CGE Reports on state of shelters and welfare services for female offenders

Meeting report

CGE Investigative report on state of shelters in South Africa

Ms Tamara Mathebula, Chairperson, Commission for Gender Equality (CGE), introduced the presentation developed by the CGE research and legal teams on shelters in the country.

Ms Jamela Robertson, Chief Executive Officer (CEO), CGE, said the study on shelters in South Africa was done in 2018/19. Since then, the CGE had done two follow-up investigations in 2019/20 and 2020/21. The study was triggered by a complaint to the CGE on inadequate and misaligned funding to shelters.

Key Findings

During the public investigation hearing, the Director-General (DG) of the Department of Social Development (DSD) and the DG of the Department of Human Settlements (DHS) shared their key findings to the CGE following a fact-finding mission.

Key findings included:

• The provinces apply inconsistent budget allocation, administration and minimum standards requirements for shelters.
• There were no clear criteria used to determine if a shelter was adequately resourced, especially non-governmental organisation (NGO)-run shelters.
• Sexual harassment policies were not part of the set policies needed for funding. This was key, as survivors were often vulnerable and therefore susceptible to sexual harassment at the shelters.
• Male children over ten years were often neglected in shelters, and in some shelters, they were not accommodated. The Children’s Act of 2005 refers to a "child,” irrespective of sex or gender. To this end, failure to admit male or female children over ten years goes against the object of the Act to provide care and protection to all children.
• There were a lack of minimum standards providing for the needs of people with disabilities (PwD), the LGBTIQA+ community, and accredited skills development programmes to survivors at shelters.
• There were provinces such as Limpopo and North West that had only two shelters, which was viewed as inadequate.

The CGE noted some progress on these fronts in the follow-up investigations conducted.

Recommendations

The CGE recommended that:

a) The national DSD must develop effective and efficient mechanisms to accurately record funding allocations to shelters while standardising administrative practices in provinces.

b) The national DSD must develop the national policy and guidelines to adequately and uniformly resource shelters. While waiting for financing to be made available, all post subsidies for equivalent positions must be standardised across all provinces to avoid inequities between organisations and provinces.

c) The national DSD must develop a national policy providing for a minimum wage for house mothers. Subsidies for social and social auxiliary workers employed by non-profit organisations (NPOs) vary between 29% and 82% of entry-level salaries in the DSD. The gap between the DSD and NPO pay must be closed. It was thus recommended that an expert panel be established to find means to address low wages.

d) A costing exercise must be undertaken by the national DSD and Treasury to ensure that no subsidy was below the minimum wage. It was crucial that a way be found to recognise and include this sector with the National Economic Development and Labour Council (NEDLAC) so that its particular work circumstances were adequately considered when decisions were made that affect wages, employment and working conditions,

e) Shelters need to support most women’s needs in their entirety, including toiletries, food, clothing and travel to health and legal centres.

f) Although the Commission observed that there was a draft training and development framework by the DSD that would be ready after consultation with the relevant stakeholders, it was recommended that all post subsidies for equivalent positions must in the interim be standardised across the provinces.

g) Shelters must provide accommodation for persons with all types of disabilities including, but not limited to, deaf, visually impaired, etc

h) It was recommended that the national DSD finalise its plans to identify three existing shelters and pilot the LGBTIQA+ friendly model within six months and provide clear guidelines on the accommodation of LGBTIQA+ persons at the shelters

i) Shelter provision must be in accordance with the population and be offered in all municipalities as part of the DHS plan

j) The national DSD must host national and provincial consultative processes to implement and finalise all these recommendations.

In conclusion, the CGE sought progress reports from all entities that appeared, including the NDSD, on the implementation of the recommendations made in 2019. It stated that the progress report on the compliance was finalised by 31 March 2021.

Ms Robertson said the CGE was still working to follow up and assist public entities to respond appropriately to the needs of the population.

