Pretoria C Max and Emthonjeni Attacks: Regional Commissioner’s reports

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
11 August 2005
PRETORIA C MAX AND EMTHONJENI ATTACKS: REGIONAL COMMISSIONER’S REPORTS
 

Correctional Services Report on C-Max Prison
Correctional Services Report on Emthonjeni Youth Centre (see Appendix)

SUMMARY
The Regional Commissioner of Gauteng Correctional Services provided an update on developments pertaining to the recent serious incidents at Pretoria C-Max Prison and the Emthonjeni Youth Center. Security recommendations had been formulated following the incidents to address identified weaknesses and promote uniformity in standards. Detail on specific adjustments was presented such as the creation of emergency support teams and staff transfers. He outlined a revised approach to the management style encompassing more visible monitoring and evaluation.

Members raised certain issues, including :
- the searching of all visitors within correctional facilities
- whether lessons learnt would be applied to all facilities to establish uniformity
- whether sanctions for officials were objectively enforced
- how families of deceased officials could be assisted
- the types of appeal processes available to dismissed officials
- whether re-deployed officials occupied similar positions
- the need for responsible oversight from the Committee to check implementation of recommendations.

MINUTES
The Chairperson stated that a report had been tabled in Parliament regarding the C-Max and Emthonjeni Youth Center incidents. The Regional Commissioner would provide feedback on the latest developments and discuss progress reports on the implementation of recommendations to correct security weaknesses. The Speaker of Parliament had sent a letter to the Minister of Correctional Services to notify him of the tabling of reports and request that regular updates be forwarded to Parliament. The Minister had to account to Parliament on security issues within prisons.

The Chairperson also mentioned the recent rape of a three-year-old girl by a prisoner granted early release in accordance with the special remission programme. The individual concerned should not have been released early as he had been previously convicted for indecent assault and did not qualify for remission of sentence. The Committee would pursue the matter to establish the circumstances and identify the negligent parties. The Department would be instructed to provide an explanation. Members had a duty to investigate events and seek redress if negligence occurred. Perpetrators of petty crimes should be considered for early release rather than violent criminals guilty of aggressive and sexual offences.

Gauteng Regional Commissioner briefing
Mr S Mlombile (Gauteng Regional Commissioner) provided an update on the implementation of recommendations to address security lapses within C-Max prison and Emthonjeni Youth Center following recent serious incidents. Two Correctional Services officials had been killed during an attempted escape from C-Max on 7 November 2004. Two other officials had been implicated and investigated. One official had been dismissed in May 2005 and another in July 2005. The latter had a case pending with the SAPS. C-Max staff had been reduced from 133 to 95 as a result of reassignments and more vigorous vetting procedures. A number of inmates had been transferred to other prisons and low security centers. The remainder comprised medium inmates and psychiatric cases that would remain at C-Max. An Emergency Support Team had been established and personnel would be rotated to ensure high security levels. He provided a list of recent achievements in improved security including detail on a new information technology security system. Contact visits had been halted and other types of visitations would be closely monitored. C-Max currently consisted of 95 officials and 96 inmates.

He gave feedback on developments within the Youth Center following the rape of two nurses by two inmates. He referred to the current status of the victims and provided detail on action taken against the perpetrators. One inmate involved had been acquitted and the other would appear in court on 15 September 2005. An investigating task team had finalised its work and all recommendations would be implemented. The former Head and Assistant of the facility had been re-deployed and replacements appointed. The use of automatic doors had been reduced to accommodate manual operation and promote enhanced security. He outlined strategies to reduce the potential for security breaches within the Center. Inmates and visitors would be escorted by corrections officials at all times and no gates within the Center would be left unlocked. The Head would hold regular meetings with management who would adopt a more visible profile towards staff and inmates.

Discussion
Mr N Fihla (ANC) referred to a recent oversight trip undertaken to the Louis Trichardt prison where stringent security measures existed. All visitors irrespective of rank or status were searched when entering the prison. The measures sought to reduce potential bribery opportunities and promote effective security. He asked whether all visitors would be searched at Gauteng correctional facilities.

Mr J Selfe (DA) complemented the Regional Commissioner on the corrective measures taken but asked why the two serious incidents had occurred in the first place. He asked whether lessons learnt from the events would be applied in other provinces and within different centers to establish uniformity. Detail was sought on the number of officials accused of negligence within the Youth Center and the type of charges involved. Various degrees of sanction appeared to be in place.

Mr Nkambele (Area Commissioner: Gauteng) replied that all individuals irrespective of status were searched at all points when entering C-Max prison.

Mr Mlombile responded that corrective measures had been instigated at various facilities prior to the events under discussion but the rate of implementation had accelerated after the incidents. Regional management had undergone extensive orientation and skills training to improve management processes and evaluation skills. Managers received key elements of the revised strategy focused on enhanced information gathering by means of appropriate questions and research methodology. A Regional Management Board had been established to oversee the implementation of specific guidelines outlining key security issues. Managers would have to continuously monitor security developments under their command and produce reports. Incidents of violence in cells had to be independently verified by management.

Two area commissioners had been appointed to implement the strategy and inculcate best practice within the wider management ranks. Criminal syndicates and ‘habitual trouble-makers’ within the staff component would be identified and removed. Other security agencies such as the National Intelligence Agency and the Police Service would be incorporated in this regard. Smuggling within prisons would be directly tackled to contribute to qualitative security advances. The exact numbers of officials facing disciplinary measures were not known but individuals concerned would be returned from other regions to face charges. Members would receive a quantitative report in due course.

