Departments of Justice & Correctional Services: briefing
Meeting Summary
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Meeting report
JOINT MONITORING COMMITTEE ON THE STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS
3 March 2000
BRIEFING BY THE DEPARTMENTS OF JUSTICE AND CORRECTIONAL SERVICES
Documents handed out:
Department of Justice - Briefing by the Director General (Appendix 1)
Presentation by the Department of Correctional Services (Appendix 2)
SUMMARY
The Justice Department has established an Office of the Family Advocate in order to focus on the best interests of the children in instances of divorce. Pilot family courts are being set so that matters such as divorce and maintenance will be dealt with in a more sensitive way. The Office of the National Director of Public Prosecutions has created a special directorate to focus on issues of youth and children. The document Justice Vision 2000 addresses issues affecting children and youth. The Department committed itself to facilitating the rights of children contained in Section 28 of the Constitution. The UN Convention on the Rights of Children was ratified on 16 June 1995. The Department was responsible for assisting in drafting the legislation that created the Youth Commission.
The Department of Justice called for dispelling the notion that disabled people are not productive. Parliament has passed the Promotion of Equality and the Prevention of Unfair Discrimination Act which advances the rights of disabled people and the Justice Department will see to the fruition of those rights. The Department has put pressure on the Department of Public Works to build and upgrade the existing court structures to be accessible to the disabled.
The Correctional Services Department stated that in performing its tasks, it is informed by the Constitution, the Beijing Platform of Education, the Employment Equity Act and the Correctional Services Act. Since 1994 the Department has moved from a punitive approach to a rehabilitative approach. Prisons recognise the need to provide children with separate facilities from the main prison population and to ensure the education, rehabilitation and development of these young offenders. At prisons where youth offenders are in detention religious care programmes exist. All prisoners including the youth, children and disabled prisoners have access to health care within the prison and outside the prison environment. This includes provision of balanced diet three times a day and promotion of personal and environmental hygiene.
The Department applauded the fact that there are currently 192 NGOs offering services to young offenders and disabled persons. The Department announced that it does not have a specific budget for youth programmes, as well as for disabled persons as they are included in the overall budget for all prisoners. A draft policy on persons with disabilities has been presented to the management board and it is still to be negotiated in the Department's bargaining chamber. A sum of R337 500 has been given to the Disability Desk in the National Office and, whenever there is a need funds are always advanced to this desk.
Appendix 1: BRIEFING TO THE PARLIAMENTARY JOINT MONITORING COMMITTEE ON THE STATUS OF YOUTH, CHILDREN AND DISABLED PERSONS BY THE DEPARTMENT OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT 1. INTRODUCTION
Departmental Framework
1.1 The status of youth, children and the disabled requires the serious consideration of all stakeholders. To this end, the Department of Justice and Constitutional Development is committed to promoting programmes and policies in its sphere of operations that will give practical manifestation to the ideals and values contained in the Constitution and those international instruments and policies endorsed by the Government and people of South Africa, thereby placing a new emphasis in the justice system in all matters affecting them. In the process we are committed also to the building and strengthening of partnerships between state departments and organisations in civil society, both intra- and inter-sectorally, in relation to matters affecting the vulnerable groups in our society.
1.2 The Department views the interests of these vulnerable groups as so important that it has allocated specific functions and budgets to specialised divisions in the Department in this regard. For example, the Office of the Family Advocate was created by statute to promote the best interests of children and to provide advice to the courts during divorce cases. Noteworthy is that from 1 April 2000, the previous sub-directorate Child and Youth Affairs in the Department is to be upgraded to a full Directorate staffed by professional and knowledgeable persons in order that we can integrate the rights of the youth and children into the mainstream activities of the Department. The Office of the National Directorate of Public Prosecutions has similarly demonstrated its commitment to prioritise children, the youth and women by creating a Special Directorate that focuses exclusively on these matters in their line functionality. The question of disabled persons are dealt with by the Department's Chief Directorate dealing with Gender, Transformation and Equity matters. Furthermore at all courts matters pertaining to children in need of care are dealt with through childcare enquiries in a sensitive manner. Recently Family Court Centres (that is, a clustering together of certain functionalities at courts, away from the criminal sections) have also been launched in a pilot phase to deal with matters pertaining to divorce, maintenance, domestic violence and children's court matters in a more sensitive and effective manner. There is also a move towards the specialisation of court services to improve the conviction rates pertaining to certain crimes and in order to deal with, for example, crimes such as those relating to sexual offences in a victim-friendly and more sensitive manner. Training and skills improvement of all court officials are also receiving urgent attention through the activities of the Justice College and by inter-action with NGOs. Some of these aspects will be dealt with in more detail, infra.
1.3 It needs to be pointed out that though the Department has focused in the past in particular on improving the situation pertaining to women and children, the situation of the youth and the disabled remains challenges we are now starting to come to grips with.
Strategic Framework
Children
1.4 One of the focus areas listed in Justice Vision 2000 - the strategic framework of the Department - is the creation of a Justice System that is sensitive and responsive to the needs of children whilst remaining efficient and effective. The idea is to ensure that, as far as possible, children are insulated from the mainstream justice system. In this regard it needs to be pointed out that the Department is at present undergoing a process of re-engineering in order to focus our resources more effectively on our core functions and service delivery at our courts. In this regard we are very careful to specifically focus on the protection of all vulnerable groups in the re-organisation of our organigram and activities.
1.5 In addition to the Department's normal activities, the Department is also involved with facilitating and promoting the rights as contained in, inter alia, Section 28 of the Constitution, the Convention on the Rights of the Child, African Charter on the Rights and Welfare of the Child and other relevant human rights instruments pertaining to vulnerable groups such as children and the youth. The Department is also a core member of the National Programme of Action for Children (NPA) in South Africa which sets out action plans to achieve minimum standards for services to Children and Young people under the age of 18.
1.6 These international instruments and programmes are extremely important and some background is thus furnished in this regard. On 16 June 1995 the South African Government ratified the United Nations Convention on the Rights of the Child. In so doing the Government of South Africa committed its people to a new respect for all children, thereby placing a new emphasis on the justice system in all matters affecting them. A Steering Committee co-ordinated by the Office of the President has been formed and is tasked with the responsibility of co-ordinating the implementation of the National Programme of Action for Children (NPA) launched in May 1996. The Department is fully involved with this Steering Committee's work and is totally committed to the objectives of the NPA. This is seen as the structure that will give life to the provisions of the Convention.
1.7 In addition hereto, Section 28 of the Constitution, 1996 is another milestone for South Africa. For the first time in our country, children's rights are constitutionally protected. (Section 28 (1)(d), in particular provides that all children have the right to be protected from maltreatment, abuse, neglect and degradation.) The principles embodied in the Constitution, the Convention on the Rights of the Child and other human rights instruments underlie all legislative reforms and also administrative conduct.
Youth
1.8 In terms of the Constitutional obligation thereto, the Department was also instrumental in putting in place the legislation pertaining to the Youth Commission and all the other bodies/instruments required by the Constitution to assist with the protection of vulnerable groups in our society. The Department has also established a close working relationship with the Youth Commission.
Disabled
1.9 The Republic of South Africa to a certain degree, has only recently embarked on addressing and improving the disposition of this group by adopting an integrated approach in terms of the White Paper on an Integrated National Disability Strategy compiled by the Office of the Deputy President during 1997.
1.10 The dignity and rights of the physically challenged and the aged are, however, already entrenched in and protected by, the Constitution. Government departments and state bodies therefore have a responsibility to ensure that, in each of its line functions, a concerted and dedicated effort is made to ensure that physically challenged people and the aged are able to access the same fundamental rights and responsibilities as any other South African citizen. As will be illustrated hereunder, the Department is making great strides in formulating strategies and programmes to reach our objectives in this regard. The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, is an example of the Departments dedication in this regard as it also specifically focuses on the physically challenged and the aged.
Situational analysis pertaining to these groups from a Departmental perspective Children and Youth
1.11 Children and the youth become role-players in the justice system in the following circumstances -
· in situations of family conflict and breakdown
· as children in need of care;
· as victims of sexual and other kinds of criminal abuse; and as offenders.
