Correctional Services Department Annual Report: briefing

NCOP Security and Justice

25 October 2005
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Meeting report

PUBLIC WORKS PORTFOLIO COMMITTEE

SECURITY AND CONSTITUTIONAL AFFAIRS SELECT COMMITTEE
25 October 2005
CORRECTIONAL SERVICES DEPARTMENT ANNUAL REPORT: BRIEFING

Chairperson:
Mr K Mokoena (ANC)

Documents handed out:
Department of Correctional Services Annual Report

SUMMARY
The Department of Correctional Services presented their Annual Report to the Committee. Important issues for the Department had been the formal adoption of the White Paper on Corrections and the resolution of the Information Technology (IT) contracts and medical aid problems. The Department was resolving the staff overtime payment crisis by transformation correctional facilities into seven-day week establishments.

The seven programmes run by the Department were: administration, security, corrections, care, development, aftercare/social integration, and facilities. The Financial Statements reflect an appropriation of R8 billion for 2004/05. Reasons for under- and over-spending were that internal charges had not been cleared due to the late implementation of the Basic Accounting System (BAS), posts for the new correctional centres remained unfilled, and there had been delays in the planning of capital projects with the Department of Public Works. The Department had effected a shift from subsidy to member contributions to Medcor medical aid scheme. The Auditor-General would be able to audit the books.

Members’ concerns included underspending, untracked absconded parolees, staff and skill shortages, awaiting-trial prisoners, the reported impregnation of an inmate by a warder, employment opportunities for offenders leaving the system, and the effect of the union pullout during negotiations. The Committee suggested greater integration of the cluster and the need for awaiting-trial prisoners to become the responsibility of the entire justice system and not only the Department.

MINUTES

Department Annual Report
Commissioner L Mti suggested that the Annual Report be viewed in terms of strategic planning, budget and performance contracts. He gave the Department a score of 50% for the year. While the administration had scored 90%, the projected programme achievements for the year had been overestimated.

Important issues for the Department had been the formal adoption of the White Paper on Corrections and the resolution of the IT contracts and medical aid problem. As of January 2005, the Department was now only making a two-thirds contribution to correctional officials’ medical aids (Medcor Medical Aid Scheme) and the Auditor-General would be able to audit the Financial Reports. By March 2005, the Department had not been able to meet the legal requirement of having its books balanced and closed. The Minister had submitted an action plan for the Department to correct the situation and had already had some success.

The Financial Statements reflected an appropriation for 2004/05 of R8 billion. Reasons for over- and under- expenditure were threefold. Internal charges had not been cleared due to the late implementation of BAS, posts for the new correctional centres remained unfilled, and there had been delays in the planning of capital projects with the Department of Public Works. The Department presented the implementation of the biometric access security system and the settlement of the outstanding Medcor tax liability as the sources of alternative expenditure.

Some of the other challenges facing the Department were corruption, cell overcrowding, children in prison, staff health, retention of professionals, and low morale in relation to promotions and salaries.

Mr T Motseki (Department) outlined the seven programmes run by the Department highlighting issues of performance. The administration programme had focused on the adoption of the White Paper. The Department had responded to the ‘wildcat strikes’ around the overtime issue by introducing measures to curb excessive overtime expenditure and moving from five-day to a seven-day week establishments. The appointment of Correctional Supervision and Parole Boards (CSPB) would increase community and victim participation in parole board hearings. Other improvements were in areas of ethical and anti-corruption practices, the introduction of a new Department logo and promotional materials, and the establishment of Centres of Excellence.

The security programme had seen the introduction of biometric access systems, the vetting of personnel, a reduction in prisoner escapes, the introduction of a policy on Minimum Security Standards, and the development of a classification system for offender placement.

The corrections programme focused on developing tools for effective administration of inmates, a training manual on Unit Management, and community ‘imbizos’ to promote corrections as a societal responsibility. The care programme included the introduction of a psychologist for the first time, access to health care, three meals a day, and the training of 1 086 offenders as HIV/AIDS peer educators.

The development programme provided for increased education, arts, and culture programmes, and had resulted in an increased number of work opportunities for offenders. The aftercare/social integration programme had been expanded. Some 64% of absconded parolees and probationers had been successfully traced. About 40% of released offenders received material assistance. The facilities programme included the upgrade of ten correctional centres and the involvement of 245 inmates in practical knowledge transfer.

Discussion
Mr D Worth (DA) inquired about the figures of absconded parolees who had not been traced. Mr N Mack (ANC) added that the 46% traced had financial implications. He asked if abscondees were traced only when they committed another crime. He argued that aftercare programmes would assist in lessening such incidences.

Commissioner Mti said he would have to research the figures and send them to the Committee. Tracking was the Department’s responsibility, as were the costs incurred. However, community and family co-operation would help greatly in this regard.

Mr Worth asked if the four new proposed private-public partnership prisons had been incorporated in the R1.6 billion spent on facilities up to the end of March 2005. Commissioner Mti answered that R1.6 billion was the total amount for facilities built and upgraded. Only two public-private partnership prisons were being considered at this stage, although future studies might suggest that number be increased. Projected costs had already increased substantially since the initial proposals had been submitted.

