Committee Recommendations Following Western Cape Visit: Department response

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
10 August 2005
COMMITTEE RECOMMENDATIONS FOLLOWING WESTERN CAPE VISIT: DEPARTMENT RESPONSE

Acting Chairperson:

Committee Reports)
Western Cape Department Response to Committee recommendations.

SUMMARY
The Western Cape Department of Correctional Services briefed the Committee on their progress following the Committee visits to Brandvlei, Drakenstein and Pollsmoor Juvenile Centres in August. They addressed issues of employment equity for women; compulsory education for juveniles; educational courses offered; access to Legal Aid; implementation of a special court at Pollsmoor prison; transfer of juveniles to adult institutions; gang activity prevention, and the need for increased numbers of professional staff. There had been improvements in internal communication within the Department and the plan for a seven-day working week would be fully implemented by 2008.

The Committee felt that many of their concerns and recommendations had not been satisfactorily addressed and the Department needed to implement practical solutions.

The meeting continued in a closed session to discuss the issue of two fires at Pollsmoor Prison and the Groote Schuur Hospital incident.

MINUTES

Department briefing
Mr J Smalberger (Acting Regional Commissioner, Western Cape Department) briefed the Committee on the Department’s progress following the Committee’s visits to Brandvlei, Drakenstein and Pollsmoor Juvenile Centres on 4 August. It had been extremely useful to view the institutions’ operations from the Committee’s perspective and take on the challenge of implementing their recommendations.

Female appointments within the Department had been substantially increased, with female staff playing a vital role in the Drakenstein Detention Centre and the satellite unit in Stellenbosch. The Committee had recommended the building of a kitchen and sanitary facilities at the Brandvlei Youth Centre. A feasibility study had concluded that the low number of juveniles made building a separate kitchen impractical. The Department was working with the Department of Public Works to build a new central kitchen at Brandvlei, which would serve all four institutions.

The management was committed to ensuring a high standard of compulsory education for juveniles. There had however been a shortage of personnel and facilities. In response to the Committee’s recommendations, four rooms had since been renovated into classrooms. Juveniles detained for three months or less were not placed in formal academic classes. Some juvenile offenders had remained in the Juvenile Centres after reaching age 21. These individuals were involved in educational programmes and were allowed to remain in the Juvenile facility in order to complete the course and avoid disruption of their studies and examinations. Before juveniles were transferred to adult institutions, an assessment was done to find the appropriate placement.

The most pressing professional posts that needed to be filled were nurses, psychologists, educators and social workers. The ratio between inmates and professionals was not satisfactory. New appointments needed to be expedited.

Internal communication between centres, regional and national offices had been improved. Personnel meetings, morning parades, roll calls, notice boards and anonymous complaint boxes were all being used to improve communication with officials. The full implementation of a seven-day establishment would take place by 2008.

The Juvenile Centre at Drakenstein offered fourteen educational courses ranging from HIV/AIDS training programmes and First Aid courses through to furniture manufacturing, garment making and screen printing courses. Juveniles had been involved in Youth Day Programmes in the surrounding communities.

Inmates received quarterly visits from the Legal Aid Board and were briefed on their rights, the plea bargaining process and how to complete forms. The two Independent Prison Visitors (IPV) serving the Juvenile Centre had full access to inmates as well as the head of the unit. The IPVs assisted in evaluating and upgrading programmes. A Special Court was being implemented at Pollsmoor to assist with processing cases where bail was R1000 or less and where offenders could not afford the payment. The court was to review the fines and lower bail was needed or would have to be replaced with a warning. Both the Justice Department and Correctional Services had seen this initiative as a priority as it would alleviate overcrowded magistrate’s courts.

The Department recognised the negative impact of gangs on Centre culture and had implemented an anti-gang action plan where gang and non-gang members were separated. A draft policy document on anti-gang measures was being planned which would be submitted to the national office.

Discussion
Mr J Selfe (DA) noted that despite stating in the document that education of a high standard was provided, it appeared that shortages of educators and classrooms placed many restrictions and limitations on the process. He questioned whether inmates between the ages of seven and sixteen were receiving education on a daily basis in accordance with the SA Schools Act. He requested specific numbers on attendance. Mr Smalberger replied that they did not have specific information but he would ensure the statistics were passed on to the Committee as soon as they had been collated.

