Unit Management in Prisons:briefing by National Commissioner

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
21 AUGUST 2001
UNIT MANAGEMENT IN PRISONS: BRIEFING BY NATIONAL COMMISSIONER

 

Unit Management: An approach to prisoner management

SUMMARY
The delegation from Correctional Services introduced the new approach of unit management in prisons. They argued that this approach would help in curbing the problem of overcrowding. The advantages and successes of the unit management system were presented to the Committee. The problem of unsentenced prisoners was identified as the major cause of overcrowding in prisons. The Committee agreed that a meeting should be convened with the Justice Department to explore the approach of integrating Correctional Services with the justice system. In that meeting they will look at the issue of unsentenced prisoners and prisoners with light sentences in order to address the problem of overcrowding in South African prisons.

MINUTES
Historical background of prisons in South Africa
Ms Jabu Sishuba, the Deputy Commissioner: Development Programs, gave the historical background to prisons in South Africa. She said prisons had been used as a place of incarceration and punishment. When the sentence is passed the punishment starts, and the task of the department was ensure that sentences were carried out and assist the prisoners in returning to society. This system tended to place all prisoners under one category, murderers or hard core criminals with prisoners serving light sentences.

Since 1994 the department had to change the perception of prisons being used as a place of punishment. Before very little attention was paid to the rehabilitation or efforts to change the behavior of prisoners. The Department of Correctional Services had to adopt a new approach which informs them that prisons are a place of rehabilitation not of punishment. The Department has taken this different approach because it is compelled by the Constitution to do so.

Ms Sishuba said that the rights of prisoners are enshrined in the Bill of Rights in the new Constitution. She added that section 35 of the Constitution clearly makes provision for incarceration under conditions that are consistent with human dignity. She added that there is a need for a human rights culture and such a culture could not prevail under the previous conditions. Skilled staff is also needed because the majority of the staff was trained when the punitive approach was emphasized, now that they have adopted a rehabilitative approach, the staff needs to be retrained.

International experience
The unit management approach was first explored by the Department in 1995. They looked at the United States model of unit management as well as the Australian model. The approach was necessitated by the issue of assaults among inmates in those countries. This approach has been adopted by the Department of Correctional Services.

Advantages of the Unit Management system
- The prison is divided into smaller units with one person responsible for that unit. In Australia a unit was composed of 50 whereas the international norm is 250.
- Good control and direct supervision as well as early detection of problems in prisons.
- There is a positive relationship between staff and prisoners.
- The staff becomes multi skilled to deal with basic conditions in prisons.
- The multi-disciplinary approach allows services to be coordinated.
- Special arrangements for high-risk prisoners.
- It allows for optimal utilisation of staff

Ms Sishuba told the Committee that they had learnt from the experiences of Malmesbury Prison which has already adopted the unit management system. As a result of the approach, gangsterism in Malmesbury is non-existent. The conditions there are very good with a good relationship between the staff and prisoners. So far Goodwood and Malmesbury are success stories in unit management.

Ms Sishuba concluded that they had asked provincial commissioners to select three prisons where unit management will be implemented. These prisons are categorised as maximum, medium and small.

For more details on the presentation please refer to the attached document

Discussion
The Chairperson commented that their visit to New Zealand helped the Committee greatly in learning about the functions of unit management. He said that the Committee would be bringing another important issue, that of the integration of correctional services within the justice system. This integrated approach would help in dealing with the issue of overcrowding in prisons.

Ms Dlamini (ANC) asked what is the time frame for retraining and re-educating staff and when is the department going to complete this process.

Ms Sishuba replied that their current strategic document has a three-year cycle. The newly appointed deputy commissioner of human resources has already started to evaluate what they have been doing in that regard. The deputy commissioner wants the training to be part of a curriculum and also to be part of basic training.

Ms Dlamini asked when the system of unit management is going to be introduced in all prisons, given the problem of overcrowding.

Ms Sishuba agreed that the problem of overcrowding threatens to undermine all their gains. She said there is a task team from the departments of correctional services, justice, police and social development that is addressing the issue of reducing overcrowding in prisons. She added that unit management is meant to address overcrowding.

Ms Dlamini asked how often this project is going to be evaluated by the department and what indicators have been put in place to ensure that the department is on the right track.

Ms Sishuba replied that their mistake was to say evaluation is going to be conducted by head office in three months time. In the first place evaluation has to be monitored within that particular prison. Indicators would be to look at whether the training has been done. They will also look at whether there is a structured programme and all prisoners are participating.

An ANC member wanted to know what would be the role of the community in the integrated approach?

Ms Sishuba said there are NGOs that are involved in rehabilitation programs but they have no funds - as a result their work is not coordinated. The department will look at the NGOs’ programs that they could fund. The department needs to set out a policy that will coordinate the work of NGOs and CBOs. She added that the department cannot do rehabilitation alone, they need the assistance of the community.

Mr Durand (NNP) said his concern is about the funding of the project. Without resources the programme cannot be implemented. Is there any commitment from the government to assist the department in implementing the programme?

Mr Tshivhase, Acting National Commissioner, indicated that the department is facing serious financial constraints. However, he was quick to point out that the problem has been registered with the National Treasury. He said more money has to be put into the rehabilitation programme. It should be noted that in dealing with rehabilitation they are trying to curb overcrowding. Again, rehabilitation needs professionals such as social workers, psychologists, doctors and the department does not have enough money to pay these professionals. That is the problem facing the department at the moment.

An ANC member argued that the major problem that affects the budget of prisons is the question of unsentenced prisoners. These people consume the very same budget that could have been used for something else. He asked if the department has considered discussions with the Department of Justice with regard to unsentenced prisoners.

Mr Tshivhase recommended that the Committee should put pressure on the Department of Justice to review the bail system legislation. He said there is no use keeping a person for 36 months at a cost of R70 per day as he cannot afford bail of R500.

Mr Oosthuizen quoted a report from Judge Fagan (Inspecting Judge of Prisons) which gave the number of people who cannot afford bail. The figure came to the total of 11,080 people who are in prison as they cannot afford to pay bail of between R100 to R1000. He wanted to know what is being done about these people.

The Chairperson interjected that this is not an issue for Correctional Services only, it is a problem for the Department of Justice as well. The Committee needs to make suggestions on what should be done. He added that in New Zealand the Committee met a police commissioner who commented that there is no need to keep people with minor offences in prison. He said there is a need for an integrated system with Justice/Safety and Security as in New Zealand.

Ms Sishuba commented that currently they have an integrated justice system where the Directors-General of the departments of social development, police, justice and correctional services meet. One of their major tasks is to address the issue of overcrowding. She added that the statistics as of May 2001 indicates that out of 168 443 prisoners, 51 559 were unsentenced. The Saturday courts are meant to speed up the sentencing of those prisoners.

She said that the Tokyo and Beijing rule states clearly that police should be given powers that allow, in cases of minor offences, that the offender not land in prison. Rather the person could be given community service. That is restorative justice which is practised in New Zealand.

Mr Oosthuizen suggested that the Committee convene a meeting with the Department of Justice as a matter of urgency. The Chairperson indicated that as a starting point he has arranged a meeting with the Justice Portfolio Committee but they have not yet set a date. He assured the Committee that the meeting will be held before the end of the month and the issue of overcrowding will be discussed extensively.

The meeting was adjourned.