Prison Escape from C-Max: deliberations & Audit Report Issues: Department’s Progress Report

Correctional Services

06 March 2007
Share this page:

Meeting Summary

A summary of this committee meeting is not yet available.

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
06 March 2007
PRISON ESCAPE FROM C-MAX: DELIBERATIONS & AUDIT REPORT ISSUES: DEPARTMENT’S PROGRESS REPORT

Chairperson
: Mr D Bloem (ANC)

Documents handed out:
Management Response to Portfolio Committee Report on DCS Annual Report 2005/6
Current State of Expenditure: DCS Presentation
Audited findings on DCS and response steps and dates [email [email protected]]

SUMMARY
The Committee held formal deliberation on the report given by the Department of Correctional Service’s investigating team on the escape of Ananias Mathe from C-Max Correctional Service Facility. Members were not happy with the report or with their visit to the cell, when they noted that only the window allegedly used for the escape was cemented, and that a proper forensic audit seemed not to have been carried out. They suspected that there had been a cover-up and too many questions remained unanswered. The Committee felt that a further independent investigation was warranted, and that charges should be laid swiftly against DCS officials. The Committee did not approve the report.

The Department of Correctional Services detailed its progress on issues raised by the Auditor-General. The report covered the state of expenditure, as at 31 January, and detailed the progress in interventions, disclosure of partnerships, medical expenditure, housing loan guarantees, interface between the accounting and payroll systems, policy development and budget. Some other items were identified as needing longer to resolve. Current expenditure was at 73.18% of budget. Low spending in certain areas was explained. The role and functioning of the Audit Steering Committee was outlined and the deliveries on priorities were now factored into operational plans and performance reporting. The progress of implementation of recommendations from the Jali Report was detailed. Progress on facilities was given. The staff complement of the Department had grown, and would be realised by 01 April 2007. Attrition rate averaged 1500 per annum. DCS had prioritised critical areas for vetting purposes with the help of the National Intelligence Agency (NIA) and the National Vetting Strategy. The HIV/AIDS programme was launched in October 2006.

Members were pleased with progress. They asked for an update on status and the attrition rate, the status of prisons not covered in this report, an identification of the staff leaving the Department, the progress with filling the post of Commissioner, and whether the Committee looking at issues raised by the Auditor General was intended to become permanent. The answers would be given at the next meeting.

MINUTES
Ananias Mathe escape from C-Max prison
Mr E Xolo (ANC) reported back on the Committee’s oversight visit relating to Ananias Mathe’s escape from C-Max prison. The Committee had visited C-Max and met Mathe. Members were shocked by the fact that the window through which Mathe had made his escape was now cemented shut. It looked suspiciously like a cover-up. He was also annoyed by the fact that Mathe tried to bargain with the Chairperson before he would discuss his escape. He felt that the team reporting on the investigation was stubborn and that the report was incomplete. There had been a suggestion that another independent investigation team should be set up, preferably including members such as a retired judge and a senior advocate. This team would have the confidence Committee, and the findings of the new and previous teams could be weighed against one another.

Ms W Ngwenya (ANC) was also not convinced by the findings of the report. She was convinced that officials helped Mathe escape. She supported Mr Xolo’s suggestion.

Mr J Selfe (DA) recalled that an official had commented that it remained a mystery how Mathe escaped. He agreed that there seemed to be a cover up because of the unanswered questions regarding the staff at the facility, the missing keys, the lack of infrastructure improvement and the fact Mathe was allowed to cuff himself. In his opinion it was impossible for Mathe to escape without help from the officials. The public needed swift assurance that this would not happen again. Charges should be laid. He believed that a new investigation would perhaps take too much time.

Ms S Seaton (IFP) supported Mr Selfe. She also had no doubt that there was a cover up. There was no way Mathe could have escaped through that window alone. There should be charges brought against the entire shift on duty that day. It could be difficult to conduct further investigation because evidence could have already disappeared.

Mr M Shah (DA) endorsed these views. There was nothing conclusive in the report. When the Committee went to C-Max facility he took the time to talk to other inmates. These inmates mentioned that the night before his escape they could hear screaming and shouting from his cell. When they went to see Mathe’s cell, his personal effects were still there, including a tub of Vaseline, which indicated that the forensic audit was not done properly and that another investigation was needed.

Ms Nawa (NA) aligned herself with the other Committee members’ responses. She enquired when the Department would give a report.

Bishop L Tolo (ANC) mentioned that Mathe’s body was not as big as his head. He was concerned that the only window that was cemented in the entire prison was the one in the empty cell. Those cells with inmates did not have cemented windows.

Ms Ngwenya was not clear why Mathe was in Cell Section A6 when he was not charged.

The Chairperson thanked the Committee members for their input. He summarised that a clear proposal had been made to have a new investigative team appointed. Other members also proposed that criminal charges be brought. The Chairperson was concerned with the apparent lack of proper forensic investigation. The report itself was very vague and the proposal for further investigation from the National Intelligence Agency and Crime Intelligence meant the Department of Correctional Services (DCS) had effectively assigned responsibility elsewhere.

The Committee rejected the report of the DCS as Members were not satisfied with the findings.

