Correctional Services Budget: public hearings

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
5 April 2005
CORRECTIONAL SERVICES BUDGET: PUBLIC HEARINGS

Chairperson:

Public Service Association (PSA) submission
SA Council of Churches submission
Police and Prisons Civil Right Union submission
Southern African Catholic Bishops Conference submission
Institute for Security Studies submission
Judicial Inspectorate submission
Civil Society Prison Reform Initiative submission
SA Prisoners Organisation for Human Rights submission
Centre for Study of Violence and Reconciliation submission
Correctional Services budget

SUMMARY
The Judicial Inspectorate of Prisons, the Public Service Association, the SA Prisoners Organisation for Human Rights (SAPOHR), the Civil Society Prison Reform Initiative (CSPRI), the National Institute of Crime Prevention and Reintegration of Offenders (NICRO), the Southern African Catholic Bishops Conference (SACBC) , the Police and Prisons Civil Right Union (POPCRU), the Institute for Security Studies (ISS), Centre for Study of Violence and Reconciliation (CVSR) submission and the SA Council of Churches (SACC) all presented comments to the Committee on the Department budget and strategic plan.
All presentations were heard with great interest. However, the SAPOHR, POPCRU, the Judicial Inspectorate and the church groupings’ submissions sparked the most intense debate.

MINUTES

Public Service Association submission
Mr Koos Kruger presented that the PSA had noted with concern that, despite the slight increase in the budget allocation the PSA was concerned with the consistent threatening circumstances within the prison environment. The PSA had witnessed the physical attacks over the past months that had resulted in the deaths of several correctional officials. They expressed concern with the unilateral way in which the seven-day establishment had been created. The reduction in salary caused by the seven-day establishment might increase corruption among officials in an attempt to increase income. New recruits would have to be properly trained to maintain safety standards.

Discussion
Mr J Selfe (DA) asked the PSA to elaborate on how the new shift structure would compromise the safety of officials.

Mr Kruger explained that the PSA was concerned with the inmate to correction official ratio.

Mr S Swart (ACDP) asked for a comment on why the PSA had not been invited to discussions.

Mr Kruger was concerned that discussion appeared to have taken place between the Department and other role players to which the PSA had not been invited.

Mr E Tolo (ANC) asked if the PSA had any solutions to offer.

Mr Kruger stated that the PSA was committed to contribute to finding solutions.

The Chairperson asked if the PSA had been aware that female Members complained about being discriminated against when not being considered for work in male prisons.

Mr Kruger stated that he was speaking about complaints received by the PSA and that no complaints of discrimination had been made in this regard.

The Chairperson asked what the PSA would do to rectify the fact that the medical abuse by Members of the PSA and others had caused the introduction of the new medical aid where Members were expected to contribute one third.

Mr Kruger acknowledged this and noted that Members would be educated in this regard. He asked that the Department avoid delaying the Department contribution to this fund.

SA Prisoners Organisation for Human Rights submission
Mr Golden Miles Bhudu presented that SAPOHR queried the right of inmates to work and therefore the right to receive a minimum wage. This would allow inmates to pay tax and contribute to their boarding thus reducing the burden on public taxpayers. Where inmates had been responsible for supporting a family this minimum wage could be allocated to continuing this family support. Inmates would have the capacity to contribute to a Victims Trust Fund. The budget had convinced SAPOHR of a constructive future for correctional service but it however failed to show any sign of true accountability. He suggested that an independent committee be established to oversee the allocation of the budget and the quality of services.

Discussion
Ms S Seaton (IFP) asked if a minimum wage for inmates would not act as an incentive for unemployed persons to commit crime to enable them to earn a minimum wage in prison.

Mr Bhudu stated that if people needed to commit a crime to be afforded the chance to earn a salary then something was seriously wrong with this society.

Mr J Selfe asked what the cost of the minimum wage would be.

Mr Bhudu stated that the cost of the labour would fall on the corporate employer.

Mr S Moatshe (ANC) asked if the cost of a minimum wage would not be a burden to taxpayers as opposed to reducing the burden as suggested by Mr Bhudu.

Mr Bhudu stated that providing training to inmates and not prohibiting the questioning of one’s criminal record when applying for employment was in itself a burden to taxpayers.

The Chairperson asked if it was practical for the Department to employ inmates at a minimum wage.

