Adoption of Committee Programme; Tabling of report on recommendation on overcrowding and Committee Report on prison visits

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
12 October 2004
COMMITTEE PROGRAMME: ADOPTION; TABLING OF REPORT ON RECOMMENDATIONS ON OVERCROWDING; REPORT ON PRISON VISITS

Chairperson:

Losperfontein Correctional Centre Statistical Data
Developmental and Care Programmes in the Rustenberg Area
Thoyandou Management Area: Weekly submission of unlock totals (October 2004)
Regional Commissioners of Limpopo, Mpumalanga and North West report on awaiting-trial prisoners
Possible unsentenced prisoners in custody for more than three months
Area Commissioner Polokwane: Business profile
Committee Programme, October to November 2004
Report Solutions and Recommendations to Prison Overcrowding

SUMMARY
The Committee received reports from Members who had visited various correctional facilities during the constituency recess. Members reported overcrowding, the poor state of facilities, large numbers of awaiting trial prisoners and problems with juveniles and mothers with babies in prisons. The Committee decided on certain follow-up actions to be launched which included unannounced visits to prisons and interaction with the Minister and Department of Correctional Services and the Department of Social Development.

The Committee also adopted a work programme for the fourth term of the Parliamentary session. The Chairperson presented a Report on the Recommendations on Overcrowding that will be considered by the Committee over the coming weeks.

MINUTES
The Committee considered its proposed programme and necessary changes were made to accommodate all Committee Members.

Mr J Selfe (DA) raised the issue that all the proposed prison visits in the programme were in the Western Cape.

The Chairperson explained that this issue was noted and that this problem existed due to budgetary constraints. However the budget for the following term had been increased to accommodate national visits.

The programme was placed before the Committee Members. Mr J Selfe proposed its adoption. Mr S Mahoate (ANC) seconded the proposal and the programme was adopted.

The Chairperson explained that the tabling of the Report on Recommendations on Overcrowding would not be discussed that day and the Committee Members should read the report and debate amendments and corrections in future. Amendment and corrections should be submitted to the Committee Secretary.

Committee report on prison visits.
Mr L Tolo (ANC) explained that he visited prisons in the Limpopo region. Overcrowding was the predominant problem here as cells meant to accommodate 20 inmates housed up to 71 inmates.

He stated that his visit to Tzaneen revealed that the conditions in the prison were bad as the prison was 50 years old. Even the warder facilities were in a bad state.

His visit to Polokwane revealed that the prison was badly overcrowded. He had discovered a 14-year-old juvenile in the adult section. The officials stated that his record indicated this juvenile to be 19 years old. Mr Tolo suggested that the parents of the juvenile be found.

The Chairperson had accompanied Mr Tolo on his visit and added that it was the first time he had witnessed overcrowding to this extent. A single cell housed nine inmates and the sewage pipes had burst. Thohoyandou prison is 310% overcrowded and mothers with babies in prison were in a bad state. Even the facilities for Service Members were unbearable.

Mr Tolo added that mothers with babies in prison did not even have baby food for these children.

Mr C Morkel (DA) asked if funds were available to solve this problem as a solution was necessary. He asked what the strategy for finding a solution would be.

The Chairperson stated that the Committee should focus on its responsibilities as this would solve these problems.

Mr Morkel suggested that the Department should submit its plan of action and the stipulated period for a solution.

Mr S Mahote (ANC) explained that he attended community meetings and that he would submit a report on his findings.

Mr S Moatshe (ANC) explained that he had accompanied the Minister on his visit to prisons in the Rustenberg area. The number of awaiting trial prisoners had been reduced. Staff raised concerns that they were regularly being brought to trial by inmates on ridiculous charges.

K-unit in Britz was meant to hold 35 awaiting trial juveniles; however due to being understaffed they only held 25 juveniles. Some juveniles were awaiting trial for longer that a year.

Mogwasa Prison was overcrowded. This prison serves as a halfway house where inmates were monitored to be classified. There were no activities available to inmates. Some 23 awaiting trial prisoners were in prison for longer than a year because they could not afford bail.

Rustenberg juvenile detention centre was 60 percent overcrowded and therefore not as bad as other facilities. Learners were registered for courses such as Adult Basic Education and Training (ABET), college courses and skills development such as wood and metal work. Recreational activities such as sport, arts and culture were available. Library facilities were available also. Inmates ran HIV programmes and an external organisation assisted to boost inmate moral also. Psychological treatment and religious instruction were available to inmates. Agricultural and production workshops were held.

In Losperfontein prison, it was found that there were no permanent nurses; however two volunteer nurses were on staff, which raised the question why these nurses could not be employed permanently.

In Britz prison, conditions were found to be in a bad state and were badly overcrowded. Many prisoners were jailed because they could not afford to pay their fines.

Mr Tolo asked if Mr Moatshe had come across any woman with babies in these prisons. Mr Moatshe answered that he had not come across any female inmates on his visit.

The Chairperson asked about the discipline and respect shown to Committee Members by Correctional Service members in this area. Mr Moatshe answered that no problems were identified on the surface but issues did exist.

The Chairperson asked if staff members raised any urgent matters. Mr Moatshe answered that they had no urgent complaints and that they seemed happy.

Mr M Phala (ANC) asked if any hard labour had been witnessed. Mr Moatshe and Mr Tolo answered that no hard labour had been witnessed.