Mr D Bloem (ANC) expressed concern that children serving less than three months were receiving no education. He questioned the need for imprisoning children for petty crimes and for not receiving education.

Ms L Chikunga (ANC) asked if there were orientation programmes for newly promoted senior women managers. Mr Smalberger noted that those appointees had been in the Department a long time and were well equipped for the positions. He added that a comprehensive skills audit was being conducted from August 16 for all 33 000 members of the Department in order to determine individual skills training needs.

Ms Chikunga requested clarity on the Committee’s recommendations around using the National HIV/AIDS policy in prisons. Mr Smalberger agreed that the policy should not be negotiated within individual centres and the issue was receiving national attention.

Ms Chikunga wanted clarity on how the Department intended to make sure new inmates ‘fit in the institution’ in order to prevent gang activity. Mr J Sinclair (Drakenstein Area Commissioner) responded that Kyros assisted in discussions relating to placement and anti-gang education. Mr S Moatshe (ANC) argued that it was not sufficient to state that gang activity was a problem. The Department needed to propose concrete punishment in order to stop the behaviour such as removing television sets from cells.

The Chairperson cited the example of a private prison the Committee had visited where gang activity was well controlled. While recognising that the prison had greater facilities and staff, it had adopted extremely tight security procedures when admitting all visitors. This had prevented smuggling and had resulted in a decline of gang activity, which thrived on smuggling.

Mr Mketshane noted the challenges of overcrowding and staff shortages in controlling gang activity. He added that issues such as ‘generational gangsterism’ in the Western Cape made it important for the Department to identify gang affiliation before inmates entered the prison system. The NGO Hope Ministry, was counselling within Pollsmoor with an ‘adopt a cell’ project. Counselling had been extended later in the evenings after lock down, as that was often when gang problems occurred. The Department and NGOs were also working with parents in developing a new culture against gangs. There was great pressure outside prison to affiliate to gangs and the Department and NGOs had realised the importance of tackling the problem in that arena both before offenders entered the system as well as in after care.

Ms Chikunga wanted to know what retention strategy was being used to prevent professional staff from leaving for better-paid positions. These losses were expensive and degraded quality of care. Mr Smalberger responded that the loss of nursing staff in particular was a problem and the Department was in the process of developing a retention strategy.

Ms Chikunga wanted clarity on the meaning of ‘quarterly visits’ by the Legal Aid Board. Mr N Mketshane (Pollsmoor Area Commissioner) responded that the Legal Aid Board visited four times per year. The Department had submitted a list of members who could be trained to assist. The introduction of the Special Court in Medium B section would improve the situation over the following months.

Mr J Roberts (Department Regional Office) elaborated on the implementation of the Special Court at Pollsmoor. It had been planned to start on 1 August though there had been a few problems. Offenders with R1000 bail or less would be processed in the prison itself. Mr Mketshane added that shortages of staff in the Department of Justice had caused a delay but was in the process of being resolved. The Committee was supportive of the Special Court and wished to be informed of its progress.

The Chairperson described a very effective meeting the Committee had held in Limpopo with the Chief Magistrate, Chief Prosecutor and senior police to discuss alternative sentencing for petty offenders. This strategy could be adopted in all Provinces. It was important to assess the individual offence before sentencing occurred so those alternatives could be presented.

Ms S Seaton (IFP) asked what procedure was followed if inmates were to be released not long before an examination period. Mr Smalberger explained that these learners were allowed to return to the institution to write their examinations after being released.

Mr Moatshe asked for information about specific members of the registered task team that had been established to improve internal communication. Mr Smalberger said that the details would be provided to the Committee. The focus of the task team was to liase with the National Task Team and find solutions to management problems. He noted that the Department had an operational plan for a seven-day establishment, which planned to come into effect simultaneously countrywide.

The meeting continued in a closed session to discuss the issues of fires at Pollsmoor Prison and the Groote Schuur Hospital incident.

The meeting was adjourned.