1.12 The trauma experienced by the children/youth in these situations can be lessened by creating court environments which are child friendly and ensuring that officials who deal with children are sensitive to their needs and skilled in handling children. Our initiatives in this regard 5 illustrated, infra. In addition to the above, it should be noted that approximately 2000 children are in prisons awaiting trial. This is largely as a result of a lack of secure care facilities (a Department of Welfare functionality) and requires serious attention.
Disabled
1.13 One of the inevitable but questionable symptoms of most modern societies is more often than not an inability, or lack of pro-active initiative, to adequately address and protect the basic human rights of physically challenged persons and the aged, usually based on the incorrect notion and assumption that they, due to their incapacitation and/or age regardless of its extremity, are not productive members of society at large. The Republic of South Africa to a certain degree, is no exception to this and has, as was indicated above, only recently embarked on addressing and improving the disposition of these groups in terms of the White Paper on an Integrated National Disability Strategy, 1997.
1.14 Moderate to severe physical incapacitation in the South African society is currently estimated as ranging from 5% to 12% of its population, with a higher prevalence among poorer and disadvantaged communities; poverty most often being cited as the main cause. The vision of the Integrated National Disability Strategy as proposed by the White Paper aspires to elicit an altered ethos based on an equal, fair and accessible government at all its levels for everyone. This shift of focus in turn, obviously, requires an integrated approach in respect of all disability issues and care for the aged with regard to government development strategies, planning and programmes. Furthermore only co-ordinated management system planning, implementation and monitoring at all spheres of government, parallel with a process of capacity building and wide public education, will ensure the purposeful and successful realisation of this objective.
1.15 The Department of Justice and Constitutional Development, as one of the lead Departments in assuring the dignity and basic human rights of all citizens of the Republic, aspires to an unconditional commitment to realise the vision and objectives of the White Paper. It will therefore promote, encourage, nurture and highlight a partnership with the physically challenged and the aged as productive members of society, rather than adopting a policy of exclusion based on age or impediment criteria.
1.16 At present the vast majority of existing court buildings have no satisfactory facilities for persons with some or other physical impediment. However, since 1994 numerous efforts have been made in an attempt to provide facilities for physically disabled persons.
1.17 A profile of people with disabilities within the Department was done recently and is the most comprehensive we have done to date (see "A"). The profile reveals, amongst other things, the following:
There is a total of 91 disabled people in the department 37 are Black;
6 are Coloured;
6 are Indian;
42 are White;
54 are Male
31 are Female.
1.18 A questionnaire was furthermore sent to various Regional Offices in the 1997/1998 year with the aim of establishing the needs of people with disabilities in the department. From the responses received, some of the needs articulated seem to be needs that should be provided by the employer. These relate to improving facilities at the work place, such as provision of proper braille machines and computer equipment that would enable employees to perform their duties. These aspects are receiving attention.
2. PROGRAMMES
2.1 The Department is committed to transforming the justice system and courts in which children are role-players by, inter alia -
· creating appropriate physical environments with the use of brightly
· painted walls, murals and pictures, and soft, child-friendly furnishings; providing toys, books and television sets to stimulate children;
· capitalizing on educational opportunities presented by courts;
·keeping children separate from adult victims, offenders and witnesses selecting and appointing appropriate officials to work with children in courts;
·providing sensitivity and skills training to officials
·providing appropriate mediation counseling services;
·working in co-operation with non-governmental and community-based organizations which respond to the needs of children and families.
2.2 The Department has, as was pointed out above, a Sub-Directorate: Children and Youth Affairs that have as key functions the following -
·to integrate the rights of children and youth into mainstream activities of the Department by ensuring children's practical access to justice;
·to facilitate the implementation of Section 28 of the Constitution, the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and other relevant human rights instruments pertaining to children, in so far as it has a bearing on the Department's line functions;
· to facilitate the transformation of a legal system that is child sensitive;
· to develop a policy on the management of children/youth in the justice system;
·to monitor and facilitate the implementation of the National Plan of Action for Children
·to integrate policy development through the facilitation of organisational change to ensure that existing and future departmental policies/ Iegislation/ budget programmes, procedures and practices relating to service delivery is responsive to children's needs and concerns;
·to contribute towards the development and implementation of a national agenda to promote the protection of children/youth; and
·to facilitate relations between the Department and other State Departments, relevant constitutional bodies and civil society including NGOs and CBOs.
2.3 Regarding the NPA, it should be noted that the department is working closely with the Office of the President; especially pertaining to the initiative of the Children's Promise that was launched by President Mbeki on 19 April 1999. The Children's Promise is a unique fund-raising campaign that will support specific projects aimed at helping create a better future for the children of the next millennium. The objectives of the Children's Promise are to:
Establish national crisis centres providing for the holistic treatment of children in crisis and need
Extend TV education and life skills to schools in rural areas
Establish new telephone lifelines and train volunteers for children in trouble or danger
Establish national rehabilitation centres and safety nets for street children Help even more children through community-based organisations
Develop child friendly court environments in conjunction with the
Department of Justice
· Develop recreational facilities in poorer communities
Regarding the Promises to "develop child friendly court environments in conjunction with the Department of Justice", and to "establish national crisis centres providing for the holistic treatment of children in crisis and need", my Department in conjunction with the Children's Promise will be developing child-friendly courts and establishing national crisis centres country-wide. Singled out as a top priority is the need to adopt urgent measures to ensure support services within every court house. These include the one-way mirrors, closed circuit TV sets, advice desks, information packages, separate waiting rooms and other facilities which enhance child friendliness in courts and the training of service providers. These measures are being installed in courts to insulate vulnerable witnesses from more trauma through exposure to the accused or related stimuli. Closed circuit televisions and one way mirrors have been installed in approximately 180 courts countrywide, to protect witnesses under the age of 18 years who will suffer emotional distress if they testify in an open court. Such witnesses testify through an intermediary in a separate room adjacent to the court, arrangements are also made for children with disability to make use of a special sign language intermediary. My Department envisages expanding these facilities throughout the country and particularly to rural communities.
2.4 Awareness-raising is another important programme that has received attention from the Department. Examples in this regard are, inter alia:
The Children's Promise Trust hosted a business breakfast to create awareness on the Children's Promise amongst the business community. A media conference was held at the Pretoria Magistrate's Court, where the Deputy Minister and the Director-General publicly endorsed the Children's Promise and the need for children's courts.
Child Protection Week: This week began in the late 1980's, due to
concern regarding the high incidence of child abuse and was adhered to ever since. The Department of Justice, in conjunction with several other departments for example planned activities pertaining to Child Protection Week country-wide, during the week 31 May - 6 June 1999, with specific emphasis on 1 June 1999.
The theme of the week was: "I'm a Cool Kid Respect me, Protect me, Care for me, Educate me, Listen to me". Government departments took responsibility for specific sub-themes. The Department of Justice took responsibility for the sub-theme "Protect me". The Department developed posters, pamphlets and a colouring book called "Busi Goes to Court". This is an information booklet, in the format of a colouring book, which explains all the procedures children will encounter within the criminal justice system. It also explains the roles and duties of the various court officials.
2.5 Training at Justice College: In conjunction with Justice College, the Sub-Directorate: Children and Youth Affairs are involved in the process of developing a comprehensive program on child rights training for court personnel, the purpose of which is to sensitise court personnel on current developments on child rights so that they begin to integrate it into their daily activities.
2.6 Inter- Departmental Committee on Youth Affairs (IDC): The Inter-Departmental Committee on Youth Affairs is chaired by the National Youth Commission and the Department is represented by the Sub-Directorate: Children and Youth Affairs. The purpose of this Committee is to co-ordinate a comprehensive national framework of Government services, programmes, research and initiatives affecting young men and women across all relevant departments. The Sub-Directorate provided an extensive input to the National Youth Commission on programmes administered by the Department that has a bearing on youth affairs. This was published in a publication of the National Youth Commission called: The Government Guide to Youth Services.
2.7 Capacity Building in the Field of Child/Youth Justice.
On 15 February 1999, the Minister of Justice and the Special Representative to the UN in South Africa concluded an agreement on Capacity Building in the Field of Juvenile Justice. A project Co-ordinator has been appointed since and a Steering Committee representative of all relevant Departments, including the Office of the President, has been formed. The purpose of the project is to:
· Enhance the capacity and use of programmes for diversion and appropriate sentencing and the development and introduction of new programmes;
·Increase the protection of young people in pre-trial detention;
·Strengthen the implementation of legislation in the area of juvenile justice;
·Raise awareness among professionals in the criminal justice system and the general public of the transformation of juvenile justice;
· Establish an independent monitoring process;
·Enhance the capacity of both governmental departments and nongovernmental sectors to enter into contractual relationships for the provision of services on a grant or fee for service basis in the area of juvenile justice. (Time frames: September 1 999 to September 2002)
2.8 The Department of Justice has also reached a agreement with the
Government of Sweden to focus on diversion by way of:
· One Stop Youth Justice Centers
· Pre- Trial Hearings
2.9 GENERAL PROGRAMMES AND PROJECTS BENEFITTING CHILDREN/ YOUTH/ DISABLED
· The Victim Empowerment Programme
The broad vision of the Department of Justice is to deliver a service which is victim centered and responsive to the diverse needs of the South African population, in a manner which balances the Human Rights of the victims with those of the accused. The Victim Empowerment Programme is regarded as a crime reduction strategy, which will address the needs of victims and ultimately ensure the equalisation of services for both victims and offenders.
Pre - Trial Services
The Pre -trial services project has been established as part of victim empowerment at a number of courts. Victims are supplied with information brochures, which inform them about their rights, responsibilities and the law. Victims receive trauma counselling and are assisted with the completion of family violence interdicts. The project aims to improve the bail system by providing the court with information that it needs in order to make more appropriate decisions. It also aims to improve the integrity of the pre-trial process, preventing dangerous repeat offenders from being released on bail, while maximising the release or affordable bail of accused persons who do not pose a threat to the community. It is currently operating in four magistrate courts, Mitchell's Plain, Johannesburg, Port Elizabeth and Durban. The Department envisages that this project will be incorporated in the broader Integrated Justice System project structure as it also has benefits to SAPS and Correctional Services.
Witness friend
Some courts have set up a witness friend who assists witnesses with issues such as ushering them to the correct courts or members of staff. They also attend to some of the concerns of witnesses and provide support.
Separate Waiting Rooms
Separate waiting rooms have been identified as a requirement at all courts for victims of violence, with a particular focus on women and children. Child friendly rooms are also being incorporated.
Equipment/facilities in Courts
To ensure minimum support services within every court house specific equipment/facilities are required. These include one-way mirrors, closed circuit TV sets, advice desks, information packages and other facilities which enhance witness friendliness in courts and the training of service providers. Other aids to facilitate confidential and effective communications are also being used.
Witness Protection
A programme underpinned by legislation has been put in place to ensure that witnesses, who are often also the victims of crime, are protected. Persons on the programme are not only protected, but also provided with accommodation, medical care (including psychological treatment where required), education, etc. The new Act (Act No.11 2 of 1 998) (to be implemented shortly) contains specific provisions to provide for minors to be placed on the programme even against the wishes of their parents/guardians.
Citizen's Advise Desk Program
The aim of the citizen's advice desks is to incorporate and expand community participation in the administration of justice, as they will be the first point of contact for the public. These desks provide useful information and general advice for court users, as well as information regarding the court system, the administration of justice and people's rights. The objective is to improve the overall quality of service delivered by magistrate's courts. (Five desks in the magistrate's offices in Pretoria (2), Johannesburg (2) and Durban (1) are being established.)
Information Desks at Courts
Some courts have established informal information desks which offer legal information, advice and referral to appropriate agencies. These desks are staffed by personnel or para legals who have knowledge of the law and human rights and they also receive complaints on poor treatment received in courts.
Law Talk for Children: Play Your Part
This information kit/booklet educates children about their rights and responsibilities on how the legal system works and how the courts protect the rights of children. The booklet has been distributed to various NGO's and CBO's that work with children.
An Art campaign, which involves school-going children, has also been initiated. Schools that are selected will take part in an art competition based on their understanding of the justice system.
The Train Campaign: Blow the whistle on Violence against Woman and Children
This initiative was done in partnership with Spoornet who offered to continue spreading the message of no violence against women and children by retaining slogans to this effect on their trains.
Specialised Courts- Sexual offences Courts
Specialist courts dealing with sexual offences have been set up in the Western Cape during 1 993. Due to the success of the project, the Department has been expanding the project to other provinces. In Bloemfontein, a Sexual Offences Court has been established and the training of the court officials who will be working at the court has been completed. The roll out process to the rest of the country is underway. A National Task Team was established to oversee the extension of the Sexual Offences Courts at atleast 20 courts.
In conjunction with this, a number of major works building projects have been prioritised on the Department's Major Works Priority List in this regard with a view to establish specialised facilities for the adjudication of crimes with sexual content at numerous strategic locations country-wide. For example, due to the alarming incidence of sexually related crimes, specifically in the Cape Peninsula, various initiatives have been implemented in an effort to circumvent the continuance thereof. The construction of a new magistrate's court building at Khayelitsha is already 42% completed and subsequent realisation of the project is presently being supervised by a consortium of private architects. The building will provide thirteen criminal courts which will most certainly alleviate the pressing accommodation shortages currently experienced at the Mitchell's Plain court building and provide sufficient facilities for the adjudication of cases with a sexual content. Numerous other projects are being planned for the Cape Peninsula and among other, comprise the construction of new court buildings at Goodwood and Blue Downs in the district of Kuils River and the construction of eight additional court suites at the BelIville magistrate's court. All certified needs assessments for said projects make provision for the establishment of courts specifically designed to adjudicate sexual offences. These courts are specialised structures which should provide a courtroom segregated from an adjoining area by means of one-way glass partitioning. Latter partitions will afford all individuals in the courtroom the opportunity to observe consultations with minors under the guidance of trained mediators clearly and without interruption. The courtrooms are also to be augmented with state of the art audio equipment. These structures have already been provided at various magistrates' offices. The construction of seven additional court suites at Soweto has been completed and one or more of the courtrooms are available for the adjudication of sexually related crimes. The Department has furthermore introduced measures and established facilities at various other centres to afford young victims of crime, and in particular of sexual offences, he opportunity to place their evidence before the court in a just and credible manner. Specialised audio- and visual equipment has been provided at 1 79-court buildings nation-wide.
A specific group of female advocates at the office of the Director of Prosecution in Kimberley has been appointed to deal specifically with cases where children are the victims of crime. A similar approach has been followed in other offices of the Directors of Prosecution and it is expected that the function at all times will be dealt with by highly skilled personnel. Directives with specific instructions pertaining to the prosecution of cases in respect of child abuse have subsequently also been issued to prosecutors by, inter alia the offices of the Directors of Prosecution: Grahamstown, Bloemfontein, Kimberley, Cape Town and Pretoria.
Specialist Courts -Family Courts
Family courts have jurisdiction in all family related matters including domestic violence. A fundamental principle in the establishment of these centers is that all courts dealing with family-related matters should be housed under the same roof so that an appropriate atmosphere can be developed In these courts and so that psychological, sociological and mediation support services can be provided to serve the needs of the users of the courts. The Family Court Centers which are operating in terms of existing legislation is an interim measure to improve the delivery of services. Legislation will be developed which will establish permanent Family Courts These will almost certainly be at the level of magistrates' courts to ensure that they are accessible. Pilot Projects Family Court Centers have been established in Cape Town, Durban, Port Elizabeth and Lebowakgomo and Johannesburg.
2.10 A National Project was launched in co-operation with and assistance of the Department of Public Works (PWD) during 1 995, which in essence envisaged the provision of access ramps, guidance rails and toilet facilities for physically handicapped people at a number of identified court buildings throughout the country.