Ms Nyanda asked why underspending had occurred. The Commissioner referred her to the report outlining the three reasons for underspending. Internal charges had not been cleared due to the late implementation of BAS, posts for the new correctional centres remained unfilled, and there had been delayed in the planning of capital projects with the Department of Public Works. Mr V Peterson (Department Chief Deputy Commissioner: Corporate Services) added that staff overtime payments had created an enormous cost and had now been curbed.

Ms F Nyanda (ANC) asked how many outstanding staff vacancies remained after their intensive recruitment drive. Mr Mack was pleased to see vacancies being filled, but wondered about the staff to inmate ratio. Mr Peterson noted that the ratios "worked better on paper than in practice", and measurable outcomes concerning treatment and rehabilitation was a preferable approach.

Mr A Moseki (ANC) expressed concern about the problem of staff and skill shortages and asked what measures were being taken to improve the situation. Mr Peterson responded that a skills competency audit would be completed in order to help the Department identify needs properly.

Mr Peterson explained that a massive recruitment drive had seen 3 000 entry-level posts filled, with a further 8 000 over the next few years. There was also a need for promotions, and there had been certain problems with that mechanism, which were being corrected. Within the Department, there was a tendency to promote internally, but ‘new blood’ was needed. Positions for technical workers, psychologists and health practitioners also needed to be filled. Working conditions needed to be improved in order to attract nurses and pharmacists from the Health Department and private sector.

Mr Mack asked about the current status of the Classification System for Placement of Offenders. He was concerned that many people remained in prison for committing petty crimes, and that these petty criminals and juveniles were placed with hardened criminals. Mr Mack raised the issue of large numbers of awaiting-trial prisoners, and the need to address the issue together with the judicial system.

Commissioner Mti stated that current policy prohibited mixing juvenile and adult inmates. About 50 000 of the total 150 000 prison population were awaiting-trial. The Department could adequately manage to look after the sentenced population, but the additional prisoners placed enormous stress on staff and infrastructure. It had an impact on human rights, as visits to awaiting-trial prisoners had to be curtailed due to their large numbers.

Mr Peterson noted that if more people were given alternative sentences, the prison population would be reduced. Confidence in alternative sentencing needed to be built. Community integration structures needed greater resources so that the judiciary would have more confidence in meting out alternative sentences. Similarly, awaiting-trial prisoners were a function of the judicial system as a whole and not just the Department.

The Chairperson emphasised the need for greater cluster integration. Magistrates for example, did not visit Department facilities. He welcomed Judge Fagan’s proposal that the SA Police Services (SAPS) not make unnecessary arrests.

Mr Mack noted that escapes had occurred with the assistance of Department officials and this had been omitted from the report. He wanted to know what percentage of escapes that constituted. He was also concerned about staff security, as weapons had been confiscated from inmates. Understaffing had contributed to that problem. The Commissioner agreed to send those escape statistics to the Committee. He felt that the vast majority of officials were not involved in such practices.

The Chairperson commented on the newspaper reports about an inmate being impregnated by a prison official. Prisons being considered unsafe for women would tarnish the Department’s image at a time when it was moving in a positive direction. He asked what was being done about the incident. The Commissioner said that while he had read the newspaper reports, he had not received a report about the incident directly. He agreed that incidents of that nature did occur due to inmate desperation and the Department dealt with them decisively. Mr Peterson added that the White Paper made clear the type of correctional officers they wanted in the system. It was important for the staff to internalise the required code of ethics.

The Chairperson felt that the re-arrest of people who had been freed in the celebrated release programme, was unacceptable. While he might understand the deeper causes for such an outcome, it pointed to the need for a more effective rehabilitation programme. This was a challenge to both the Department and all public representatives. The Commissioner emphasised that, though disturbing, less than 1% of those released had offended again. The released had only been given a week-long rehabilitation programme before release. The Department had therefore had no illusions, and in fact had been pleased at the low percentage of re-offenders. The Department had since established a new rehabilitation programme for prisoners to be released.

The Chairperson welcomed programmes which involved prisoners in community-building projects. This had been very successful in building a school in a Northern Cape village. The community had come to see the prisoners as human beings. Such projects would help reintegrate them back into society. The Commissioner agreed, noting that area managers needed to develop private-public partnership projects. Building such structures was the Department of Public Works’ domain, but it was the Department of Correctional Services’ social responsibility. Many useful skill workshops and projects could be set up in partnership with communities in economically depressed areas.

The Chairperson asked about the roleplayers involved in correctional facility training programmes. Mr Peterson replied that extensive partnerships had been forged, including with the University of South Africa (UNISA) and Tshwane University.

Mr Worth noted that since 2001, offenders for violent crimes had become younger and more aggressive. At the same time, there were greater numbers of prisoners serving under 20 years for lesser crimes. The Commissioner agreed those trends were correct and emphasised the importance of rehabilitation for such young offenders.

The Chairperson queried the effect on the Department of the union stalemate in negotiations. The Commissioner noted that almost 80% of the agreement had been completed before the union had pulled out over the dismissal issue. Now that promotions were up for discussion, the union wanted to return. Mr Peterson added that in general, the Department had a good relationship with both the relevant unions.

The Chairperson asked if offenders leaving the system were employable in the public sector. The Department responded that it was illegal to employ anyone with a criminal record on a full-time basis. Offenders continued to be labelled and judged by society after release, which was not constructive to their rehabilitation. The Department did try to employ released offenders where they could.

The Committee and the Department agreed that it was important for the Department to market the positive steps it had taken.

The meeting was adjourned.

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