CGE research study on selected correctional services centres

Ms Robertson said that the selected correctional services centre study was conducted in 2017/18. The CGE was working with government entities to try and operationalise legislation in response to complaints. The research study examined the extent to which the Department of Correctional Services (DCS) was upholding the human rights of female inmates in their correctional facilities from a health perspective.

Six correctional centres were chosen to form part of the study. This number was due to the commission evaluating the resources it had available. Capacity had limited the number to ensure one person could be allocated per function, especially provincially. The CGE felt that they needed to be resourced to live up to their mandate. Among the informants interviewed were warders, social workers, psychologists, psychiatrists, nursing staff, nutritionists, medical doctors, and correctional centre managers and officials in the national DCS health directorate.

(See presentation for research methodology and limitations)

Research findings:

Johannesburg Correctional Centre

The CGE observed overcrowding of 59% at this facility, and aged infrastructure limiting water access and units for mothers and babies. The centre had reasonably acceptable standards for screening inmates when entering, including HIV testing, antiretroviral (ARV) treatment where necessary, and facilities for pregnant women and mothers.

 

Psychological treatments were available for inmates with depression, anxiety or struggling to parent behind bars. based on referrals. Social workers were available to assist inmates to cope during incarceration, to assist mothers and provide assistance for placing children in foster care.

The centre had comprehensive nutrition services and access for offenders with different dietary needs, though inmates complained about the poor preparation of food. Officials complained about work overload and working long hours, thus creating a reliance at times on NGOs for assistance. The CEO felt support was needed regarding capacity, as well as skills training for psychologists, psychiatrists and social workers.

Bizzah Makhate Female Correctional Centre

The centre was not overcrowded and was well maintained and clean, but the food preparation area did not have sufficient equipment and was not well maintained. The screening healthcare process was generally satisfactory, though inconsistencies were found in the application of the assessment procedures. Some inmates complained of receiving only an oral examination, which created a susceptibility to contracting infectious diseases amongst offenders. Challenges in healthcare included undetected pregnancies, defaulting on ARVs, and untreated sexual diseases.

Mothers had access to primary healthcare for babies but complained of the quality and insufficient access to milk formula and clothes. Nurses felt overworked, as many of the responsibilities of doctors working multiple centres in a region were placed upon them. Inmates had access to a wide array of specialists and treatments, including oncologists, optometrists and dentists.

The centre insisted that it provided and cared for all the needs of all offenders through the provision of a range of psychological services to cope where needed. However, some of the inmates were not aware of the psychological services provided at the centre. They felt mental health services were insufficient and were not taken seriously by nursing professionals. The centre psychologist felt overworked, and inmates could not always receive treatment.

Hygiene needs and the nutrition of inmates were catered for, though some inmates complained of poorly cooked meals. The centre indicated that the allocated budget was inadequate for the health and welfare needs of inmates. Officials often did not have access to equipment and supplies, relying on NGOs for the provision of medical equipment. Staff felt more posts should be made available to alleviate staff from being overworked. The CGE felt ongoing skills training should be included for all staff.

Pollsmoor Female Correctional Centre

The centre suffered from poorly maintained and ageing infrastructure, though the centre was kept clean. Most communal cells, especially those for remand inmates, were not in a good state of repair, although the single cells were in a good state. The centre had a major problem of overcrowding -- in some instances, single cells were accommodating three offenders at a time. Many inmates smoked, though prohibited, and smoking inside communal cells exposed other inmates to the dangers of “passive smoking”/second-hand smoking.

Referring to centre health programmes, she said there was access to an in-house doctor and nurses, though inmates felt the nurses were generally inaccessible, limiting medical treatments. Inmates also felt that access to hospital care would be granted only in cases of dire emergency, despite the insufficient medical access at clinics. Mothers had access to pap smears, antenatal care and postnatal care.

Inmates had access to psychologists and social workers. The poor quality of meals was complained about, as well as a lack of access to sanitary towels due to shortages.