Subsequent to its launch during the 1995/1996 financial year, the project gained momentum with regard to the successful provision and completion of projects at numerous court buildings. No significant further progress in respect of the realisation of project objectives with regard to the remainder of court buildings on the relevant priority list as submitted by the department to PWD, has since been evident, however. Financial constraints at the PWD have largely influenced and impacted negatively on the successful completion of project as a whole. It has also resulted in the provision of only the most essential and pressing accommodation requirements at court centres which are presently experiencing varying degrees of accommodation and security crises. The situation has obviously impacted negatively on any subsequent efforts to bring court buildings/sub-offices of the Department in line with the disability policy as outlined in the White Paper of the Office of the Deputy President. Other avenues in respect of providing and obtaining funding for such initiatives are being investigated. As a possible alternative, the Department is considering entering into discussions and negotiation with foreign countries, in an attempt to secure donor funding. Many successes along similar lines have already been achieved by the Department, such as the comprehensive upgrading and upliftment of a significant number of court buildings in the Eastern Cape via foreign aid. Realistically, it is anticipated that the present financial dilemma brought about by budgetary constraints, will continue unchanged for at least the next three year period, in turn making any significant progress with regard to the provision of adequate infrastructure for physically disabled persons at sub-offices of the Department, limited.
2.11 FORUM ON PEOPLE WITH DISABILITIES
At the beginning of the year the Forum for People with Disabilities was established in the Department. It's main brief is to look into the interests and needs of people with disabilities and develop programs to ensure that they are brought back into the mainstream of the work environment. The forum, through sub-committees, will look at the kind of jobs that seem to be "reserved" for people with disabilities. Other areas that the forum will examine will be to look at whether the employer has created an environment that is friendly towards people with disabilities and how they generally interact or are treated by other employees. Representation in the forum is not confined to people with disabilities. Staff members with an interest in disability issues are encouraged to join the forum. It is the view of the forum that issues relating to disabilities should also be taken to the broad society, and not only be dealt with at the place of work. Two meetings have already been held in the course of the
current year and a fair number of staff members have shown interest in the forum. More will obviously have to be done to attract as many people as possible to participate in the forum.
2.12. Regional Focal Persons
Disabilities issues are also going to be taken to the various Regions through the identification of Focal Persons. These will be champions of disabilities issues that will ensure that matters affecting people with disabilities are brought back on the regional agendas. It is envisaged that by the end of this month specific Regional Focal Persons will have been identified. Once that is done, a regional forum for people with disabilities will be formed. From the audit list of people with disabilities, Regional Focal Persons will be chosen. This will ensure that they are capacitated to deal with the issues that affect them directly. Alternatively, staff members who live with people with disabilities will be chosen as the Regional Focal Persons.
3. Policies
Children/Youth
3.1 This has to a large extent already being touched on above. I wish to draw your attention however to the fact that during 1995 the NPA Steering Committee established a sectoral working group on the Special Protection Measures for Children. The Justice Sectoral Working Group was mandated to investigate the question of children in especially difficult circumstances, and more specifically children in the criminal and civil justice system. The Department's task was to steer the working group. The Justice Sectoral Working Group recommended that the South African Law Commission conduct the following investigations:
a new Juvenile Justice System; Sexual Offences Against Children; Review of The Maintenance Act; and Domestic Violence. All of these have received attention and some information on them is therefore furnished:
3.2 South African Law Commission's Project on Juvenile Justice (Project 106)
The purpose of this investigation is to develop draft legislation to introduce a new juvenile justice system for South Africa. A discussion paper on juvenile justice was published for general information and comment. The closing date for comment was 31 March 1999. A number of workshops and briefings were held as part of the consultation phase of the investigation. A draft report will be considered by the Commission on 7 April 2000.
3.3 Project 107: Sexual offences
A discussion paper on Sexual Offences: the Substantive Law was approved on 12
August 1999 and subsequently released for public comment. The closing date for submissions was extended to 30 November 1999. Several workshops and briefings have been held on this discussion paper since its release. Some of the recommendations made in the discussion paper relating to children are the following:
o The criminal law is the appropriate mechanism to address sexual exploitation, abuse and violence against women and children in particular.
o Sexual penetration of any child below the age of 12 years should constitute rape.
o A statutory provision called "child molestation" is aimed at prohibiting sexual acts with children below 16 years of age. Consent by a child under 16 years of age to any sexual act should not be a defence to a charge under this provision.
o As most cases of intra-familial sexual abuse take place repeatedly and over long periods of time, child victims often have difficulty recalling precise details of the time and place when and where the alleged offences are said to have occurred. It is thus recommended that the "persistent sexual abuse of a child" should constitute a separate offence.
The commercial sexual exploitation of children should be prohibited. Commercial sexual exploitation includes child prostitution, child pornography and trafficking in children.
o Although the Commission supports a total prohibition of child pornography, it nevertheless does not propose the inclusion of provisions on child pornography in the new Sexual Offences Act. The Commission does not recommend any legislative amendments pending the review of the Films and Publications Act. It should be noted, however, that specific amendments to that Act were made during 1999 (coming into operation on 30 April 1999), relating to protecting children against mental, physical and sexual exploitation or coercion to engage in the production of a pornographic film, publication or visual presentation.
o Comment has been invited on the prohibition of female genital mutilation.
Submissions received have been collated and the preparation of a draft report is receiving attention. It is envisaged that a report will be ready by June 2000.
3.4 Project 110: Review of the Child Care Act, 1983
In scope, the investigation goes beyond the review of the present Child Care Act, 1983 and includes a comprehensive review and redraft of all child care legislation. To enable the project committee to prepare a discussion paper with draft legislation, the members of the project committee and contract researchers are preparing consultation papers on selected issues as background documents to stimulate debate within specific focus groups. The consultative research process will be followed by the preparation of a discussion paper and draft legislation for consideration by the Commission in June 2000. Mr G Smit, a former Commissioner, was contracted to draft the legislation. He assumed duty on 1 October 1999.
Customary Law
As part of its investigation into customary law (Project 100), the South African Law
Commission is undertaking research with a view to law reform into the following two areas of domestic legislation and the harmonisation of customary law as it relates to the Convention on the Rights of the Child:
(a) In December 1998 an investigation into customary marriages by the South African Law Commission culminated in the passage of the Recognition of Customary Marriages Act 120 of 1998. The Act recognises African customary marriages as valid marriages for the first time; it also sets the age for marriage at 18 years for both sexes; makes consent a prerequisite for marriage; and guarantees the wife's contractual and proprietary capacity and her right to litigate unassisted. Curbs are placed on polygamy by the requirement to protect the property rights of the existing wife, and divorces are to be ordered by a court of law, which will have jurisdiction to award custody and maintenance.
(b) The third leg of the investigation deals with Succession and the Administration of Estates in Customary Law. This is an attempt to address the commitment of the Department of Justice to enact new legislation granting women living under customary law property and inheritance rights. The patriarchal nature of the African family necessarily means that succession runs along the bloodline and women are excluded from inheritance in the intestate estates of their husbands or fathers. The reality in practice is that women and children are left destitute when the spouse and father dies intestate.
The position of children in customary law is also being dealt with as part of the investigation into the Review of the Child Care Act.) 3.5 Maintenance
In 1998, the Department introduced some fundamental changes to the maintenance system and this is contained in the Maintenance Act, 1998 (Act No 99 of 1 998). Some of the major features include the following:
· Maintenance Officers- The Act requires the National Director of Public Prosecutions to issue policy guidelines which aim to create uniform standards for maintenance officers and which build a "more dedicated and experienced pool of trained and specialised maintenance officers".
· Maintenance Investigators- These investigators would help to track down defaulting parents who are trying to avoid paying maintenance. The Act says that the Minister must take all reasonable steps within available resources to achieve progressive realisation of the appointment of at least one maintenance investigator for each maintenance court'. This is currently receiving urgent attention.
· The Court's Order- The new Act requires the court, when ordering the payment of maintenance, to order that the maintenance be paid by a person who owes the obliged parent a periodical sum in terms of a contract, if "it is not impracticable in the circumstances of the case". This means that an employer must deduct part of an employee's wages and pay the care-giver parent the maintenance if this is what the court orders.