Issues raised by Auditor General for 2005/06 financial year:  Progress Report by the Department of Correctional Services (DCS)
Ms Jabu Sishuba. Acting Commissioner, DCS stated that in November 2006 the Executive Management Committee and the Ministry had conducted a review of the Department. Following that review, DCS had to look candidly at its organisation for the past three years, to identify the problems and the root causes and to find a way forward.

Ms Nandi Mareka, Deputy Commissioner, DCS presented an action plan based on the findings of the Auditor General for 2005/06, the queries raised by the Portfolio Committee and the Reports of the DCS’s inspectorate, Internal Audit and Audit Committee. Significant progress had been made in addressing problems in  interventions, disclosure of Asset Procurement and Operating Partnerships (APOP), medical expenditure, housing loan guarantees, interface between the Basic Accounting System (BAS) and the payroll system PERSAL, policy development and budget. Issues of asset management, receivables, pharmacies, leave, fleet management and payroll would take longer to be resolved.

Ms Mareka stated that the state of expenditure presented in the report related to 31 January 2007. The final overall expenditure of the DCS was 73.18%, compared against the ideal 83.33%. The second phase of the Seven Day Establishment appointments was completed during September and October 2006, and had been captured on PERSAL, which resulted in personnel expenditure improving. The low expenditure on Goods and Services was due to property management only having been billed for April to September in the amount of R149 million. This was paid in February 2007. The expenditure on payments for capital assets was very low even though funds for the New Generational Correctional Centres (NGCC) had been surrendered, and there was a backlog in billing for repairs and renovations. The preliminary indication showed that at least R157million could not be spent in the 2006/07 financial year. Those funds would be rolled over to fund the Kimberley projects.

The main function of the Audit Steering Committee (ASC) was to promote communication and coordination between DCS and the Auditor General (AG). It also served as a forum to report on progress and challenges. The ASC was comprised of selected Deputy Commissioners, directors and the Auditor General. This committee met monthly and the review meetings had confirmed that it was effective in achieving its objectives.

Deliveries on priorities would be systematically factored into operational plans and all performance reporting as from April 2007. The DCS held an Inter-branch and Region Strategic Planning and mid term review session to promote information sharing and integration. Managers were to be held accountable for poor or non-performance. Performance assessment would include verification reports.

The Implementation of the Jail Commission Recommendation would include its outstanding issues. Strategic and operational plans were established in management systems and disciplinary hearings were taking place. The DSC worked closely with the Department of Social Development for the transfer of children out of Correctional Centres and had thus far managed to move 1100 since December 2005. Kimberley facility was under construction, Nigel and Klerksdorp facilities were awaiting technical advisement reports while Leeuwkop had a viability study to be conducted. The Offender Rehabilitation Path programme would improve on its capacity for delivery as stated in the White Paper. Electric fencing and X-ray scanners would be used to intensify security at 66 correctional centres. The minimum-security policy and standards that were developed had been approved. The policy and strategy on interventions designed to improve the quality of services to probationers and parolees had been approved. The Correctional Services Amendment Bill should come before parliament in the second quarter of this year.

Ms Mareka then addressed the vacancy rate issue. She stated that the staff complement of the Department had grown from 33000 in 2003 to 40100 by December 2006. The full complement would be realised by 01 April 2007. Attrition rate averaged 1500 per annum, which included resignations, deaths and medical boarding. The turnaround time for filling advertised posts had been reduced since the appointment of the recruitment agencies.
She tabled details of the race and gender profiles of employees for each province.

MS Mareka stated that DCS had prioritised critical areas for vetting purposes with the help of the National Intelligence Agency (NIA) and the National Vetting Strategy, which was approved by Cabinet in December. The DCS had identified the first rollout, and when this was done it would be able to conduct its own vetting with the assistance of the NIA.

The HIV/AIDS programme, based on the core pillars of prevention, care and support, treatment and respect for human rights, was launched in October 2006. The survey was completed in December 2006 and the preliminary report would be available at the end of February 2007. Training had also been funded from the donor funds provided by the United States Emergency Plan for AIDS Relief (PEPFAR).

Discussion
Mr Shah commended the presentation, which had given him hope that DCS had the capacity to deal with its challenges. He requested that the Acting Commissioner return to the next meeting with an update on status and that there be a breakdown of the attrition rate, and how the Department intended to meet this challenge.

Ms Seaton concurred with Mr Shah. She enquired about the other five prisons, as only three were mentioned in the presentation.

Ms Ngwenya requested a report on these people leaving the Department. She also wanted to know if the position of Commissioner had been advertised.

Ms Nawe enquired whether the Committee that was established at the Auditor-General’s behest would remain a permanent fixture. She noted that many of the acronyms used in the report had not been explained and were not known to those outside the DCS.

The Chairperson stated that these questions should be addressed by the Acting Commissioner at the next meeting.

The meeting was adjourned.

 

Audio

No related

Documents

No related documents

Present

  • We don't have attendance info for this committee meeting

Download as PDF

You can download this page as a PDF using your browser's print functionality. Click on the "Print" button below and select the "PDF" option under destinations/printers.

See detailed instructions for your browser here.

Share this page: