Judicial inspectorate of prisons: briefing

Chairpersons:

Presentation document by the Judicial Inspectorate of Prisons

Judicial Inspectorate of Prisons Independant Prisoners Manual October 2001

Mr D V Bloem (ANC) asked the following questions:

(i) What is the composition of the office Inspectorate?

(ii) How many reports has Judge Fagan submitted to the Minister of Correctional Services?

(i) Judge Fagan stated that the structure is set out in the Annual report of the Inspectorate, which is included in the presentation document.

(ii) Judge Fagan noted that he is in contact with the Minister but that the liasing is more on an informal basis. He did state that he often writes letters to the Minister. It also came to light that reports submitted by inspectors on certain issues have not been forwarded to the Minister because many of the issues are resolved even before they could be investigated.

Mr G C Oosthuizen (ANC) referred to the category of bail of R1000 and lower and asked what the nature of the crimes are that these prisoners are guilty of.

Mr Oosthuizen also stated that he was disappointed by the fact that he had to learn through the media that the Krugersdorp prison was overcrowded. He asked why the committee had not been informed about this fact.

Judge Fagan stated that the Inspectorate does not usually have figures on the breakdown of the types of crimes that prisoners are held for at prisons. If the committee so wishes it would be provided to them. Judge Fagan stated that it is usually up to the discretion of magistrates to decide on the release of prisoners. The seriousness of the crime is one of the factors that the magistrate may consider on the release of the prisoner but the magistrate may also consider extenuating circumstances when the crime was committed. On the question of overcrowding, Judge Fagan stated that South Africa does not need to build more prisons but rather that prison population numbers should be decreased. He pointed out that at the time of the media release of the overcrowded state of affairs at Krugersdorp prison, an attempt was made to inform the public that prisoners are also humans. The media, magistrates, mayors, prosecutors and community organisations were invited on the tour. The idea was to educate all persons as to what the situation is at prisons.

Mr J Durand (NNP) asked whether the inspectorate has the sufficient capacity to deal with the multitude of complaints that they receive.

He also asked if the Inspectorate has an independant budget or whether it is financed by the Department of Correctional Services.

Mr U Raga, the head of legal services stated that figures on capacity for the year 2000 have been included in the presentation document on page 14. The figures for 2001 should be similar.

He added that capacity is always a problem but that they do try to make do with what they have at their disposal. Increases in funding are always welcome.

Ms E Ngaleka (ANC) asked what criterion is used on deciding on pilot projects. Why has the focus largely been on the Western Cape?

She also asked what the Inspectorate doing to assist the Department in improving the lives of prisoners.

Mr G Morris, secretary to the Inspectorate said that pilot projects have been focussed mainly in the Western Cape area because head office is situated in the Western Cape.

It is easier to liase with pilot projects if they are in proximity.

Mr L N Diale (ANC) asked if the female gender is represented in the Inspectorate.

Judge Fagan stated that the Inspectorate comprises of more females than males.

The Chairperson, Mr Fihla stated that it is unfortunate that the Inspectorate does not have structures in the Eastern Cape and the Kwazulu Natal considering the fact that they are the largest provinces with some of the biggest prisons.

He noted that he had met with the Chairpersons of Safety and Security and Justice to discuss the bail issue. The Portfolio Committee of Justice is apparently currently working on amending the bail provisions.

The meeting was adjourned.