· Orders by Default- The magistrate can make a maintenance order against a parent who failed to appear at court if they were properly notified of the case and simply tailed to arrive at court.
· Civil Execution of Maintenance Orders- The new Act tries to improve the
mechanisms for the enforcement of maintenance orders. The Act still finds a maintenance defaulter to be guilty of a crime, but recognises that a prison sentence or a fine often fails to result in the money being extracted from the defaulter. The Act sets out the procedures whereby the defaulter's property can be attached to realise the money needed for maintenance payments and the interest that accumulates on this amount. It also allows the defaulter's salary or other money owing to him to be attached, including any pension, annuity or similar benefit. The Act requires the court to assist parents with these procedures.
3.6 Domestic Violence
The Domestic Violence Act is progressive and constitutes a significant broadening of the current position. The Act recognises domestic violence as a social evil and that the victims are mostly women and children. Some of the important provisions in the Act, which will alleviate the plight of victims of domestic violence, include the following:
· It applies to any victim who is in a 'domestic relationship', and not only to 'parties to a marriage'.
· It places a duty on a member of the SAPS to inform a victim of his or her rights at the scene of an incident of domestic violence.
· The Act provides that a peace officer may, without warrant, arrest any person at the scene of an incident of domestic violence whom he or she reasonably suspects of having committed an offence containing an element of violence.
· An application for a protection order may be brought on behalf of the complainant by any other person, including a member of the SAPS, who has a material interest in the well-being of the complainant.
· The Act makes provision for the granting of a protection order, which will be confirmed if the respondent (the alleged perpetrator) does not appear in court on the return date.
· Many victims do not make use of a protection order due to, amongst other things, financial concerns. The Act clearly indicates the terms which may be contained in a protection order, such as an obligation on the respondent to make rent or mortgage payments and to pay an emergency monetary relief. Children are often used to regain control over the complainant, therefore contact with any child by the respondent may be refused, or structured contact may be ordered.
· In terms of the Act, firearms and other dangerous weapons may be seized in domestic violence situations.
· In terms of the Act a court, in granting a protection order, also issues a suspended warrant for the arrest of the respondent. It remains in force unless the protection order is set aside. If the respondent breaches the protection order, he/she will be arrested by the police. The Act also provides that the respondent be criminally charged for breaching the protection order and also with any other offence resulting from a complaint lodged by the applicant against the respondent. The Act allows for the complainant or respondent to apply for the amendment or setting aside of the protection order.
· The Act provides that proceedings are held in camera.
· The Act makes it clear that any party to proceedings may be assisted by a legal representative.
· In terms of this Act perpetrators of domestic violence may be sentenced to five year's imprisonment, thereby emphasising the view that domestic violence is a serious crime.
· The Act now provides for a simple, quick and cost effective procedure in order to obtain protection from domestic violence.
3.7 Abuse against children is one of the priority issues in my Department and this is reflected in the Justice Sector's Plan of Action for Children in South Africa. Some initiatives included in my Department's fight against no violence against children and women are the following:
The launching of National Policy Guidelines For Sexual Abuse. This is a guide which provides the role-players like the South African Police, Department of Welfare and the Department of Health with the necessary skills to interact with victims of abuse in a sensitive and appropriate way. The Guidelines also stress the need to finalise cases with the minimum amount of delay, as cases that have a life span of many months are detrimental to the victim.
3.8 My Department is also represented on the National Victim Empowerment Programme Team which is a component of the National Crime Prevention Strategy and focus on crimes against woman and children. Of the many rights which have been identified as victim's rights, seven have been declared by most countries as representing the core or basic rights. These have been included in the Draft Victim Charter and they are:
· The right to be treated with respect and dignity. · The right to offer information. · The right to receive information. · The right to legal advice. · The right to protection.
· The right to restitution.
Disability
3.9 In line with the government's commitment to the empowerment of people with disabilities, as reflected in the White Paper on the Integrated National Disability Strategy, the Department of Justice has committed itself to ensure that employment equity is achieved and a responsive service is delivered to its customers with disabilities. A draft policy document on disability has recently been drafted and is premised on the White Paper on an Integrated National Disability Strategy. The document has been circulated to members of the forum on disability. As soon as all comments have been received, amendments will be effected. The regions will also be afforded an opportunity to input the document once the Regional Focal Persons have been identified. The draft policy document is attached as C.
3.10 The Department of Justice is making provision for sign language services and having interpreters for all languages available. This is an important step towards making the victim/witness's experience in the criminal justice system as comfortable as possible.
3.11 HIV/AIDS
The Department of Justice has launched a Workplace Policy on HIV/AIDS and through this policy, the Department is committed to a process of non-discrimination and equal access for employees with HIV, as well as ensuring non-discrimination against people with HIV in the administration of Justice.
The South African Law Commission has been investigating reform of the law relating to AIDS and HIV since 1993. An extensive discussion document (Working Paper 53) was published for general information and comment in September 1995. Comments reflected differences of opinion among interest groups. The project committee assisting the Commission in developing final recommendations decided to adopt an incremental approach in resolving these differences. The Commission has already adopted the project committee's First, Second and Third Interim Reports on Aspects of the Law relating to AIDS. Each of these reports was preceded by the publication of discussion documents affording the public the opportunity to provide input in the development of final recommendations. The Third Interim Report covered the issue of HIV/AIDS and discrimination in schools and contained final recommendations with regard to the promulgation of a national policy on HIVIAIDS in public schools. The Report was tabled in Parliament on 13 August 1998. The Commission's proposed draft national policy was published by the Department of Education for public comment on 11 December 1998.
3.12 A number of laws have been passed by Parliament to address issues such as the problem of crime and violence against women and children. These laws improve the situations of women, children and other vulnerable groups who are victims of violence:
· CRIMINAL PROCEDURE SECOND AMENDMENT ACT, 1997 (ACT 85 of 1997)
· NATURAL FATHERS OF CHILDREN BORN OUT OF WEDLOCK ACT, 1997 (ACT 86 of 1997)
· CRIMINAL LAW AMENDMENT ACT, 1997 (ACT 105 of 1997)
· WITNESS PROTECTION AND SERVICES ACT, 1998 (ACT 112 of 1998)
· PUBLIC PROTECTOR AMENDMENT ACT, 1998 (ACT 113 of 1998)
· DOMESTIC VIOLENCE ACT, 1998 (ACT 116 of 1998)
· RECOGNITION OF CUSTOMARY MARRIAGES ACT, 1998 (ACT 120 of 1998)
· CUSTOMARY LAW OF SUCCESSION AMENDMENT BILL
· NATIONAL PROSECUTING AUTHORITY ACT, 1998 (ACT 32 of 1998)
· LEGAL AID AMENDMENT ACT, 1996 (ACT 20 of 1996)
· HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD
· ABDUCTION ACT, 1996 (Act 72 of 1996)
· PREVENTION OF ORGANISED CRIME ACT, 1998 (Act 121 of 1998) MAINTENANCE ACT, 1998 (Act 99 of 1998)
4. BUDGET
4.1 The Department has already invested millions of Rands on programmes relating to the vulnerable groups in question and is committed to continue herewith. It is unfortunately not possible to at this point in time give an accurate breakdown by programme/activity for all aspects mentioned in this document as many are interwoven with other activities' funding or are simply not available as they may have to come from NCPS sources or other departments' budgets (for example, PWD). The following amounts are indicative of some of the allocations pertaining to these vulnerable groups:
1. The budget for the Child and Youth Directorate is approximately: R 1,5 m
2. Capacity building in the field of child/youth justice (UNDP donor funds):
R 1 ,8m
3. Diversion (Swedish donor funding): Still to be allocated, but envisaged as R 3m
4. PTS: Dependent on policy decisions to be taken within the IJS, several hundreds of thousands Rands will be allocated.
5. Children's Promise: R 2,4m (Donor funding)
6. Witness Protection: R 19,7m
7. Citizen's advise desks: R 1 5m (Irish donor funds)
8. Art Campaign: R 99 000 (USAID donor funding); R 40 000 (Dept)
3. Sexual Offences Courts: R 1,007m (Canadian donor funding); R1,5m (Dept)
10. Family Courts: R 5m
4.2 The proposed budget relating to specific activities of the relevant Directorate pertaining to disabled persons is attached as D.