Mr Bhudu answered that it was indeed practical and it had proved successful in other countries such as the United States.

Civil Society Prison Reform Initiative and National Institute of Crime Prevention and Reintegration of Offenders submissions
Ms K Mpuang (Nicro) presented that the budget had not demonstrated a paradigm shift to indicate increased spending on rehabilitation. Offenders could not be expected to treat people humanely if they were not held in humane conditions. It was important that all stakeholders strivde to ensure that prison overcrowding be reduced as soon as practically possible. The building of new prison should not be seen as a long term strategy for dealing with overcrowding.

Mr L Muntingh (CSPRI) estimated that by the year 2021 the prison population could be 513 887 in South Africa if calculated as the worst case scenario. This would cost R38, 2 billion by the year 2021. CSPRI would have liked to see a process of budgeting based on projected numbers and policies aimed at achievable results. It was thus a strategic question of whether South Africa wanted a prison population of 120 000 or 500 000 by the year 2021 as policies and budgets would need to be aligned towards that target.

Discussion
The Chairperson asked if NICRO had a strategy to help the Department recruit the required medical skills.

Ms Mpuang suggested that initially it would need to be considered why these professionals had not been applying to the Department. Until this information was available this question could not be addressed. She suggested that NGOs and other stakeholders be approached for help in this regard.

Mr N Fihla (ANC) asked how the increased prison population could be managed.

Mr Muntingh (CSPRI) answered that the role of prisons would first need to be defined. Overcrowding would however be reduced. Alternative sentences other than prison would need to be considered.

Judicial Inspectorate of Prisons submission
Mr Gideon Morris of the Judicial Inspectorate presented that the escalation in the cost of having maintained our correctional system should have concerned all stakeholders. This escalation had been fuelled by the continued increase in the number of people being sent to prison. Since April 2000 the number of awaiting trial prisoners had decreased; however the number of sentenced prisoners continued to increase. The Judicial Inspectorate suggested that considering the much needed emphasis on rehabilitation and development of offenders a considerable portion of the budget should be used to appoint additional educationists, workshop trainers, psychologists and not only security staff.

Discussion
The Chairperson asked what could be done to solve the problem of long sentences being handed down and if Mr Morris agreed that the minimum sentences had been a solution to the problem of crime.

Mr Morris answered that amnesty be granted to prisoners who did not pose a threat to the community. Alternatives to imprisonment to those who did not pose a threat to the community would be a solution.

Mr L Tolo (ANC) asked why so many prisoners were idle in prison as apposed to being constructive.

Mr Morris agreed that the situation was not constructive however this could be blamed on a lack of resources. Perhaps funds should be diverted from elsewhere in the budget.

Mr Fihla asked what the alternative to minimum sentence would be as this had proven to reduce serious crime in South Africa.

Mr Morris clarified and stated the presentation simply identified the minimum sentence legislation as the biggest driver for overcrowding. The longer the sentence served, the harder rehabilitation would become.

Mr C Molefe (ANC) asked what could be done to address the external factors that contributed to overcrowding.

The Chairperson asked for clarity on the fact that terminally ill prisoners should be released; however medical staff suggested that it was impossible to determine whether it was truly the inmate’s last days.

Mr Morris answered that provision had been made to place terminally ill prisoners on parole or even re-incarcerate them if their health conditions improved.

Commissioner Mti questioned the Judicial Inspectorates’ facts used in the presentation.

Mr Morris stated that the facts were published and a copy was available to the Commissioner.

Police and Prisons Civil Right Union submission
Mr Abe Witbooi (POPCRU) presented that it was important to point out that the recent labour unrest that had engulfed the Department was not in the interest of the country, inmates or the labour movement. Overcrowding, the establishment of a 7 day week, staffing in the department, rank insignia and capacity building were issues that emerged as stumbling blocks to the realisation of the strategic goals of the Department. It was POPCRU’s hope that the relationship with the Department be enhanced and nurtured as it would provide a constructive environment to address issues of public policy.

Discussion
The Chairperson asked if POPCRU had any suggestions on tackling the problem of overcrowding.

Mr Witbooi suggested that all stakeholders should apply their minds to this problem and collectively this problem would be solved.

Mr Fihla mentioned that discipline was compromised with the abandonment of insignia.

Mr Witbooi expressed concern that the insignia would be abused by management.

