Overcrowding in Prisons: Joint Cluster briefing

Meeting report

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
20 October 2004
overcrowding in prisons: JOINT CLUSTER BRIEFING

Chairperson: Mr Mokoena (ANC)

Document handed out:
Overcrowding - A solution Oriented Approach presentation

SUMMARY
The NPA (National Prosecutions Authority), the Departments of Safety and Security, Social Development, Justice and Constitutional Development, Correctional Services, and the Legal Aid Board (LBA) and the South African Police Services (SAPS), together make up the Justice Crime Prevention and Security (JCPS). They gave a joint PowerPoint presentation on the issue of overcrowding in prisons, police cells and safety houses, focussing particularly on the problems of detainees awaiting trial. Delegates from all groups were present, and Mr Pieter Durant of the Department of Justice presented after Deputy Minister Gilwald’s introduction. Members then asked questions and emphasised the importance of the cluster groups working together. The training of detectives, alternative restorative justice sentencing, bail applications, the problem of detainees awaiting trail and juvenile offenders, as well as funding, were also focused on. The Joint Cluster agreed to report back to the Committee in early February 2005.

MINUTES

Joint cluster briefing
Department Deputy-Minister, Ms Cheryl Gilwald, stressed that the treatment of prisoners, particularly juveniles, was an index of a country’s human rights status, and that integrated governing systems worked best. Government as a whole should be accountable, and responsibility could not be shifted between departments. Integrated governments required effort and protocols for interaction.

There were too many awaiting trial prisoners, with no space for rehabilitation in some programmes. Making parole regulations more stringent was illogical, given the problem of overcrowding. A holistic response focussing on rehabilitation and human rights was needed. When she told a British Commissioner that the average South African prison sentence was 9 years and 2 months, he was aghast at how long the term was. Assets and infrastructure were degraded by overcrowding and it raised maintenance costs. Overcrowding led to compromised health which also raised medical costs. She stressed that it was impossible to stamp out crimes even in the most policed situations; more emphasis needed to be given to societal values.

Mr Durant stressed the importance of integrated government and cluster co-operation, as well as modernisation. The JCPS was comprised two committees at the national level, a Joint Committee that dealt with operational issues, and the Development Committee. At a local level, there needed to be further representation of other departments, such as transport and health. He presented on trends in sentencing and detention, and on the interventions against overcrowding adopted by various groups in the cluster. The IJS (Integrated Justice System) was developing an Incarceration Trends Reason Project in order to predict prisoner numbers, and to build the capacity of the Department to handle data continuously. The SAPS’ Operation Crackdown had resulted in large-scale arrests. Bail conditions had been made more stringent and minimum sentences for certain crimes had been instituted after a public outcry. All this had added to overcrowding. ‘IJS Forums’ involving the SAPS, the Directorate of Public Prosecutions, magistrates and the High Court President, were held at national, provincial and area levels monthly.

After the presentation, the Deputy Minister left to attend a Cabinet meeting. The Chairperson spoke of noteworthy cases, such as that of a woman jailed for five months for insulting her neighbour.

Discussion
Mr Shiceka (ANC, Gauteng) said that new methods were required as traditional ways were insufficient. Regarding supervision, when an inmate was released, no rehabilitation was offered outside. What structures could be put in place to address this? Should the functions of the CPS (Community Police Services) be broadened? There was a regrettable lack of interface between formal and "indigenous" courts. Mr Durant responded that they were learning from indigenous courts about more restorative justice, and were exploring alternative dispute legislation. There were new parole boards where other departments would play a role. The Chairperson asked if the Chairpersons of these boards had been appointed. Mr Khambule said they would be by January 2005.

Mr Shiceka argued that prisoners due for release should be made more employable, as ex-convicts found it very hard to get work. Communities should engage and become conscientised to be less reactionary.

Mr Khambule, the Deputy Commissioner of Correctional Services, said that a special programme, called "Aftercare" gave market-related training, and looked at the backgrounds of where prisoners came from. He agreed with the need for support structures after release.

Mr Mzizi (IFP, Gauteng) asked whether overcrowding was most prevalent among the convicted or those awaiting trial. Mr Khambule said overcrowding occurred in both areas. Mr Mzizi asked about those who could not pay fines. Could the Commissioner of Correctional Services recommend to the Director of Prosecutions that the fine be reduced? He asked for clarification regarding the proposal to cope better with postponements through electronic technology. Mr Durant replied that video-conferencing between the prisons and the courts would cut down on travelling time and expenses. Pilot schemes were operating.

The Chairperson asked the Commissioner for a five-year projection of the overcrowding situation. Mr Khambule said they did not have a scientific tool for projections, only historical trends and precedents for guidance.