The Chairperson asked whether the Department had a plan to address the needs of families of officials killed on duty or affected by disciplinary measures.

Mr Mlombile stated that the SA Police Services (SAPS) had a fund to assist the families of deceased officers but Correctional Services had no such arrangement at this juncture. The Department was attempting to institute an insurance plan for correctional staff but recent initiatives by the Minister within the Cabinet had been unsuccessful. The Department would continue to consider alternative remedies to provide some form of cover to officials.

The Chairperson acknowledged that the continued lack of comprehensive insurance for staff remained a weakness and solutions should be pursued in the interests of officials’ families.

Mr Fihla asked whether the Department had held discussions with private insurance companies to debate possible resolutions. Correctional Services remained a high-risk activity particularly at the junior level. The government could subsidise insurance policies for staff.

Mr L Tolo (ANC) asked which institution dismissed officials could approach to appeal the decision and whether the national office could fulfil this role.

Mr S Moatshe (ANC) asked whether the reduced staff at C-Max prison had adversely affected the standards of service and security levels. He sought clarity on the extent of the involvement of other inmates in the shooting incident at C-Max.

Ms M Makgate (ANC) referred to the redeployment of two officials from the Youth Center and asked whether they held similar responsibilities in their new positions or had been demoted. A continued level of responsibility could be perceived as a shifting of serious shortcomings from one area to another without adequate resolution.

Mr Mlombile reiterated that no subsidy scheme for insurance was in place but officials could arrange private cover if personal income allowed. He asserted that a competent disciplinary process was in place approved by the relevant trade unions and passed by the national head office. A dismissed official could appeal the decision at a subsequent disciplinary committee. If the second committee upheld the dismissal, the Department could delegate certain officials to consider the appeal judgement and deliberate on the merits and demerits of the case. The Department could reject the appeal judgement in exceptional circumstances. Various Labour Relations Act provisions could also come into affect and the Labour Court could be approached if need be.

The national office closely monitored all disciplinary hearings to ensure adherence to regulatory guidelines. The reduction in officials at C-Max would not result in a security crisis and future personnel increases would be conducted on a qualitative basis to improve standards and promote professionalism. One re-deployed official from the Youth Center had responded to an advertisement for another post in the Eastern Cape but would still be charged for misdemeanors while the other remained within the facility at a reduced level of responsibility. The Department decided that negligence had occurred but the individual could not be summarily dismissed due to a lack of competency in the previous position.

The Chairperson declared that Members would conduct follow-up visits to the two facilities concerned in the near future to monitor the implementation of recommendations. Visits to other prison facilities would also occur. The Committee would discuss the issue of insurance for officials and potential solutions as a lack of cover remained problematic. Recommendations raised by Members during a recent oversight trip to Mpumalanga would also be debated. The Committee and the Department would inform the Speaker of Parliament of developments. Members would conduct an oversight trip to the Free State next week.

The meeting was adjourned.

APPENDIX Chairperson: Portfolio Committee on Correc0tional services Honourable Members of the Portfolio Committee on Correctional services

DEPARTMENT OF CORRECTIONAL SERVICES
11 AUGUST 2005

Re: PROGRESS REPORT AND STRATEGY OF IMPLEMENTATION AT EMTHONJENI YOUTH CENTRE BAVIAANSPOORT MANAGEMENT AREA; GAUTENG REGlON; 11 AUGUST 2005

Honourable

1.INTRODUCTION

1.1 Subsequent to the incident that took place on 13 March 2005 at Emthonjeni Correctional Centre regarding two nurses that were assaulted the following progress and strategy implementation can be reported.

2. PROGRESS

2.1 One of the nurses as was previously reported is working at the Gauteng Regional Office and she is still receiving counseling. The second nurse has also physically recovered, and is presently receiving psycho-therapy at VISTA Clinic.

2.2 The two perpetrators Thabo Amos Masinga and Derrick Mngidi last appeared before court on the 26 July 2005 where Derrick Mngidi was acquitted of the charges. Thabo Masinga is currently awaiting trial at C-Max and is due to appear before court on the 15 September 2005.

2.3 The investigating Task Team appointed by the Regional Commissioner finalized the investigation and the decisions pertaining to their investigation are being implemented, including the following:

2.3.1 Disciplinary steps have been instituted and disciplinary hearings have commenced against the officials who were found to be at fault, including the Head and his Assistant, both of whom have since been redeployed an< the new Head and Assistant have been appointed to ensure improved standard of performance in the centre.

2.4 The practice that was in use (where inmates were utilized to call other inmates for visits) has since been discontinued and correctional officials are being utilized for this purpose.

2.5 In order to address the breach at the central walkway panel, officials have been identified and placed on permanent basis to operate the panel as well as the Main Control Room. As a result all gates are now kept closed at all times to prevent free movement of inmates.

3. STRATEGIES IMPLEMENTED TO ADDRESS THE POSSIBLE BREACHES OF SECURITY IN THE CENTRE

3.1 All inmates within the centre are always escorted by correctional officials to and from the units.

3.2 All service providers entering the centre are escorted from one point to another within the centre. 3.3 All gates within the centre are always locked.

3.4 In order to ensure the involvement and hands on approach of management, regular meetings are convened by the Head of the Centre with the management team of the centre.

3.5 Staff meetings are held on regular basis where all expectations are clarified with a view to ensure a secure environment within the centre.

3.6 The management team of Emthonjeni with specific reference to the Head and Assistant are to be visible to both offenders and officials in order to pre- detect and be pro-active in as for as the functioning of the centre is concerned. This will address the possible exposure of female officials in the working on a one-to-one basis with male offenders.

4. END OF REPORT