5. ANTICIPATED PROGRAMMES/POLICIES
5.1 The Department of Justice acknowledges the Youth Policy that identifies persons from the ages of 15-35 as youth and recognises the need within the establishment to bring policy, legislation and programmes in line with the National Youth Policy.
5.2 Various anticipated programmes have been identified above and will thus not be repeated here. However, the following are important aspects that require special attention. In an effort to provide both office and judicial personnel as well as trial awaiting persons and members of the public, whose free and easy movement is impeded in some or other way, with facilities which will ultimately increase their mobility in and around court buildings and vastly improve the level of accessibility to these structures, the Department is required to provide the following features and facilities:
a) Parking for physically disabled persons
Virtually no existing court buildings or sub-offices of the Department make provision for parking facilities for physically disabled persons. However, during the planning of new buildings, architects make provision for such features located adjacent to the court building and which are located in close proximity of any one of the main entrances into the building. At existing court buildings the provision of parking for physically disabled persons is also an urgent requirement and where it is evident that the parking bays cannot be positioned next to the buildings due to structural and spacial constraints, they should be provided as close to the building as possible. In latter situations it is advisable that paved access ways be constructed leading from the parking area to the entrance of the building. Sufficient parking obviously should be provided and of which the number should be determined on the basis of the population density in the immediate area of the court building and the number of individuals who visit the courts and/ or sub-offices on a daily basis.
b) Access ramps and guidance rails
It is of paramount importance that all entrances to court buildings and/ or sub offices as well as staircases in halls and passages are provided with access ramps positioned to the one side of the entrance or staircase. Guidance rails attached to the walls in passages and halls alongside staircases is a prerequisite and entrances to buildings, which comprise multiple steps should be provided with rails cemented into the foundation. The purpose of access ramps and guidance rails is not only aimed at assisting only blind individuals and wheelchair users, but is also required as a means to assist frail and elderly persons.
c) Waiting facilities, benches and water fountains
Sufficient waiting facilities, benches and water fountains positioned at strategic vantage points throughout the court building and on the court premisses, should be provided. Vast numbers of people who visit the building either in a private or official capacity are expected to wait for some form of service delivery often for extensive periods of time, without adequate waiting or seating facilities being at their disposal during such circumstances.
d) Lifts
All multi level court buildings and sub-offices should be provided with lifts which are large enough to transport wheelchair users from one floor to another. The lifts are also an urgent requirement due to the fact that especially the frail and elderly often cannot move easily from one floor to another via staircases and which in many cases has resulted in office personnel being obliged to carry individuals from one area to another. However, during the planning of new buildings, architects make provision for such features.
e) Toilet and ablution facilities
It is of paramount importance that all court buildings and sub-offices be provided with adequate toilet and ablution facilities for physically disabled persons. The number of these facilities per building, should be determined based on the amount of people who visit the building on a daily basis. It is important to note that the facilities should be large enough to afford easy access and movement to wheelchair users. Ablution facilities for physically disabled people should also be furnished with wash basins and hand towel features which are placed against walls in such a manner that they are easily accessible to wheelchair users while still seated. All certified needs assessments for accommodation projects make provision for the necessary ablution facilities for physically disabled persons.
5.3 It is important to note that the provision of the fore-mentioned features
undoubtedly implies the sourcing and allocation of extensive funding. The successful completion of project objectives consequently could not be realised yet due to a lack of sufficient funds. It is anticipated that the situation will persist in future and therefore the provision of facilities for physically disabled persons cannot be based on immediate expectation, but should rather be viewed as a long term goal, which Is to be brought to fruition over the years to come.
5.4 FUTURE DISABILITY PROGRAMMES
The following are some of the programs that we intend embarking upon in the near future relating to disability:
Strengthening our networks with organisation and institutions dealing with disability issue
Periodically write articles to be featured in the department/s issues
Invite prominent speakers to address employees on disability issues
Establish liaison with other state departments with a view to sharing information and other resources
Mount campaigns to bring back people with disabilities into the mainstream of the society
Conduct research in collaboration with educational institutions that cater for the needs of people with disabilities.
5.5 Legislative measures
At the end of January 2000 Parliament approved the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (Act No.4 of 2000), a copy of which is attached. (See F for more detail of relevant sections) This legislation emanates from section 9 of the Constitution, dealing with the right to equality. Section 9 of the Constitution which deals with the right to equality, read with item 23(1) of Schedule 6 to the Constitution, requires the enactment of national legislation within three years of the commencement of the Constitution to give full effect to the right to equality as contemplated in the Constitution. This section of the Constitution refers to the prevention or prohibition of unfair discrimination, as well as to the promotion of equality. The Act consequently deals with prevention and prohibition of unfair discrimination as well as the promotion of equality. The legislation includes a Schedule of practices of unfair discrimination that are widespread in various sectors in society and that need to be addressed. This Schedule illustrates and emphasises specific practices that are unacceptable in these sectors. Potential complainants can use this list of practices to a gain a sense of when they can apply for redress and potential discriminators can use this list to gain a sense of what type of practices they should desist from adopting and implementing. Many of these practices have a direct or indirect bearing on children, youth and disabled persons, e.g. Item 2 deals with discriminatory practices in the education sector.
This legislation, although approved by Parliament, must still be put into operation and urgent attention is being given to this by the various role-players in the Department. Discussions are also under way with the Department of Finance regarding funding for the implementation of this legislation. At this stage no funding has been allocated for the implementation of this legislation. Cabinet was informed that an amount of R50 million would be required for the successful implementation of the legislation. However, it is intended to use existing resources as far as possible in this regard.
6. CONCLUSION
There are still many gaps concerning the empowerment of children/youth/disabled in the current policy, law administrative arrangements and practises. The Department of Justice and Constitutional Development is, however, willing and committed to tackle these challenges headlong.
Appendix 2: DEPARTMENT OF CORRECTIONAL SERVICES PRESENTATION TO THE JOINT COMMITTEE ON THE STATUS OF CHILDREN YOUTH AND DISABLED PERSONS
I. INTRODUCTION
Almost on a daily basis the South African Society is bombarded with reports of rape, car hijacking, murder, house breaking and many other serious crimes. Crime has become the most important threat to the new Democratic order. Communities are outraged because Public Safety, an immeasurable value, is threatened.
The alarming rate of crime has prompted the Government to identify Crime Prevention as one of its priorities.
Young people are both perpetrators and victims. The figures revealed at the recent Strategic Session of the Department bear testimony to the fact that more and more young people are turning to crime.
II. SITUATIONAL ANALYSES
The Department of Correctional Services has several categories of offenders in its care, e.g.
* Unsentenced children/young offenders
* Sentenced children/young offenders
* Infants/young children in prison with their mothers
* Offenders with disabilities
* Probationers and Parolees
The Department also regards all young offenders under the age of 21 years as an extremely vulnerable and unique category of offenders. Their needs, should, therefore be specifically addressed, with due regard to the needs of other youth. National and international norms and standards applicable to youth and child care should also be taken into account in programme development as well as in service delivery to this special category of offenders. This view is also upheld by the Department regarding disabled persons, hence the establishment of a Youth and Females' Sub-Directorate by the Department in 1995, to cater for the needs of special categories of prisoners, namely, children, youth, women, old and disabled persons who are in its care. Despite the measures to try to remove children from the Criminal Justice System, there will still be instances where children will be sentenced to correctional institutions. In these cases, there is a need to provide for separate facilities from the main prison population, and to ensure the education, rehabilitation and development of these young offenders.