Regarding staff capacity and skills, the centre complained of insufficient funds for resources and the overworking of staff due to a shortage of personnel. Though rudimentary training was offered, officials felt further training related to mental health and disabilities should be provided.

Recommendations

Concerning training and capacity building, it was recommended that the DCS carry out a skills audit of key personnel who worked directly with inmates to develop a clear and long-term skills development strategy. This could be done by approaching the Safety and Security Sector Education and Training Authority (SASSETA) for funding, and developing a training programme that would focus on gender equality and human rights.

The long-term skills strategy should be supported by the development of annual skills plans, with clear allocations of financial resources, and a focus on knowledge of how to handle the specific needs of female inmates.

That DCS must carry out a needs analysis of its centres to determine the optimal number of all professionals to carry out functions for the care of female inmates, especially their mental health.

To reduce overcrowding and the spread of communicable diseases, the CGE recommended that greater efforts be made to offer diversion programmes for women and juvenile offenders from the criminal justice system. The DCS should formulate a policy to regulate the supply and distribution of toiletries, including sanitary towels.

Discussion

Ms M Sukers (ACDP) referred to the defaulting on ARVs and said she had received complaints over the past two years from individuals living with HIV or sexual diseases regarding the stigmas they were subjected to, causing them to not seek treatment.

A major reason for default on the Department of Basic Education's (DBE's) school health project was that schools had claimed that specific incidents had happened which caused a young person to refuse to take HIV treatment, resulting in death. She asked whether additional research had been done on the lapsing of critical treatment, such as ARVs for people living with HIV and AIDS. She asked whether there had been any requests for this, as she felt it was a serious issue within the health sector.

Ms H Ismail (DA) asked for realistic alternatives to the DoH fiscus, to supplement funding to have efficiently run shelters. Regarding the investigative report's recommendations, she asked how their implementation had been accepted by stakeholders.

Ms Ismail asked to what extent the CGE collaborates with the judicial inspector at correctional services, and whether the relationship was proactive in providing solutions. When did the CGE expect to have an updated study on the report on the implementation of the recommendations at the shelters?

After a previous meeting with the Portfolio Committee on Social Development at which the recommendations were discussed, she asked how often the Committees met, the details of the recommendations put in place, and whether the CGE saw these recommendations being implemented.

Ms M Clarke (DA) asked for a provincial breakdown of state-run homeless shelters in South Africa and the total number of beds available in each province. She asked whether all state-run homeless shelters provided substance abuse rehabilitation; reintegration into society; obtaining identity documents and social grants; personal development plans; and short-term job opportunities via the Expanded Public Works Programme (EPWP) processes.

She asked how funding was allocated by each provincial government for homeless shelters. The CGE was asked for a provincial breakdown of LGBTQI+ friendly homeless shelters in South Africa. How many partnerships with NGOs were in place with provincial governments,  and what budgets were provided by all the provinces to assist NGOs? She asked whether the 2022 budget of the DCS made any concession to the recommendations, and what would be next for the CGE if the findings from the study were not implemented.

There was great urgency to ensure proper criteria were put in place in terms of minimum standards and the terms of reference to avoid a repeat of Life Esidimeni tragedy. Standard criteria for NGOs must be adhered to mitigate such outcomes.

On supplementary funding, Ms Clarke noted that Ekurhuleni did not have homeless shelters available for women, children, the elderly and poor citizens, and often asked for assistance from the City of Johannesburg in this regard.

She asked what shortages existed in correctional centres of social workers, psychologists, psychiatrists, and nursing staff across the board.

Mr P Van Staden (FF+) referred to the shelters for children, and said that around June 2018 provinces had experienced problems with provinces that did not pay financial grants to homeless children. He asked the CGE whether any provinces were still behind in allocating grants to these shelters, and how many shelters across the country were affected due to this. How many provinces were currently behind with the pay-outs of grants to children’s homes, and what was the outstanding amount?

