Minister’s Progress Report on Prison Escapes

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
13 November 2007
MINISTER’S PROGRESS REPORT ON PRISON ESCAPES

Chairperson: Mr D Bloem (ANC)

Documents handed out:
Escapes in DCS Powerpoint presentation

Audio recording of meeting

SUMMARY
The Department of Correctional Services (DCS) pointed out that there had been a downward trend in respect of escapes. They attributed this to the prevention measures taken by them. There was the festive season security plan, code named "Operation Vala" (lock-up) that was a strategy to deal appropriately with hardened criminals that pose serious danger to the society, officials and other offenders. This meant that there would be a cut down on jail visits and various other limitations applied to inmates and visitors. To improve the problem of escapism even further, the Department was going to engage in upgrading various prisons by improving technology and having better fencing.
 
The DCS noted a key problem as being the absence of staff on weekends which had the effect of facilitating escapes. The Commissioner said that the only way to solve this problem was to migrate toward the seven-day establishment in terms of their agreement with labour. This would kick in on the 1 April 2008. At the moment they were testing and modeling how the seven-day establishment would function.

To further curb escapism they want to limit the movement of inmates as much as possible. This was because escapes frequently happen while inmates were attending hospital.

The Committee expressed concern that DCS had spent an amount R9,7 million on salaries for more than 400 prison officials suspended because they were suspected of helping criminals escape. The cost arose because these officials were suspended but still received salaries while the matter was being processed. The DCS was asked to return within three months with a breakdown of this amount.
 
MINUTES
The Chairperson welcomed Minister Ngconde Balfour. He noted that a follow-up on escapes was something that was lacking in Parliament and that this was the purpose of today’s meeting. The Committee had visited Kokstad in August and had raised various concerns which would now be addressed by the Department of Correctional Services (DCS). The Department would report on progress in respect of recent and past escapes, the national landscape on escapes, security in prisons, the national statistics on escapes and Operation Vala (the Kokstad issue).

He introduced the delegation from the Department of Correctional Services which consisted of Mr Vernie Petersen (National Commissioner), Mr T Motseki (Chief Deputy Commissioner), Deputy Prisons Commissioner Mr W Damons, Mr J Smalberger (Regional Commissioner, Western Cape), Ms N Jolingana (Regional Commissioner, Eastern Cape), Mr N Legogo (Acting Hea: Ministry), Mr S Mzanywa (Ministry Liaison Officer), Ms M Zabo (Ministry Liaison Officer: SAPS), Mr M Wolela (Deputy Commissioner, Communications) and Mr V Shabalala (Director, Communications Office).

Address by Hon Minister Ngconde Balfour
Minister Balfour stated that the delegation would take the Committee through the trends in escapes, security challenges and threats and measures taken to combat these. Some of the measures and procedures taken by the Department were currently part of ongoing cases in the criminal courts. Such incidents were difficult to deal with because they were still to be heard before the courts. 

He said that the Committee could expect more arrests by police toward the end of the year as it was at the end of the year that there was an increase in awaiting trial prisoners and serious offenders trying to escape. This was the reason they would again be introducing Operation Vala (lock-up). This meant that there would be a cut down on jail visits and also limitations on bringing certain objects into prison. An example of this was that radios would not be allowed into prisons as they had had an incident where a weapon had been brought into the prison in a radio.

Operation Vala was to be instituted which meant shifting offenders to Ebongweni Super Maximum Correctional Centre Ebongweni (Kokstad) The Minister said that they usually implement Operation Vala during the festive season. He continued that they were going to fill up Kokstad as the logistics in terms of electricity and water, were now in place.

Address by National Commissioner
Commissioner Petersen stated that the DCS was aware that the public had a perception that there was a lack of consequences and also poor handling of investigations relating to escapes and collusion of officials. The Department had done some introspection as this perception was of concern to them. He admitted that it was their own disciplinary procedures that was at fault.

