Pollsmoor Prison Deaths; Inspecting Judge’s Report on Consensual Sex in Prisons: briefing

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
24 June 2005
POLLSMOOR PRISON DEATHS; INSPECTING JUDGE’S REPORT ON CONSENSUAL SEX IN PRISONS: BRIEFING

Chairperson:

Mr D Bloem (ANC)

Documents handed out:

Inspecting Judge’s Legal Advisor, Umesh Raga: Unnatural Deaths and Injuries at Pollsmoor
Review of decision by Judicial Inspectorate on 18 November 2000: Adv. Anirudha’s report to Adv. Strydom
Magnitude of Complaints dealt with by Office of Inspecting Judge, 2003
Office of the Inspecting Judge Annual Report 2004-05 (Please see website: judicialinsp.pwv.gov.za)
Adv. Anirudha’s Report into Consensual Prison Sex, 10 June 2005.

SUMMARY

 

The Office of the Inspecting Judge briefed the Committee about the deaths of prisoners at Pollsmoor Prison. Wynberg Magistrate’s Court would conduct an investigation and then prosecutors would press charges against any negligent staff members of the Department of Correctional Services. The Office of the Inspecting Judge would not conduct its own investigation into the Pollsmoor deaths.

On the issue of consensual sex, Judge Fagan said that there had been no investigation and no report. Members felt that they could not discuss the issue of consensual sex in prisons because of this. The Committee felt that the Office of the Inspecting Judge should be more vigilant in investigating corruption among prison staff. The Jali Commission had been initiated because of corruption among prison staff, and would not have been necessary if the Office of the Inspecting Judge had played a more direct role.

MINUTES

Office of Inspecting Judge briefing
The Chairperson had requested the Office of the Inspecting Judge to submit a report on consensual sex in prisons. However, it appeared that no research had been conducted on the issue.

The Inspecting Judge, Judge Fagan emphasised that personally he did not have a position on the issue.

Mr J Selfe (DA) asked about the relationship between the mandate of the Committee and the Office of the Inspecting Judge. He wanted to know how the Department reviewed disciplinary cases.

The Chairperson said that the Mr Selfe should raise the matter at a following meeting. He did not want to confuse issues.

Mr S Moatshe (ANC) said that the document from Advocate Strydom did not concern the Committee. In was a matter between Advocate Strydom and the Office of the Inspecting Judge. There was no need to discuss the issue. The media had blown the issue out of proportion.

The Chairperson said that the Committee would have to deal with other issues on the agenda.

Judge Fagan then thanked the Committee for the invitation saying that the oversight visits were very helpful to the Office of the Inspecting Judge.

Pollsmoor Prison Fires
Judge Fagan said that Parliament had empowered his office to be immediately informed of all unnatural deaths that occurred in prison. The Office would then decide whether a death warranted an investigation. On 23 August 2004, three prisoners had died in a fire at Pollsmoor Prison in the Western Cape. The deaths had been reported to Mr Raga immediately. He asked for all the documents necessary for the investigation. He had come to the conclusion that the deaths were the result of prima facie negligence. A magistrate would preside over an inquest. It was premature to conduct an enquiry, because it was going to be done before a magistrate. The Office was not sure whether the magistrate would investigate purely on documents or whether he would call for oral evidence.

Mr Raga said that the Wynberg Magistrate’s Court had indicated that the dockets in both sets of deaths, those that occurred on 23 August 2004 and 29th October 2004, were with the prosecutors at that time. The Office would be informed about the form of the inquest. It would not be easy for the Department to absolve itself of the liability.

Mr Selfe asked whether the State Prosecutors would conduct an inquest or prefer criminal charges or a combination of both.

Mr Raga replied that all unnatural deaths either ended in a criminal prosecution or an inquest where a magistrate would have to make a finding. The investigation would start with the prosecutors and they would decide whether they wanted to press charges

Judge Fagan replied that they were still waiting to see whether there would be an inquest and what shape it would take. His Office would not conduct an investigation into the matter.

The Chairperson said that the Office of the Inspecting Judge had not been "militant enough" when it came to investigations. The Office of the Inspecting Judge would have to investigate not only overcrowding and corruption, but also other problems that put prisoners in danger. He cited an example of the Independent Complaints Directorate, which was an independent body that dealt with complaints that were directed against the Police. It was improper for any organisation to investigate itself. It was fine to have anti-corruption units, but the Inspecting Judge had a role to be the eyes and ears of the public. Members had been asking about the role of the Office of the Inspecting Judge when six people had burned to death in Pollsmoor Prison. The Office of the Inspecting Judge was supposed to the first one to investigate such incidents that happened in prisons. The Committee wanted to encourage the Judge to be vigilant and proactive in dealing with such issues. Commissioner Mr Linda Mti was passionate about rooting out corruption within the Department.

The Office of the Inspecting Judge could assist the Department because that role was within their mandate. There would have been no necessity for the Jali Commission if the Office of the Inspecting Judge had been playing their optimal role. The Act empowered the Judge to investigate corruption and dishonest practices. The medical aid scam had squandered millions of Rands. So many taxpayers’ money could have been saved if the Office of the Inspecting Judge had been doing its job. The Office of the Inspecting Judge was capable of doing a stunning job. The next time the Judge appeared before the Committee, he should inform Members about what had happened in C-Max Prison when two warders were gunned down. The Office had been very quite about the incident. The Chairperson mentioned two nurses that had been raped in C-Max Prison.

On their oversight visit to Limpopo province, the Committee would invite all the stakeholders such as the Police, the Departments of Justice and Correctional Services, the Legal Aid Board and prosecutors. He then invited the Judge to send a representative that would accompany Members on their oversight visit to Limpopo. The purpose of the visit was to look at overcrowding, and reasons why people had to wait for two years before they appeared in court. Different departments kept blaming each other. There were many problems that needed to be addressed in the Department besides overcrowding.

Mr Selfe asked for a collated report on prisons to be forwarded to Members. The Office of the Inspecting Judge agreed to do so.

The meeting was adjourned.