ACCOMMODATION There are presently twelve(12) Youth Correctional/Development Centres, which are separate facilities to accommodate young offenders, namely :
PROVINCE | PRISON | ACCOMMODATION CAPACITY | LOCK UP 2000/01/31 |
Western Cape | Brandvlei | 348 | 270 |
Hawequa | 225 | 336 | |
Drakenstein Meduim B | 474 | 425 | |
Pollsmoor Medium A(mainly unsentenced) | 1111 | 1547 | |
Gauteng | Leeuwkop Medium B | 723 | 679 |
Emthonjen | 640 | 527 | |
Northwest Province | Rustenburg | 182 | 238 |
Kwazulu/Natal | Durban | 629 | 793 |
Ekuseni | 600 | 509 | |
Free State | Groenpunt | 221 | 263 |
Kroonstad (only sentenced children under 18 years) | 70 | 64
| |
Mpumalanga | Barberton Town | 451 | 509 |
TOTAL | 5951 | 6160 |
There are also young offenders who are detained in sections of prisons separately from adult prisoners. III. DEFINITION OF TERMS *Infant : An infant is a person from birth to 2 years, who is with his/her mother, whilst the mother is in custody. *Child : A child is a person under the age of 18 years *Young Offender : A young offender is a person under the age of 21 years *Youth Correctional : A separate facility where young Centre offenders are detained and cared for, according to their unique needs *Probationer : A probationer is an offender who has been sentenced to correctional supervision or whose sentence of imprisonment has been converted into correctional supervision or is placed under the supervision of a correctional official and who is serving the sentence under the supervision and control of this Department in the community and not in a prison. *Parolee : A parolee is a prisoner who has been placed out of prison to serve the remainder of his/her sentence of imprisonment on parole in the community under the supervision and control of this Department. SENTENCED CHILDREN/YOUNG OFFENDERS: PER PROVINCE AND AGE CATEGORIES: 2000/01 TOTAL FOR YOUNG OFFENDERS = TOTAL FOR CHILDREN UNDER 18 YEARS= YOUNGEST FALL WITHIN CATEGORY 7-13 YEARS DRAMATIC INCREASE OF NUMBERS IS FROM AGE 18 YEARS UPWARDS PROVINCE WITH LOWEST NUMBERS IS NORTHERN CAPE PROVINCE WITH HIGHEST NUMBERS IS KWAZULU/NATAL SENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY 31 JANUARY 2000 SEE TO ANNEXURE B UNSENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY31 JANUARY 2000 SEE TO ANNEXURE C SENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY PER CRIME CATEGORY: 31 JANUARY 2000 SEE ANNEXURE D SENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY PER SENTENCE CATEGORY: 31 JANUARY 2000 SEE TO ANNEXURE E YOUNG PAROLEES AND PROBATIONERS POPULATION Number of children and youths in the system of Community Corrections as on 31 January 2000
Probationers | |||
Males | Females | Total | |
<18 Years | 968 | 71 | 1 039 |
18-<21years | 1 871 | 176 | 2 047 |
3 086 | |||
Parolees |
| ||
Males | Females | Total | |
<18 Years | 244 | 2 | 246 |
18<21 Years | 1 712 | 44 | 1 756 |
2 002 | |||
GRAND TOTAL | = 5 088 |
STATISTICS ON DISABLED PRISONERS (SENTENCED AND UNSENTENCED) : FEBRUARY 2000
PROVINCE TOTAL
NORTHERN PROVINCE: 3
EASTERN CAPE: 31
FREE STATE: 16
GAUTENG: 38
KWAZULU/NATAL: 45
MPUMALANGA: 11
NORTH WEST: 31
NORTHERN CAPE: 12
WESTERN CAPE: 100
TOTAL: 287
OUTLINE OF PROGRAMMES
DEVELOPMENT PROGRAMMES
PSYCHOLOGICAL SERVICES
Psychological services such as individual therapy or group therapy are available for young offenders. The following are primary target groups and receive priority:
* Suicide risks
* Youth who were referred by the court for psychological evaluation or psychological treatment
* Youth who have emotional problems, mental disturbances or are under psychiatric treatment
* Youth who are under correctional supervision or parole who pose a threat or danger to others in the community
* Number of psychologists: 42
* Number of vacancies: 27
* Head office personnel: 2
* Total: 71
* Capacity: psychological services only available in 19 management areas
* Where a need for psychologists arise the offender can:
* be transferred to a prison where a psychologist is available
* be seen by an internal psychologist from a nearby prison on a needs basis
* be referred to an external psychologist by the district surgeon
* see his/her own psychologists at his her/her own expense
EDUCATION AND TRAINING:
The Directorate: Education and Training mission is the empowerment of prisoners/youth for sustainable life through the provisioning of Education and Training programmes.
It facilitates their reintegration back into the communities by fostering a culture of learning and promoting a work ethic.
Specific attention is paid to provisioning of basic needs in respect of the following programmes:
- Literacy training
- ABET (Level I- Level IV)
- Mainstream Education Programme (N1-N3/Grade 10-12)
- Occupational Skills Training
- Vocational training
- Entrepreneurial Skills Development
- Extra-mural activities
- Library services
SOCIAL WORK SERVICES
* The following are programmes that are rendered to both young and adult offenders:
- Orientation
- Life skills
- Alcohol Dependence
- Drug Dependence
- Family care and marriage
- Sexual behaviour
- Aggression
- Trauma
- HIV/Aids
- Pre-release preparation
- Take a lead in life (exclusively for young offenders)
* Currently there are 460 social work personnel.
* There were 1260 young offenders involved in Alcohol Programme and 1059 in Drug Dependence Programme during 1999.
ACCOMMODATION
There are presently twelve(12) Youth Correctional/Development Centres, which are separate facilities to accommodate young offenders, namely:
Annexure A
PROVINCE | PRISON | ACCOMMODATION CAPACITY | LOCK UP 2000/01/31 |
Western Cape | Brandvlei | 348 | 270 |
Hawequa | 225 | 336 | |
Drakenstein Meduim B | 474 | 425 | |
Pollsmoor Medium A(mainly unsentenced) | 1111 | 1547 | |
Gauteng | Leeuwkop Medium B | 723 | 679 |
Emthonjen | 640 | 527 | |
Northwest Province | Rustenburg | 182 | 238 |
Kwazulu/Natal | Durban | 629 | 793 |
Ekuseni | 600 | 509 | |
Free State | Groenpunt | 221 | 263 |
Kroonstad (only sentenced children under 18 years) | 70 | 64
| |
Mpumalanga | Barberton Town | 451 | 509 |
TOTAL | 5951 | 6160 |
There are also young offenders who are detained in sections of prisons separately from adult prisoners.