Ms L Chikunga (ANC) asked if POPCRU felt that the funds set aside for capacity building was adequate.

Mr Witbooi stated that in the view of POPCRU the funds set aside in the budget would not be enough.

Mr Molefe asked if POPCRU was satisfied with the proposed budget. This question was not answered directly.

The Chairperson asked if POPCRU had been aware of the Department’s intention to recruit more staffmembers. Mr Witbooi answered that POPCRU was indeed aware of this plan.

The Chairperson asked POPCRU to inform its staff on the ground about the agreement signed with the Department.

South African Catholic Bishops Conference submission
Advocate Mike Pothier presented that during March this year an international conference had been held at the Vatican on the theme of the human rights of prisoners. Cardinal Renato Martino stressed that being imprisoned would never separate the individual from God’s love. He noted that over the past years it was increasingly clear that the Department of Correctional Services had identified the human dignity, personal development and social reintegration of prisoners as key values in its overall mission.

Discussion
The Chairperson expressed condolences on behalf of the Committee for the passing of the Pope. He asked if Mr Pothier was aware that inmates frequently withheld their identity and addresses as they often had outstanding arrest warrants that they tried to avoid facing.

Mr Pothier stated that he doubted that these cases amounted to a large number and that he had referred to those inmates who truly had no fixed address.

Mr Fihla stated that there existed a need for an awareness campaign in the community as regards the policy of reintegration.

Mr Tolo asked how it would be possible to keep people out of prison. What structures could be used to aid reintegration?

Mr Potier stated that individual parishes were doing what they could; however a lot more needed to be done. Government should implement diversion as it would not be economically viable to jail all offenders.

Mr Moatshe asked what the role of the church was in terms of preventing the poor from ending up in prison for committing economic crimes. What was the church doing to aid reintegration?

Mr Pothier stated the primary role of the church was to provide moral and ethical guidance.

Institute for Security Studies submission
Mr Makubetse Sekhonyane presented that the budget had increased by an average of 9% whereas the prison population grew at an average of 14%. The challenges faced by the Department would be the growth in prisoner population, cell accommodation and officials increasing marginally and rehabilitation as security remained a key concern relating to escapes, unnatural deaths and nutritional needs. He noted that despite the increase in the budget for CJS, the resources were limited.

Discussion
The Chairperson asked for Mr Sekhonyane’s view on employing inmates and allowing them to earn a minimum wage.

Mr Sekhonyane answered that as part of their punishment, inmates had to forgo certain rights. He suggested that other options be considered as people might be tempted to commit crime to access this minimum wage.

The Chairperson asked if Mr Sekhonyane thought the Department’s efforts in dealing with corruption were sufficient.

Mr Sekhonyane suggested that the Department had definitely committed itself to rooting out corruption. He questioned the quality of management as corruption was a reflection of poor management.

The Chairperson asked if whistle blowing protection laws would be effective.

Mr Sekhonyane stated that this would depend on how successfully the legislation would be implemented. It would be important that the whistle blower be protected.

The Chairperson asked what the solution to overcrowding would be.

Mr Sekhonyane stated the construction of prisons should be viewed as an emergency measure. Overcrowding should be tackled in conjunction with other Departments.

SA Council of Churches submission
Reverend Mame presented that the increase in the budget would be adequate and appropriate given the modest expansionary trend in public spending generally and the competing demands on public resources. The church had recognised that even with the opening of 4 new correctional institutions, the prison system would remain critically overcrowded. This was of concern to the church.

Reverend Payne expressed concern with recidivism monitoring, rehabilitation, inmate care and after-care.

Discussion
Mr Molefe stated that perhaps the church was not doing enough and suggested that the church should actively attempt to change the mindset of society to ex-offenders.

Rev Payne agreed that the churches’ work in the past had not been sufficient; however efforts had been increased recently.

Mr Tolo asked if the church had held prayers for the new government. He asked who would be responsible for replacing retired chaplains. Rev Payne stated that annual and weekly prayers had been held for the government.

Mr Phala (ANC) asked if the Church had support groups who visited inmates. Rev Payne answered that such visits had indeed taken place.

Mr Phala thanked the Church for supporting the use of condoms as these protected inmates from disease

Ms Seaton stated that the Church should use its influence to favourably change public opinion towards ex-convicts.

The meeting was adjourned.