Mr Le Roux (DA, Eastern Cape) said there appeared to be no shortage of plans, but were there funds to implement them? When would the four proposed new prisons be built? What was the situation of repairs to existing prisons? What inmate tracking technology was in place? Mr Khambule responded that building would begin next year and take between 18 and 24 months.

Mr Ntuli (ANC, KZN) agreed with Mr Shiceka that community should become more involved. The CPFs (Community Policing Forums) should extend their mandate beyond policing. What could be done to make magistrates visit communities more? Government should do more to prevent ex-prisoners from returning to jail.

The SAPS agreed that CPFs should be a security cluster issue, and not just about policing. Mr Groenewald from the SAPS noted that it was important to distinguish between the CPF (Community Policing Forums), established under the Police Act (now under revision), and the CSF (Community Safety Forums), established in terms of local government.

Regarding the CPFs, Mr Durant noted that government needed to work towards a community justice system. They should publicise the workings of justice at ground level through popular media like radio. He agreed that magistrates should visit prisons nationwide. The Chairperson also endorsed this.

Mr Adams said that courts had previously been reserved for bail applications before noon, preventing imprisonment because of bail application postponement. Could a special court be set aside for this? Mr Durant replied that IJ (Integrated Justice) centres set aside reception courts to deal with bail applications in the mornings.

Mr Adams asked if new technology could help prevent cases being postponed because of lost documents. The Committee had the power to vote for more money. In Johannesburg civil courts, all documents were scanned, and police were now also scanning in documents at police stations. He agreed that funding was a problem.

Mr Worth (DA, Free State) noted that the long-term solution to overcrowding obviously did not lie in building more prisons. The general public was not bothered by the early release of women, children and the very poor, particularly since housing prisoners cost the government about R100 per day. Parole and rehabilitation were costly schemes. There were only four reform schools in the entire country, and that this had been the situation for ten years. Also, there were only 16 secure care facilities and these were not supposed to house children charged with crime. Funds and capacity were needed. Lack of funding had done away with the very useful Saturday courts, and so budgets should be re-aligned

A delegate from the Department of Social Services noted that there were problems with the integration of ‘diverted’ children. Regarding home-based supervision programmes, there was a problem of capacity with assistant probation officers. Regarding places of safety, they should instead focus on home-based supervision, al though serious offenders needed different treatment: The Department had motivated for more centres, but these were costly.

Mr Lumanga of the NPA commented that if a child acknowldeged guilt, s/he could be diverted. However, there were minimum requirements for diversion. A document entitled "Community Prosecuting" was being developed. More public awareness campaigns were needed.

Mr Worth (DA, Free State) pointed out that nine prisoners, four of whom were murderers, had recently escaped from prison as a by-effect of overcrowding. In general, only 36% of escaped prisoners were re-arrested.

Mr Moseki (ANC, North West) noted the capacity problem among magistrates. Also, many magistrates still had "reactionary mind-sets". There was also a lack of investigating officers. Mr Durant agreed that more magistrates were needed and they were looking into appointing more. Transformation of mind-sets was a needed part of the larger agenda of the transformation of the judiciary. Retention was a problem in prosecution and also in other areas, so they were looking into retention strategies.

Commissioner Sengai (SAPS) added that government officials had to do more community training. Regarding the quality of dockets, he added that detectives were being trained in the filling out of dockets. By the end of November, 600 more people would have been trained.

Mr Shiceka (ANC, Gauteng) said all present needed to agree on protocols and that the Public Works Department should also join the cluster as it maintained infrastructure. The Committee should meet with them to discuss issues of security. Regarding the postponement of cases due to lack of evidence, he noted that arrests without proper evidence angered communities. Regarding social services, social workers should attend those awaiting trial as well as inmates. When he had visited Limpopo, here were mentally ill detainees awaiting trial who clearly required attention. He asked if the NPA were using experienced prosecutors and how performance of judges and magistrates was evaluated? It was insufficient to guage it in terms of quantitative time spent. Also, why were there so few women detectives? More women detectives would make a significant change. Regarding marketing, the private sector should be brought in for this. High Courts should be established in Limpopo and Mpumulanga.

Mr Mzizi (IFP, Gauteng) said that prosecutors ought to ascertain, together with the police, whether dockets were ready for court. Also, dockets should be kept in safes to avoid cases being postponed and withdrawn because of lost dockets. He also raised the issues of cases dragging on because of people taking leave - how could this be circumvented?

The Chairperson noted that there was too little time for sufficient responses and asked when they should all meet again. Mr Durant said the JCPS had noted the questions and would respond, as a cluster, in writing by Friday. Ms Moodley, Department Deputy Commissioner, suggested meeting in early February to report back as a Joint Committee. The Chairperson accepted this proposal, as well as Mr Shikeca’s request that roll-out be addressed at the next meeting. The Chairperson also suggested that the cluster visit Canada next year to see how their systems operated.

The meeting was adjourned.