Dr S Thembekwayo (EFF) said that as the DoH did not have direct oversight of shelters, what was the expected role of the Committee? Regarding the undertakings from the DoH in the study, had it delivered on its assigned responsibilities? If not, she asked the CGE to substantiate why.

She said there were more than 200 shelters and over 160 000 inmates in South Africa, so why had the CGE chosen the six correctional centres out of so many available? How reliable were the findings of the research, being based on only six correctional centres? She felt that the small number of participants from each centre may have caused the findings to have generalisations.

Dr Thembekwayo asked if the homeless shelter between Pretorius and Schoeman Streets in Pretoria had been visited. She asked what interventions the CGE would propose through extending their research to this shelter, which was in a bad condition.

Ms E Wilson (DA) felt disturbed by the presentation. The main duty of the Committee was to ensure that everyone, regardless of who, where or what their circumstances, got access to quality healthcare.

She said the Committee had conducted oversight at a facility in KwaZulu-Natal where inmates were held for mental observation before going to trial. The health of the inmates and staff was seriously compromised. She felt concerned when facilities were overcrowded and understaffed, as it put pressure on staff and inmates' mental health.

She said that the Portfolio Committees on Health, Social Development and Justice must meet to discuss these issues, and provide solutions for the way forward.

Ms A Gela (ANC) expressed concern for ten-year-old children who had not been accepted by the shelters. She asked why their acceptance was denied, especially when they required help. What was planned to address the shortage of shelters in rural areas? She said that shelters in these areas often attracted people who had been subjected to other issues, such as gender-based violence (GBV).

She asked whether the dissatisfaction expressed over wages in shelters had been reported to the relevant portfolio and provinces. On the differing budget allocation for shelters, she asked what the response had been to this, as well as on the shortage of staff. Had the presentation been shared with the relevant other departments, including the DSD and the Judicial Inspectorate for Correctional Services (JICS)?

Ms Gela asked the CGE to advise what the general uptake of the CGE recommendations by the affected parties had been. Based on the experience of the CGE, would it not be advisable to make the recommendations binding, like those of the Public Protector?

The Correctional Services Act of 1998 allowed the DCS to take full custody of all inmates under conditions of human dignity. Based on this, what were the expectations of the Committee?

Ms M Sokatsha (ANC) asked whether inmates with mental illnesses and psychiatric needs, who could not cope, were sent to a government facility managed by the Department of Social Development outside the correctional centre.

Mr T Munyai (ANC) asked the CGE if they had outsourced to a third-party organisation to conduct the research. If so, which organisation was responsible for the research done on behalf of the Commission?

He said the COVID pandemic had brought unprecedented consequences which had overwhelmed the public and private healthcare infrastructure overwhelmed. Some facilities in the private sector were overcrowded, and they had had to ask the public sector to assist in dealing with capacity constraints. He said that due to the lack of development on infrastructure, overcrowding was also occurring in the public facilities of education, hospitals and prisons. He noted this as a trend.

The matter of correctional service centres affected the provinces and all Members of Executive (MECs) of health in all the provinces. The aging infrastructure required many resources, and South Africa’s tax base was limited. He asked where the CGE thought the additional resources should come from.

Mr Munyai felt that the NGOs and NPOs were undermining the sovereignty of the county by receiving large amounts of money from foreign governments. He noted the provision of services in informal settlements such as water, electricity and access to emergency services.

He disputed the narrative that people being unqualified, or not understanding their rights, played a part in their imprisonment. He felt the skills profile of people in prisons should have been an element looked into in the research study.

He agreed that the report must be shared with the JICI and social services, as they were a key element in these health matters. He asked the CGE why the study was not conducted when the prison food supply was provided by Bosasa.

Overcrowding was a historic issue in South Africa dating back to apartheid times. The situation was in the hands of National Treasury (NT), which had not released the money to fund the plans for new prisons.

He felt that another meeting should be held to discuss the presentation in detail.

