Provincial Presentations

Correctional Services

18 September 2001
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Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
18 September 2001
PROVINCIAL PRESENTATIONS

Chairperson

: Mr. N.B. Fihla (ANC)

Relevant Documents
Department of Correctional Services Gauteng (Documents awaited)
 

Department of Correctional Services Kwa Zulu Natal(Part 1)
Department of Correctional Services Kwa Zulu Natal(Part 2)
Department of Correctional Services Eastern Cape
Department of Correctional Services Western Cape (Documents awaited)

SUMMARY
The provincial commissioners of correctional services presented an overview of the status quo regarding correctional services in their provinces.

MINUTES
Mr. Fihla stated that the purpose of this meeting was not to interrogate the provinces but to identify problems and challenges facing correctional services and to contextualise what the committee had seen on various inspections in loco.

The Commissioner of Correctional Services introduced his Provincial Commissioners and thanked the committee for providing a forum where government could begin the process of stabilizing the turmoil of the last three years, and ridding the department of the bad image created by corruption.

The Commissioner for Gauteng, Mr M Modise, the Commissioner from Kwa Zulu Natal, Mr P O'C Gillingham, the acting Commissioner of the Western Cape, Mr Nxele and the Commissioner from the Eastern Cape, Mr Motata made presentations as per documents attached.

Discussion
Ms Seaton (IFP) posed several questions as follows:
-Has the disgusting situation at the Johannesburg prison improved since her visit there?
-What actions were taken against the union members who staged the hostage drama
-What percentage of the inmates hare involved on farms and in workshops
-What is the percentage for recidivism in the province
-In KZN what percentage of the prisoners are active on farms and in workshops
-In KZN how may children are awaiting trial and how long do they have to wait
-The above questions to all the provinces also.

Mr. Lamina (ANC) posed several questions as follows:
-Regarding workshops, what are the financial gains from these activities
-Regarding Malmesbury prison, are condoms issued to prisoners freely or is there still a moral reluctance to do so, since sodomy is a reality in prisons. He noted here the case of a mother who wants to take the DCS to court because her son was infected with aids through sodomy. He noted that prisoners have no choice in the matter. Condoms are essential. He related the case of a young boy in KZN who had mutilated himself in an attempt to avoid being sodomized. The area commissioners should not have discretion in this matter and that condoms should be compulsory. This was in compliance with preventative health care and of benefit to the larger community into which prisoners were later released.
-With regard to the Pretoria prison workshops, he queried the fact that it appeared that African prisoners were not allowed to use electrical tools or be exposed to electrical training.
-He queried that senior positions in the Western Cape were only held by colored people and submitted that black people should be given the opportunity for upward mobility.
-The relocation of female prisoners in Eastern Cape - was this done with due regard to the issue of distancing them from their families
-What information was there regarding the reports of civilians selling DCS recruitment papers to the public and taking bribes in this regard.

LN Diale (ANC) asked:
-for clarification on the relationship and co-operation between the various provinces and the criminal justice system
-also what was being done about overcrowding and un-sentenced prisoners

LJ Tolo (ANC) referred:
-to the Zulu-dance competition organized by the KZN prisons and suggested that this excluded the non-Zulu speakers in the system.

Mr. Bloem (ANC) with reference to the Western Cape addressed:
-The question of a particular vacancy in Stellenbosch had had remained unfilled since the last report in 1999 and asked for an explanation
-Which of the solutions in the 1999 report had been implemented, because it appeared that the same solutions were contained in the current presentation
-How many staff were involved in drug dealing in prison
-To all the provinces he wished to have information on the parole issue regarding a uniform policy in light of the early parole of some high profile offenders e.g. Mr. Boesak.

A member from the Eastern Cape asked:
-What criteria had been followed for the decision to concentrate juvenile offenders in certain prisons.
-Why did it appear that skills-training was biased in that only agricultural skills were taught to those who were from rural areas. Surely the inmates should be given the skills also to join the large urban workforce on their release. Is this not akin to the old National Party government’s policy?
-What is being done in the prisons to promote academic qualifications amongst staff and are there any limitations or conditions for assistance herein.