The Chairperson stated that prisoners asked if they could work to overcome their boredom and that he would raise this matter with the Department.

Mr Morkel suggested that a co-ordinated policy on prison labour be implemented and that perhaps the Committee should focus on this issue.

Mr Moatshe noted that inmates requested to be transferred to prisons closer to their families.

Ms Chikunga (ANC) explained that she had visited Hendrena, a place of safety and Baberton Prison with the intention of inspecting if the White Paper’s recommendation were implemented, the reasons behind the strike and the detention of juveniles.

On arrival for the interview with the Area Commissioner, Ms Chikunga found that they were not prepared for her, they had not prepared a structured report, there were no shop steward on duty to be interviewed and that their Care Programme Official was not available for a meeting.

It was explained that funds for overtime were available for Sundays and Saturday overtime would be paid with a day’s leave. She discovered later that this was not entirely correct and that discrepancies existed.

Three nurses were suspended due to their involvement in the strike even though they were short staffed on nurses before the strike. Adequate administration staff was available to run the prison.

Rehabilitation was hampered by overcrowding due to long awaiting trial periods. Education programmes, computer classes, sports and recreation, life skills arts and craft facilities were available. Even though they are not allowed to sell the products of the arts and crafts facilities, these products which should have been produced were not visible. This was a matter of concern. She requested a full report that had not yet been made available to her.

In the Hendrena Place of Safety, 35 beds were available; however only 14 awaiting trial juveniles were held there. A good relationship existed between officials and inmates. The manager’s post, nurse’s post, drivers post, administrator’s post and groundsperson’s post and the posts of two childcare workers were vacant. According to the Department of Social Development the institution is to be outsourced and therefore was operating on a small budget with a skeleton staff. This caused that no supervisor was on duty weekends and many facilities were wasted.

Ms Chikunga recommended that a report should be requested from the Department of Health and the Department of Social Services in Mpumulanga explaining the status of this institution and also to finalise the issue of outsourcing.

Mr Selfe asked why so many posts were vacant. Ms Chikunga responded that it was due to the intention to outsource.

The Chairperson expressed concern with the Baberton prison officials not being prepared for the Committee Member and stated that a letter of objection will be sent to the relevant parties as this shows a lack of respect for the Committee’s authority. A report on childcare facilities should be handed to the Minister and the Department of Social Development and the Portfolio Committee. It was suggested that the sale of arts and crafts products be discussed. The disciplinary hearings of the suspended nurses should be accelerated so that their services would be available.

Mr Morkel expressed concern with the recommendation that the Hendrena facility be transferred to the Correctional Services Department.

The Chairperson agreed and stated that this facility was under Correctional Services supervision before 1994 and thereafter it was decided that it should be managed by Social Development.

Mr N Fihla (ANC) stated that the lack of Reform Schools nationally was a serious problem.

Mr Morkel reported that he had followed up with the Department of Minerals and Energy on the suggestion that the Hot Water Springs should be utilised to reduce the energy cost of Drakenstein Prison and encouraged the Committee to consider the Chrysalis Institute as a case study for the proper use of training facilities.

The Chair thanked Mr Morkel for his recommendation and encouraged Committee Members to identify facilities in their respective areas that could potentially be used as rehabilitation facilities.

Mr Selfe noted that during a planned visit to Pollsmoor Prison that the Head of the Prison was not prepared for his visit - a similar problem as experienced by Ms Chikunga.

Mr Morkel suggested that perhaps the Committee should have a pre-planned schedule where Committee Members could visit correctional facilities.

The Chairperson encouraged this type of action and initiative by Members.

Ms Chikunga asked if Committee Members could make unexpected visits to these institutions. The Chairperson encouraged the Committee to make unexpected visits.

Mr Phalli (ANC) had visited Police Stations during the recess and would hold his report for a more appropriate time.

The Chairperson asked the Members which prison they suggested SCOPA should visit for their budgetary inspection. He recommended Barberton Prison in Mpumalanga and the Committee agreed with this suggestion.

The Chairperson requested that Members follow-up their reports on an individual basis.

Mr Morkel suggested that it would be more economically viable for individual Members of the Committee to attend these scheduled visits rather than the entire Committee.

The Chairperson visited the Kroonstad Prison and investigated a complaint where a female inmate was the mother of a three-month-old baby even though she had been incarcerated for three years. Upon investigation it was revealed that whilst kept in police cells in Smithfields for two years, she was raped by three Police Officers. The Chairperson initiated a case of rape. On 30 September, a black youth was beaten to death by five white youths. These youths were released on R3 000 bail each. A juvenile was incarcerated for the alleged theft of five chocolates without being granted bail. This raised a concern that magistrates were not attempting to decrease the number of awaiting trial prisoners by granting affordable bail.

Ms Chikunga expressed concern about the HIV status of the victim and perpetrator in the rape case as the case was not initially reported.

The Chairperson stated that he had reported the rape to the Commissioner of the Police and that he demanded that charges be laid against the accused policemen and that they be arrested.

Mr Morkel suggested that previous female inmates in these police cells should be interviewed to investigate the possibility of similar previous incidents.

Ms Chikunga agreed with Mr Morkel that previous female inmates at this Police Station be questioned.

The Chairperson suggested that the Committee spend a full day interacting and questioning female inmates and that Committee Members involve the media in these visits. Prison staff should also be interviewed in these visits to identify their concerns.

The meeting was adjourned.