Regional Commissioner Reports

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
24 August 2004
REGIONAL COMMISSIONER REPORTS

Chairperson :

Commissioner's Gauteng region briefing
Commissioner's Limpopo, Mpumalanga and the North West regions briefing
Commissioner's Free State and Northern Cape regions briefing

SUMMARY
The Regional Commissioners of three regions briefly presented on the state of their prisons. Financial restraints, disciplinary issues and overcrowding in prisons were the main concerns. Training was mentioned as a major objective of the department. The Commissioner expressed concern with dismissal of 130 service members. Minister Balfour made a surprise visit and explained that the previous day had been a trying one for the Department.

The Committee Members generally questioned overcrowding and the dismissals of employees as a result of engaging in an illegal strike. The issue of anti-retrovirals, black economic empowerment and gender equality was discussed at length. They expressed concern with juveniles in jail and the length of time for awaiting trial.

MINUTES
The Chairperson opened the meeting and welcomed the National Commissioner, the three regional Commissioners and their delegation. He urged the delegation to interact with the Committee Members as much as possible. He asked the Committee Members and members of the delegation to introduce themselves.

Commissioner L Mti briefed the Committee on the events of the previous evening. He stated that it had been a trying evening as a member of service had committed suicide, Mr Tereblanche had violated his parole and four prisoners had attempted to escape. Their attempt had failed but a service member had been killed in the process. He continued that a fire in Pollsmoor Prison had killed three prisoners and seriously burned another three.

The Chair warned the Commissioner that the Committee would be strict on discipline and refused to accept an apology by late members of the delegation and welcomed Minister Balfour who made a surprise visit.

Minister N Balfour mentioned the events of the previous evening reiterating that Mr Tereblanche had violated his parole. He expressed concern with what had happened at Pollsmoor Prison and stated that he would be visiting the prisoners in hospital. He agreed that discipline was an important issue noting that he had surprised members of the service who had been neglecting their duties and had reprimanded them. He stated that there were however good men in the service. Finally he urged the Committee to grill the members of his staff as this would set off a domino effect.

Gauteng Regional Commissioner briefing
Commissioner S Mlombile stated that his presentation would cover the budgetary programmes of his department. He stated that administratively the budget would be balanced by the management of overtime expenditure. This reduction of overtime had recently lead to strikes that in turn had caused the dismissal of 130 employees. This had caused staff shortages. He also mentioned the training of members, security in prisons and the problem of overcrowding. Juveniles were mentioned as a priority matter. He highlighted also problems with the care of prisoners stating that solutions were difficult. Finally the after-care of parolees was briefly mentioned.

Discussion
Mr J Selfe (DA) asked if attempts had been made to speed up the justice process in order to reduce the amount of awaiting-trial prisoners in terms of section 63A of the Criminal Procedure Act. He asked if development of prisoners should be made compulsory to reduce the amount re-offenders?

Commissioner Mlombile answered that overcrowding figures had been exaggerated as renovations had slightly reduced this problem. He stated that attempts to speed up the justice process had indeed been made. He answered also that the issue around the development of prisoners was a challenge and that an answer would be presented to the Committee after investigation.

Mr E Xolo (ANC) asked if an overly abrupt decision had been taken with the dismissals, if the Commissioner had any further involvement in the appeal of the dismissed strikers and what the reason for their strike was. He asked if the Commissioner had ever sat down with social workers, prosecutors and magistrates to consider an attempt to avoid overcrowding?

Commissioner Mlombile replied that attempts had been made to ensure a fair process with regard to the dismissal as the Department was aware of the hardships faced by the staff with the reduction of overtime. He believed that the decision was not abrupt and that it had been an independent process in which he had never interfered. He stated that attempts had been made to work with the Justice Department to reduce overcrowding.

Ms L Chikunga (ANC) asked what needed to be done and how would it be done in an attempt to reduce overtime and if anything would be done to increase the supervision of prisoners. She asked also how much money this would save. She enquired if figures on how many officials were corrupt were available and if something had been done. She asked what the strategy for the recruitment of professional staff such as nurses was. She enquired what had been done to balance the gender imbalance in the Correctional Services?

Commissioner Mlombile replied that steps had been taken to improve supervision such as increasing routine checks. To prevent overcrowding, steps would need to be taken to remedy the problems in the communities of South Africa that create these violent criminals. He stated that measures to reduce overtime had been taken for example, time off would be granted instead of overtime paid. Head office had previously dealt with corruption and this would be brought to regional level. He answered that normally they attempted to adhere to the Employment Equity Act but admitted that much needed to be done.

Another member of Commissioner Mlombile's delegation commented on the issue of nurses, saying that the remuneration offered was not enough to attract nurses to the service.

A Committee member asked if Correctional Services staff received training internally or externally as the staff members may have been influenced externally in the case of the strike. He wondered what had happened to the discipline in prisons. He commented that during his pre-1994 political detention, discipline, security checks and supervision had been greatly in evidence.

Commissioner Mlombile answered that he doubted whether there was any more discipline before 1994 for the general prison population . He suggested that perhaps this discipline was experienced exclusively by political prisoners. He stated that the Correctional Services were committed to finding solutions to the discipline problems. He stated that the Correctional Services staff had been trained internally and he doubted that that these discipline problems originated outside.