Mr. Fihla also asked:
-For an explanation of the unit management process
-The ratio of staff to prisoners
-In the Eastern Cape, the scope and progress of the St Albans project

Provinical Commissioners Responses
The Commissioner from Gauteng responded:
-Regarding Johannesburg prison, the committee members had inspected the situation; a visit of the constitutional court judges had also taken place a few weeks earlier. The issues of maintenance drainage and leaking pipes had been addressed already and Mr. Davis of the prison had the matters under control.
-Regarding the hostage question, this had been reported to Minister Skosana who had undertaken to investigate and engage POPCRU vis a vis their incorrect conduct (though the commissioner had no confirmation that this had taken place). He confirmed that all the members involved were still at work and thus nothing seemed to have been done.
-Regarding workshop levels, this information would have to be provided later
-Similarly for recidivism, statistics could be provided later. However the problem was that there was no proper measuring tool, except the frequency of return to the prison. A study was currently underway to compose a measuring tool and then statistics could be provided.
-Financial statistics from the workshops could be provided since these were accounted for on a monthly basis.
-Regarding HIV/Aids, condoms were available in all prisons and sections, and though the prison authorities understood the moral concerns raised, the reality of abnormal prison life necessitated the use of condoms; abnormal behavior still kills
-Regarding access by African inmates to training in electrical skills and IT, this has been addressed by the area manager of Pretoria
-Gauteng had a good ongoing relationship with the criminal justice systems and held regular joint meetings regarding amongst others the speeding up of court process
-The parole issue posed an important problem since the current policy left a discretion to the officials concerned; there was a need or a unified interpretation of policy.
-Unit management was on track in all the provinces and the only problems encountered were structural deficiencies of the old prisons and the training of personnel to manage the system

The Commissioner for KZN responded
-KZN had only one textile workshop. In Pietermaritzburg a new facility was being constructed and it was anticipated that there would be a turnover 400 prisoners per day, i.e. about one third of the PMB prisoners
-Regarding the waiting time for prisoners, the cycle time for children had a national average of 122 days and for supreme court cases 220 days
-Details of the financial impact of workshop activities could be provided later
-HIV/Aids was a shared concern and condoms were previously only available in hospital sections. His matter was being attended to.
-Every second month the clusters met under the chairmanship of judge Tshabalala and the meetings were productive
-Regarding the Zulu dance question, it was thought that this was a cultural tradition in the area and even those who were not Zulu could appreciate it and watch it.
-The murder of Tutu Bengu was being investigated by the Scorpions and the Police with high profile support
-In the recruitment area, there was an awareness of the selling of application forms by private individuals in the past. Application forms were now only issued directly from the Commissioners office with an official stamp to identify them as such
-The parole issue required a unified policy

The Commissioner for the Western Cape responded
-There were 557 inmates in total occupied in the workshops
-Detailed information on the production and financial profit of the workshops could be provided later
-Regarding HIV/Aids and Malmesbury, the new structures being put in place might obviate the need for condoms since there would be no large uncontrollable cells. Condoms were however issued.
-Regarding representivity at entry-level positions for African candidates, the Western Cape traditionally had whites and colored in senior positions, but since the early nineties of the 6200 recruitees, 1000 were black. After 1994 there has been a rapid rise in this ratio at both senior and entry levels and details could be provided later. The Western Cape fully co-operated with the national policy in this regard in that almost 70% of the new recruitees at entry level in the years after 1997 were black. The national targets should however be seen in the light of the demographics of the western cape population where 60% of the population of coloreds resided.
-The Western Cape had excellent ongoing relations with the justice departments and authorities
-The vacant post in Stellenbosch was a surprise to the commissioner but understandable given the disruption nationally in the public service over the preceding years e.g. the recent moratorium which caused further delays not only in Stellenbosch. The matter would however be addressed.
-Nine members were implicated in drug dealing within the prisons, criminal cases where pending in these instances and 2 members from Brandvlei had been dismissed
-Normal parole policy has never been a problem, but recent high profile offenders have been dealt with differently and thus the heightened focus and topicality of this issue. It would be however helpful to have a single express policy for all parolees
-Regarding the improvement of the skills of personnel, the WC made bursaries available, some member’s studies privately and NGO’s also facilitated further training. The guidelines for the bursaries were merely that the course of study would be of benefit to Correctional Services
-The ratio of members to prisoners was 1:7
-Unit management was cutting edge in the WC, with the national pilot programmes having been successfully implemented. The WC was ahead of the national target of 2005 for completion of training - the WC would be ready in 2002.

