Management Reports on Pollsmoor Prison Fires

Meeting report

CORRECTIONAL SERVICE PORTFOLIO COMMITTEE
9 November 2004
MANAGEMENT REPORTS ON POLLSMOOR PRISON FIRES

Chairperson:

Department Preliminary Investigation into fatalities of 23 August (dated 10 September 2004)
Department Preliminary Investigation into fatalities of 29 October (dated 1 November 2004)

SUMMARY
The Department presented their report on the two instances of fires at Pollsmoor Prison, Cape Town, in which six inmates had died. The Committee questioned the delegation on matters of clarification. The Committee was of the opinion that the officials at the prison could not effectively deal with the crises and encouraged the Department to prove otherwise.

MINUTES
The Chairperson welcomed the Chairperson of the Safety and Security Portfolio Committee, Ms M Sotyu; the Regional Commissioner, Mr Bongi Gxilishe; the Area Commissioner, Mr Cliffort Mketshane; and the management of Pollsmoor prison.

Regional Commissioner's briefing
Commissioner Gxilishe explained that the report dealt with investigations into the fire that had taken the lives on six inmates at Pollsmoor Prison. The fire had been started inside the cells by the inmates, but overcrowding and gangsterim had played an important part in the event. Staff shortages and corrupt officials were also a concern. The 'Personal Comments' of Investigating Officer X Simani read as follows in the report: "One has to determine whether the current circumstances in Admission Centre are not being manipulated by certain individuals to further their sinister motives in terms of making the Admission Centre ungovernable. This could only be established by an independent investigator that involves other statutory agencies of state security, taking into account the culture of the Department".

The Chairperson expressed that the Committee was disappointed with the leadership at Pollsmoor Prison and appalled by the two fatal fire incidents. The delegation was instructed to explain how the second incident could have happened, and motivate to the Committee why they were still capable of running the institution.

Discussion
Mr J Selfe (DA) asked how it was possible that in an ordinary management system, the Head of an Operations did not to know whether staff had arrived for duty. Why were there no members present in the A, B1 AND B2 sections of the prison on 22 October 2004?

The Commissioner stated the they had experienced staff shortages because of budgetary constraints. This had been especially so that weekend.

The Area Commissioner, Mr. C Mketshane, stated that the primary report had indicated that the matter had not been handled properly. Normally a standby list would have been used to avoid staff shortages. The Department had taken the usual steps of calling these standby members at 11 'O Clock that evening, but it had been difficult to locate members that time of night.

Ms L Chikunga (ANC) asked about the terms of reference for the investigating team and how this team had been appointed. What were the responsibilities of the Head of the Centre?

Commissioner Gxilishe stated that the institution did not have a Head at this time. Mr Scholtz was the Acting Head and he was currently on sick leave.

Mr Mketshane stated that the head of prison should be located inside the prison. His responsibility was to respond to all complaint and queries.

The Deputy Regional Commissioner, Mr James Smalberger, answered that the terms of reference were to report on this incident and determine its causes, losses for government, and to suggest measures to prevent re-occurrence of such incidents.

Mr S Moatshe (ANC) asked how often the cells were searched. As officials were usually aware which prisoners were gangmembers, what did they normally do with this information?. Had there been an external investigation on these incidents?

Mr Mketshane explained that searches were carried out every day. Almost 90% of inmates were gangmembers and therefore it would be difficult to separate them. The matter would be investigated by the SA Police Services (SAPS).

The Chairperson asked if the Committee could be given a profile on the victims. The delegation said they had profiled the inmates involved, explaining that the first incident had caused the death of three awaiting-trial inmates, and the second had caused the death of three sentenced prisoners. These victims had all been gangmembers.

Ms Chikunga explained that the Acting Head of the Centre was ultimately responsible. She could not understand how he could have been considered of an award for his actions in this incident.

The Commissioner stated that the official concerned had been suspended. The Head had been recommended for an merit certificate, and not an award, and the final decision would be taken by the Regional Commissioner. The merit certificate simply recognised his actions during the event as he had physically rescued inmates from the fire.

Mr Selfe asked why it appeared that no-one was aware that there were serious staff shortages that night. What procedures had been taken to ensure that absent staff were replaced.

The Commissioner stated that this would be possible due to the size of the institution, and the fact that the Head of the Centre worked through other structures such as the other Department Heads

The Chairperson stated that he could not understand the logic of awarding a merit certificate, as he was simply doing his job.

Mr C Morkel (DA) asked about the strategy for dealing with corruption and overcrowding, as gangsterism went hand in hand with these issues. Were inmates using religion to further the goals of gangs? He questioned that the reports did not mention the security equipment shortages that facilitated the smuggling of weapons and drugs.

The Commissioner agreed that the security equipment needed updating, and that they would look into this matter. They had plans to acquire X-ray scanners. He agreed that inmates had been abusing religious gatherings to further gang ends.

The Commissioner stated that they had been engaged in discussions with management to produce a strategy to improve the admissions section.

Mr C Burgess (ID) asked whether the Department was prepared to admit that Pollsmoor was experiencing a crises that they were unable to deal with. He could not understand why less officials were on duty over weekends.

The Commissioner stated the there was no crisis in Pollsmoor Prison, but only challenges to be addressed. The Department would restructure to a seven-day working structure that would solve weekend staff shortages.

Mr L Tolo (ANC) asked why merit award decisions were taken by the Regional Commissioner. The report mentioned that an official had been attacked. However, there was no mention that any other official had come to his aid. This question was not answered directly.

The Chairperson of the Portfolio Committee on Safety and Security, Ms M Sotyu, asked if there were strategies to avoid drug trafficking through inmates attending court. Had there been an independent investigation of such events? The Commissioner stated that both reports had been internal, and that external reports would be initiated.

Mr N Fihla (ANC) commented that the issue of gangsterism would first have to be dealt with before these problems could be solved.

A Member asked why there had only been submissions from two inmates and eight officials. Had other inmates been questioned?

Mr Molefe (ANC) asked why no action had been taken to prevent this incident as the Department had been warned before after the last fire. Had any counselling been given to those who had witnessed the incident? Were there mechanisms in place to avoid this happening a third time?

A delegation member stated that staffmembers and inmates who had requested counselling, had received it.

Mr S Mahote (ANC) asked why it had taken the Committee so long to receive the report of the first incident. Were the panic buttons in working condition? Were there external agencies, other than the SAPS, investigating these incidents?

Mr Mketshane answered that the Department was had nearly finalised the installation of panic buttons in all cells.

Mr M Phala (ANC) suggested that inmates who were sent to court should be separated from the rest of the prison population when they returned, in an attempt to avoid smuggling. Mr Mketshane stated that such inmates were separated as often as possible.

Ms Sotyu asked that all parties concerned stay on top of the investigation.

Ms Chikunga asked if there had been any training for newly appointed management. A delegation member stated that ongoing training was provided as informed by the White Paper.

Mr Morkel asked if there been any structures to protect 'whistleblowers'. The Commissioner stated that unfortunately whistleblowers were afraid. They had attempted to use a comment box where whistleblowers' tips could remain anonymous.

The meeting was adjourned.