Lindiwe Ntuli-Tloubatla, said that CGE has taken note of the Committee’s recommendations and will look into them going forward. Further, CGE will look to expediting the time taken to table its reports to the relevant bodies and departments.

Further questions
Dr Khumalo asked for the ratio of warders who participated in focus groups versus those who did not as well as the ratio of inmates who participated versus those who did not.

She asked if CGE thought focus groups were the best method to obtain information from inmates and warders, considering power relations in the correctional centres. She suggested that in future, CGE should consider conducting research that prioritises privacy as an ethical consideration and as a methodology. This would assist in obtaining information from participants.

Ms Sharif asked if CGE has followed on implementation of the recommendations DJCS.

The Chairperson shared the Committee’s recommendation that CGE should table the report to the Departments implicated in the findings, which includes Health and Social Development.

She suggested that the Committee consider how to assist with the recommendation on providing psychological assistance to women with mental health issues. She encouraged CGE to do the same. She added that the Committee might have to invite both the Health Department and Portfolio Committee.

Balancing the Scales: Women’s participation in politics and government 2014-2019
Ms Robertson explained that in 2014 CGE selected six political parties (African National Congress, Democratic Alliance, Freedom Front Plus, Inkatha Freedom Party, Congress of the People and United Democratic Movement) represented in the National Assembly (from 2009-2014) for close assessment. CGE examined and analysed the gender composition of party nominations/candidate lists to determine the comparative proportions and placing of male and female candidates on the party lists (to assess comparative chances of male and female candidates for electable positions).

The study found that both the ANC and the Inkatha Freedom Party (IFP) had high representation of women on their lists, with the ANC achieving a 50/50 split, whilst the IFP had 48% female representation. CGE found that the ANC was the only party to adopt a voluntary quota policy in the country. There was a significant disparity in representation of women on the candidate lists of the Freedom Front Plus (27%) and the United Democratic Movement (31%).

Ms Robertson said that there is a lack of representation of women in the top leadership positions of the six political parties. To remedy this disparity, CGE recommended that political parties adopt voluntary quotas for women representation and participation. It also recommended that civil society lobby for quotas to be legislated in all areas of decision-making including electoral and political processes.

Discussion
The Chairperson said one disadvantage of the Report is that there is no recommendation for legislation to compel political parties to implement a 50/50 gender split in leadership positions, as the ANC has done. Efforts to ensure more female representation in the bureaucracy and political office will continue to be difficult in the absence of this legislation. Another challenge is ensuring that private sector companies employ women in senior management positions.

She asked if it is possible for Parliament to draft legislation that mandates gender parity in senior government positions. As women live in a patriarchal world, this legislation would assist them.

Due to time limitations, the Chairperson said the Committee would deal with the third report in a follow up meeting. She requested that in future, the Commission should come prepared with all the reports the Committee has asked for.

She asked the Office on Institutions Supporting Democracy (OISD) if it had followed up with the Office of the Presidency on the status of the application by two part-time CGE Commissioners for the full-time positions.

Mr Herman Tembe, Parliamentary Legal Advisor in the Office of Institutions Supporting Democracy (OISD), said that this matter has not been finalised but a response was received from the Presidency, which can be shared with the Committee.

Ms Masiko said that the issues affecting women cut across political party lines and she advised that political parties should not constrain their members from speaking about female representation in goverment. An example of gender misrepresentation occurred during the Local Government Elections, where the majority of ward candidates were male. However, she noted that Proportional Representation (PR) candidates were evenly balanced. More effort should be made by political parties to create gender equality in government. She suggested that Members take the report back to their respective political parties.

The Chairperson suggested that CGE consider promoting the need for legislation that mandates gender parity in government.

Ms Robertson replied that CGE is currently discussing the implementation of its mandate to initiate laws and agreed that this will be included in its Annual Performance Plan.

The Chairperson requested that CGE consider the promotion of this legislation as a legacy goal.

Ms Robertson indicated that CGE had, prior to the meeting, committed to this.

Ms Mathebula said that the Commission had noted the input from the Committee and would take it into consideration going forward.

On the ratio of male warders to female inmates, she said that the Commissioners will consult with the CGE researchers on this information, after which, they will provide it to the Committee.

Ms Mathebula confirmed that the Commission will allocate time to brief the Committee on the report it did not present during the meeting. In addition, the Commission will provide a report of a study that compared and contrasted female representation and participation in politics and governance between 2014 and 2021.

The Chairperson said that it would be a significant achievement for CGE to advise Parliament on legislation to ensure gender parity in government before 2024. This would benefit women greatly.

The meeting was adjourned.