Mr M Moatshe (ANC) asked for an update on the escapees and also asked for a numerical value for the statistic of two percent of nurses mentioned earlier. He enquired why anti-retrovirals were only available in Johannesburg prisons and asked if juveniles would be educated in prison?

A member of the Correctional Services delegation stated that they had struggled to convince the Department of Justice to speed up the process of awaiting trial prisoners. They experienced great difficulty in determining if a prisoner was a juvenile or not.

Commissioner Mlombile stated that 15 escaped prisoners were still at large and promised that a thorough investigation would be held. He did not have with him the numerical value of the nurses. Access to anti-retrovirals was limited to the availability at public hospitals. Investigation on the escape was still in progress.

A Member asked if any of the new generation prisons were available in their region and if enough teachers were employed to teach prisoners?

Commissioner Mlombile answered that a shortage of teacher was experienced.

Mr L Tolo asked why the guards had been toyi-toying?

The Commissioner stated that these guards had not been fired for toyi-toying and were fired for striking illegally and having defied lawful instruction. The officials were striking in protest of the reduction of overtime.

Mr S Mahote (ANC) asked why there was not a contingency plan in place for the strike and for an update on the escape investigations.

Free State and Northern Cape regions briefing
Commissioner Modise briefed the Committee on the conditions of prisons and related matters in his region. He briefly mentioned their achievements and financial restraints. On the issue of prisoner care he highlighted religious instruction, HIV AIDS, health, education and training. He identified the problems such as overcrowding and the safety and security of inmates. Thereafter he mentioned the intervention taken to curb escapes and the anti corruption strategy. The budget was discussed in detail.

Discussion
Mr Xolo asked what had been done to educate the community to accept ex-prisoners. He asked which areas would be taking part in the exhibition being held in October. He also asked what would be done to correct the financial administration problems experienced.

Commissioner Modise answered that the Department formed part of the crime-fighting agency and safety forums within the communities and that is where community education takes place. Officials played a significant role in ensuring that the community would be orientated towards accepting ex-prisoners. Members in Kimberly and the Northern Cape would be taking part in the exhibition.

A Member asked what would be done to address the violence problem in prisons?

Commissioner Modise answered that a strategy was in place and is working somewhat. Violence occurred after lockup and therefore would be difficult to prevent.

Mr S Mahote (ANC) asked what the criteria was for granting parole and asked also what had been done to prevent re-offending?

Commissioner Modise confessed that the facilities for developing and training the juveniles were hopelessly inadequate as these facilities were built to house convicts. He stated that they were working of this.

Ms Chikunga asked what the money granted for the treatment of HIV had been used for, as she was concerned with the fact that in some prisons anti-retrovirals were available and not others. She asked also if the anti gangsterism recommendation in the White Paper would be implemented?

Commissioner Modise answered that the Department had a small budget to address this however the Department of Health has limited resources and that the small budget granted is not nearly enough. He stated that gangsters were identified and sent to prisons better equipped to deal with them. All gangs however did not originate in prison. Senior managers and NGOs would work together with the common objective of bringing about the conditions set in the White Paper

Mr C Morkel (DA) asked for clarity on the issue of race ratios in the Correctional Services and asked how the irregularities would be addressed?

Commissioner Modise answered that his staff complement was almost full and therefore little could be done. He added also that posts were filled according to head office guidelines.

The Chair agreed with what was said and expressed concern with juvenile prisoners. He promised that action by the Committee would be taken soon. He was concerned with the lack of black economic empowerment in the previous presentations.

Limpopo, Mpumalanga and North West regions briefings
Commissioner Tshivase presented briefly the achievement and problems faced in his region. He stated that they were planning to implement a BEE strategy that was considered to be a challenge. The problem of attracting staff was blamed on not being able to offer an attractive salary. He identified officer loyalty as a serious problem as it aided escapes. He mentioned that cultural diversity obstructed the Department in achieving their goals. Finally he provided statistics to highlight his presentation.

Discussion
Mr Fihla (ANC) commented that the Commissioners were good leaders and should continue their work and assured the support of the Committee in future.

Mr C Burgess (ID) asked about the roles that the commissioners had played in consulting with other departments in the cluster group in order to deal with problems across the departments?

Commissioner Tshivihase stated that interaction with other Departments had been attempted.

Ms Chikunga asked for a report on the illegal strike that had taken place. She asked what had happened to the system of employing nurses on condition that they would be contracted to the service for a period of time. She also enquired about what has been done to orientate communities to be more accepting of parolees?

Commissioner Tshivihase answered that the nursing employment contract no longer happened but it would be looked into.

Mr Moatshe expressed concern with the parolees violating parole and infants in jail. He asked if anything would be done to make prisoners more productive such as workshops making furniture.

Commissioner Tshivihase stated many parolees preferred serving out their sentences as they would not be able to support themselves. Babies in prison were a problem - the policy on this was that the child would stay in jail with the mother until the child was five years old. Attempts were made to send these children to crèche twice a week to acclimatise these children to a normal life. He stated that workshops such as these were too expensive in most cases.

Mr Xolo commented that the Judge presiding over the Tereblanche parole case should be reprimanded and asked how the community would be educated to accept ex-prisoners?

Commissioner Tshivihase's answered that community education was being attempted along the lines of those efforts that the previous commissioners had mentioned.

The Chair agreed that prisoners would need to be productive. He suggested that the staff member who had smuggled a gun into prison to aid an escape be made an example of.

The meeting was adjourned.