The commissioner for the Eastern Cape responded
-The ratio of staff to prisoners was 1:7
-Unit Management was the best in implementation in the country
-Workshops had 520 inmates currently active and were operating at 60% capacity since more machinery had to be purchased and standards of safety had to be insured
-There was no attitude against the use of condoms and these were provided and a register kept to provide statistics over time
-Details of workshop revenue could be provided at a later date
-It was precisely the considerations of distance and family separation that were addressed through the consolidation of female prisoners. The prisoners were centrally located to cover the entire area and to keep female prisoners as close as possible to their family base. Mother and child units were created and wide consultation took place regarding the issue of maintenance of family ties. As such less than 3% of the female prisoners had any difficulties with these issues.
-A unified parole policy was necessary
-The choice of Cradock East London and Grahamstown for juvenile centers was made since these facilities were the newest and had better and more appropriate structures for juveniles
-There was a misconception that rural prisoners received only agricultural training and not urban skills training. Prisoners themselves chose where they wished to be released and for the purpose of relocation into those societies skills training appropriate to reintegration into those communities was then undertaken.
-St Albans had an in-house court where awaiting trial prisoners could be heard, so as to relieve the burden on the other courts and to avoid escape possibilities.

A series of follow up questions were posed by the committee members:
-Regarding the hostage drama, what exactly happened and why has no action been taken by the Minister
-Why have the vacancies in all the provinces not been filled
-What are the figures for escapees at the current time
-Parole requires a unified policy with no discretion tom local officials and the Committee itself should be the ones to create this policy
-On a visit to Pollsmoor, it was indicated by health staff that for two months previously there had been no screening of incoming prisoners
-Also health staff were not registered with the Nursing Council
-In Gauteng why was there only one 24 hour facility in Pretoria
-Why were there more male than female inmates infected with the HIV/Aids
-What was the effect o f the 3 meal versus 2 meal policy on the inmates especially HIV positive prisoners
-How were mentally ill inmates dealt with
-On the Zulu dance issue surely it was a general dance that had nothing to do with a particular racial divide; Johnny Clegg, a white man, did the Zulu dance
-What was the concept of restorative justice
-Was information technology a viable course for bursary assistance


The Commissioner for Gauteng responded:

-The hostage drama occurred in Pretoria Conference Center on 14 August 2001. While busy with a presentation, members of POPCRU took over the session, sang songs and stated that they were aggrieved, harassed and had no platform to air their problems. They prevented the officials from leaving the hall before they could speak to the Commissioner personally. POPCRU wanted to be part of the Provincial Boards and claimed that bilaterals were not effective. The Commissioner arrived and officials were allowed to leave the hall at 17h30. On the 15 August a memorandum was handed by POPCRU to the Commissioner who handed it on to Judge Tjali for further investigation. This was the status quo.
-Plans were being made for further 24 hour facilities in Boksburg and Jhb.

The Commissioner for KZN responded:
-In total 460 posts were vacant and only 97 of these have been filled due to financial constraints
-Mass escapes e.g. Empangeni in previous years had led to a high escape statistic then. The current figure was 43 so far.
-Social workers were trained in restorative justice in workshops by outside specialists in this area
-The New Correctional Services Act which was not yet promulgated provided for a 3-meal plan and this has been piloted successfully already, with the necessary alteration of duty rosters for staff.
-The majority of prisoners are male and therefore it should be expected that HIV/AIDS infections in that group would be larger than those of female prisoners
-In principle, mentally ill prisoners who have been so declared by court have to be afforded treatment by the prison system or transferred to mental institutions. The merits of each case determine whether parole is appropriate. In the case where prison authorities identify illness themselves, directions from the department of health are sought and followed.

The Commissioner for the Western Cape responded
-Bursaries are offered for personnel development and IT is a priority subject area. Currently there are five students at the Technikon in this area. The bursaries are biased towards junior personnel or those without a degree. Study loans were offered without restriction
-Pollsmoor had a serious overcrowding problem with admissions and teams had been set up to deal with this as a matter of priority
-Regarding registration of nurses, it was understood that no one could be employed in this category unless they were registered with the relevant council. Perhaps some members had allowed their registration fees to lapse. This would be followed up.

Mr. Esmeraldo, the Chief Deputy Commissioner, Operational Support from head office noted in regard to vacancies that
-After lifting the moratorium, the minister was cautious in letting then Provincial Commissioners appoint staff, the applications all had to be evaluated by HQ before filling of posts was possible. This caused delays and it was suggested that this process should not be centralized in the future.

The Chairman then thanked all the Commissioners and reiterated that this meeting was an attempt to gain insight into specific problems facing the Department of Correctional Services, to interact with the justice system and penal system, in order to effect the change from an abnormal community in prison to a normalized one. Overcrowding appeared to be the real cancer at the heart of most problems in the penal system.

The meeting was adjourned.







 

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