Annexure B
SENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY
31 JANUARY 2000
AGE CATEGORIES | MALE | FEMALE | Total |
7 - 13 YEARS | 8 | 0 | 8 |
14 YEARS | 28 | 0 | 28 |
15 YEARS | 127 | 4 | 131 |
16 YEARS | 458 | 10 | 468 |
17 YEARS | 962 | 14 | 976 |
Sub-Total 7 to < 18 YEARS | 1,583 | 28 | 1,611 |
18 YEARS | 2,680 | 49 | 2,729 |
19 YEARS | 3,583 | 68 | 3,651 |
20 YEARS | 4,050 | 76 | 4,126 |
21 YEARS AND OLDER | 234 | 19 | 253 |
Total | 12,130 | 240 | 12,370 |
Annexure C
UNSENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY
31 JANUARY 2000
AGES CATEGORIES | MALE | FEMALE | Total |
- 13 YEARS | 10 | 1 | 11 |
14 YEARS | 169 | 3 | 172 |
15 YEARS | 390 | 5 | 395 |
16 YEARS | 864 | 20 | 884 |
17 YEARS | 1,167 | 20 | 1,187 |
Sub-Total 7 to < 18 YEARS | 2,600 | 49 | 2,649 |
18 YEARS | 4,259 | 88 | 4,347 |
19 YEARS | 3,909 | 86 | 3,995 |
20 YEARS | 3,691 | 62 | 3,753 |
21 YEARS AND OLDER | 62 | 2 | 64 |
Total | 14,521 | 287 | 14,808 |
Annexure D
SENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY PER CRIME CATEGORY 31 JANUARY 2000
AGE | CRIME CATEGORIES | |||||
ECONOMICAL | AGGRESSIVE | SEXUAL | NARCOTICS | OTHER | TOTAL | |
7-13 YEARS | 4 | 3 | 0 | 0 | 1 | 8 |
14 YEARS | 10 | 14 | 3 | 0 | 1 | 28 |
15 YEARS | 78 | 34 | 17 | 1 | 1 | 131 |
16 YEARS | 232 | 154 | 60 | 7 | 15 | 468 |
17 YEARS | 496 | 316 | 128 | 7 | 29 | 976 |
SUB0TOTAL 7 to < 18 yrs | 820 | 521 | 208 | 15 | 47 | 1,611 |
18 YEARS | 1,364 | 907 | 274 | 53 | 131 | 2,729 |
19 YEARS | 1,687 | 1,320 | 417 | 65 | 162 | 3,651 |
20 YEARS | 1,641 | 1,638 | 522 | 118 | 207 | 4,126 |
21 YEARS + | 68 | 110 | 34 | 19 | 22 | 253 |
TOTAL | 5,580 | 4,496 | 1,455 | 270 | 569 | 12,370 |
Annexure E
SENTENCED CHILDREN/YOUNG OFFENDERS IN CUSTODY PER SENTENCE CATEGORY 31 JANUARY 2000
AGE | SENTENCE IN CATEGORIES | ||||||
0 - 2 YEARS | 2 -5 YEARS | 5 - 10 YEARS | 10 - 20 YEARS | 20YRSTO LIFE | OTHER | TOTAL | |
7-13 YEARS | 4 | 1 | 1 | 2 | 0 | 0 | 8 |
14 YEARS | 12 | 13 | 2 | 1 | 0 | 0 | 28 |
15 YEARS | 52 | 58 | 14 | 5 | 2 | 0 | 131 |
16 YEARS | 201 | 180 | 64 | 18 | 3 | 2 | 468 |
17 YEARS | 359 | 423 | 141 | 43 | 5 | 5 | 976 |
Sub-total 7 to <18 YEARS | 628 | 675 | 222 | 69 | 10 | 7 | 1,611 |
18 YEARS | 1,053 | 1,120 | 394 | 125 | 34 | 3 | 2,729 |
19 YEARS | 1,098 | 1,521 | 684 | 270 | 77 | 1 | 3,651 |
20 YEARS | 1,074 | 1,643 | 932 | 374 | 97 | 6 | 4,126 |
21 YEARS | 87 | 70 | 71 | 20 | 5 | 0 | 253 |
Total | 3,940 | 5,029 | 2,303 | 858 | 223 | 17 | 12,370 |
Annexure G
STATISTICS ON DISABLED PRISONERS (SENTENCED AND UNSENTENCED) :FEBRUARY 2000
PROVINCE TOTAL
NORTHERN PROVINCE: 3
EASTERN CAPE: 31
FREE STATE: 16
GAUTENG: 38
KWAZULU/NATAL: 45
MPUMALANGA: 11
NORTH WEST: 31
NORTHERN CAPE: 12
WESTERN CAPE: 100
TOTAL 287
Annexure F
YOUNG PAROLEES AND PROBATIONERS POPULATION
Number of children and youths in the system of Community Corrections as on 31 January 2000
Probationers | |||
Males | Females | Total | |
<18 Years | 968 | 71 | 1 039 |
18-<21years | 1 871 | 176 | 2 047 |
3 086 | |||
Parolees |
| ||
Males | Females | Total | |
<18 Years | 244 | 2 | 246 |
18<21 Years | 1 712 | 44 | 1 756 |
2 002 | |||
GRAND TOTAL | = 5 088 |
Appendix G:
Department of Correctional Services
by Jabu Sishuba and Joyce Matshego.
Public Safety, an immeasurable value, is threatened by the escalating crime in South Africa. Young people are both perpetrators and victims. The Department's recent Strategic Planning Session revealed an increase of young people who came to our system adding pressure to our already overcrowded prisons.
The constantly changing environment of correctional services makes increasing demands on personnel, who must tap into few resources available to them to successfully meet those demands.
SITUATIONAL ANALYSIS
CATEGORIES
- Unsentenced children / young offenders
- Sentenced children / young offenders
- Infants / young children in prison with their mothers
- Offenders with disabilities
- Probationers and Parolees
The Department regards all offenders under the age of 21 years as an extremely vulnerable and unique category of offenders.
Sub-Directorate established in 1995 to cater for the needs of special categories children youth, women, the aged and people with disabilities. Despite the move to remove children from the criminal justice system, there will be instances where children will be sentenced to correctional institutions.
DEFINITION OF TERMS
INFANT:
An infant is a person from birth to two years, who is with his / her mother, whilst the is in custody
CHILD:
A child is a person under the age of 18 years
YOUNG OFFENDER:
A young offender is a person under the age of 21 years
YOUTH CORRECTIONAL CENTRE:
A separate facility where young offenders are detained and cared
for, according to their unique needs
PROBATIONER:
A probationer is an offender who has been sentenced to correctional supervision or whose sentence of imprisonment has been converted into correctional supervision or is placed under the supervision of a correctional official and who serving the sentence under the supervision and control of this Department in the community and not in a prison.
PAROLEE:
A Parolee is a prisoner who has been placed out of prison to serve the remainder of his / her sentence of imprisonment on parole in the community under the supervision and control of this Department
ACCOMMODATION
Annexure A
SENTENCED CHILDREN / YOUNG OFFENDERS
Sentenced: Annexure B
Unsentenced: Annexure C
CRIME CATEGORIES
Annexure D
SENTENCES
Annexure E
YOUNG PAROLEES AND PROBATIONERS
Annexure F
PEOPLE WITH DISABILITIES (PRISONERS)
Annexure G
INFANTS: TOTAL IN DETENTION = 217
PROGRAMMES:
Section 19(1)(2)(3) of the Correctional Services Act
(Act 111 of 1998) makes it compulsory for children to access:
Educational
Social Work
Psychological
Recreational &
Religious Care Services
THE AIM OF THE REHABILITATION PROGRAMMES
is to provide a safe environment that is conducive to influencing offenders to learn and adopt positive and appropriate value systems,
thus creating a desire to lead productive lives as law abiding citizens.
PROGRAMMES INVOLVE
Opportunities for education and training
Reskilling and learning a trade
Personal development
Moral and spiritual upliftment
Preparation for release
PROGRAMMES ARE PROVIDED BY
Psychologists
Social Workers
Educationists
Chaplains
Health Personnel
NGO
CBO
HEALTH
Pregnant women
Infants
Baby minders
Assistive Devices
Nutrition
HIV / AIDS
Awareness raising
Health Care
MOTHER AND CHILD UNIT
(Creche at Pollsmoor)
POLICIES
A Correctional Act 111 of 1998 makes provision for children / young offenders
Infants Policy
Health Policy
Community Corrections
BUDGET
(for all prisons)
Incarceration administration
Institutional Committee
Parole Boards
Health Services
Gratuity
Development Programmes
Budget for Youth Correctional Centres is separate from overall budget
R44 225 470
COMMUNITY INTEGRATION
Preparation for reintegration
Vocational testing
Vocational counseling
Vocational Training
Skills in job hunting
Placement
COMMUNITY INVOLVEMENT
The experience and skills needed in rehabilitation of offenders cannot be provided by correctional officials alone. The Department has forged partnership with community based organizations and NGO's. Currently there are 186 organizations involved with youth.
ANTICIPATED PROGRAMMES & POLICIES
POLICIES
- Young offenders
- People with disabilities
- HIV / AIDS under review
- Review Health Policy
- Restorative Justice
- Unit Management
- Unit Management Approach
- Restorative Justice Approach
- Community Involvement / partnership
- Needbased Programmes
- Evaluation of Programmes / Monitoring
- Unit Management
- Training of staff to deal with children & young offenders
- Assessment tool
- Selection Battery for staff
- Research on recidivism
HUMAN RESOURCE
- Personnel: People with disabilities
- Disability Desk Established in 1999
- Draft Policy endorsed by Management Board to be negotiated in Bargaining Council
- People with disabilities have been identified
- A target of 2% of the total personnel has been set aside to be achieved in five years (2004)
- Budget: excluding Personnel expenditure: R337 500
- Funds are also made available upon request
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