CGE's Response

Ms Robertson referred to the defaulting on ARVs and the stigma, that there were follow-ups to the research studies through the annual teaching plans (ATPs). The deliberations of the Committee considered progress on the matter each financial year. This was exemplified in the uptake of the Commissioner’s recommendations, where the 2019/20 and 2020/21 reports had recorded progress.

Regarding the influence of DoH, the CGE had looked into how the relevant departments could assist in the correctional centres study. The CGE involved key affected departments concerning the provision of certain services. A follow-up investigation had not yet been conducted for the correctional services study.

The CGE recognised the challenge of insufficient funds and the need for supplementary funding. It acknowledged the role of donors in providing funding for different services, especially during the unequal allocation of funding to shelters.

Ms Robertson said that another meeting should be held to brief the Committee on progress made in the shelters during the two follow-up investigations. There had been an update on the infrastructure required from the Department of Public Works and Infrastructure (DPWI). She acknowledged the struggle to implement recommendations, though felt encouraged by the progress observed thus far.

Where entities were dissatisfied with recommendations, reports and follow-up investigations were presented to them. Factors informing follow-up investigations depended on the contents of the study, where priorities were drawn up. The 2021 shelter report would not be the last investigation into the matter, as it was intended to be included in the CGE agenda as a research project.

Ms Robertson indicated that the homeless shelter in Pretoria was not part of the study. Samples were affected by the CGE's capacity constraints. It had been motivating for resources that would enable it to respond effectively to its mandate.

Regarding the impact of COVID on providing services, the CGE had conducted studies on the state of GBV in the country during COVID when compared to before the pandemic. She agreed that historically there had always been an overcrowding issue in prisons. The CGE had been mandated to find areas to improve. It was limited by its mandate which prescribed that it must monitor, oversee and report to Parliament on its findings.

The six centres chosen were to provide a rough sense of the concerns in correctional services across the country. Where themes of issues were identified in the correctional centres, it provided an indicator to look into the situation on a countrywide scale. The CGE had tried the best it could despite limited resources.

The CGE had noted improvements against the minimum standards in the follow-up reports. One of the reports had indicated situations where facilities had to use the equitable distribution model for funding, though they were unsure of how. The CGE emphasised a needs-based analysis for the distribution of funds to ensure equity. A blanket approach to funding often resulted in maintaining the status quo.

Ms Robertson said that the issue of pay grants had improved in the follow-up reports. She said certain questions that had not formed part of the initial study would be included in the follow-up investigations.

Ms Mathebula responded to questions on the small sample size and said that this had been commented on by other committees as well. The size was influenced heavily by budget limitations. The sample findings would provide a basis for the consideration of budgeting for follow-ups in other financial years. It was acknowledged that the study was not a reflection of everything occurring in correctional centres in the country.

Ms Mathebula said she had personally visited the homeless shelter in Pretoria, though that was not part of the scope for the initial study. The suggestion from the Committee to investigate that shelter would be looked into.

The CGE agreed that the request put to the Committee for a joint sitting with other affected committees and departments would be beneficial. She felt it should include the Portfolio Committees on Health, Social Development, Correctional Services, and Women, Youth and People with Disabilities. The CGE could present their findings, which would be taken as binding, as many partners and stakeholders had not seriously considered the recommendations.

Concerning the follow-up reporting process, the CGE said that reports were presented for their uptake by departments, partners and the CGE internally. The investigative report on shelters had a 2021 final report that spoke to the progress of the recommendations.

The Chairperson agreed with the recommendation to convene a joint portfolio committee meeting.

The CGE said that they were looking into key gender issues in the shelters from a prison perspective. It had noted a trend of slow uptake of recommendations by some departments due to their struggle to implement policies. They emphasised the need to look into populations excluded from the study, including people with disabilities, the LGBTQIA+ community, and the poor gender mainstreaming within the public and private sector.

The meeting was adjourned.