The DCS had changed their appeal procedure which had previously been based on a hearing system to a procedure which was now based on paper. This had caused faster progress although they were still dealing with a backlog.

He said that as a security institution they must put out a strong message. After the Special Assignment TV programme was aired, he had personally called in the culprits and gave them an ultimatum either to resign or be dismissed on the spot. Two of them resigned, and two were dismissed on the spot. He reiterated that this was the message the DCS wanted to send out.

He added that a lack of management accountability must be brought into the investigation report, especially in light of the Umtata incident. Thus, they must look at management issues.

The Commissioner continued that the DCS must not forget about an issue after the public focus on it had been reduced. Long after the incident, they must continue to examine if appropriate measures had been put in place, and he felt that they had done this. In the nature of their business, there would always be security risks. However, these risks had to be minimised.

When it comes to negligence, non-compliance and collusion the Department could not afford to be soft. They must ensure that there were consequences. They had seen loss of life within the Department due to the negligence of others and this pained them.

In this regard, they had asked the Minister of Finance to allow for a contribution to be paid to the family of someone who had died on duty – as was the practice with the South African Police Services (SAPS). This was a small gesture from the Department to impart sympathy.

He stated that escapes were not the only issue as there were other security challenges and threats that the DCS would also brief them on.

Briefing by Department of Correctional Services (DCS)
The presentation, made by several members of the delegation, looked at three critical areas: trends regarding escapes, security challenges and threats, and measures to reduce escapes.

In terms of security challenges there was a changing profile of crime in South Africa which meant a decrease in certain crimes but the trends that remain high involved sophisticated syndicates. The net effect increased the awaiting trial detainee (ATD) population and this impacted on the DCS system. There was an increase in the number of maximum security offenders.

The Committee were taken through the consequences of a few known escapes:
▪ Ananias Mathe escape: A multi-disciplinary task team had been established and disciplinary measures had to be taken. This was finalised on 22 March 2007. The case was to be heard on 27 November 2007.

▪ Another case, where the inmates had been working outside the facility and tried to escape, had been investigated. The investigation was finalised on 7 August 2007. The hearing would commence on 27 November 2007.

▪ In another investigation where a firearm had allegedly been put into a radio and the prisoner tried to escape was finalized on 12 May. There was however insufficient evidence in respect of three of the eight persons involved. Two officials were handed final written warnings, and three were reprimanded.

▪ In the Groote Schuur Hospital matter a sick inmate was taken to hospital by a well-trained staff member and gunshots were fired when they arrived at hospital. The Department knew this was a high risk inmate and they were confident in their staff. In light of this, investigations were still ongoing. There was also litigation against the Department in respect of this case. Thus far, disciplinary measures had been taken against all the staff members.

▪ In respect of the Middledrift escape, the investigation was finalized in August 2006. The DCS had recommended that four officials be charged, one dismissed, and one demoted.

In terms of security challenges facing them, they explained that many prison facilities were old and not responsive to new threats. Further, increasing the ATD population exposed them to increased vulnerability in day to day operations.

Overcrowding of offenders was also a problem. They were managing overcrowding through releases but the reduction was minute in terms of those incarcerated.

Referring to the graphs in the presentation, the decrease in the number of escapes over the past ten years was clear. There had been a decrease of 93 percent from 1244 to 113 in 2006.  However, the graph did not reflect short-term offenders. These were not classified.

Looking at the escape trends for the past three years they noted that there had been a downward trend while at the same time the prison population had increased from 2005-2006. According to the Department this meant that if they continue with these prevention measures the downward trend would continue further next year – showing a significantly positive trend. 

In spite of the downward trend, the current infrastructure did not meet the challenges that they were facing. They had looked at trends analysis and introduced a variety of measures to stop escapes as there should be no escapes. Interventions included an increased staff complement by over 35 percent in three years. Unethical behaviour such as  when there was evidence of collusion, meant instant dismissal by the Minister. Where appropriate, cases were handed over to SAPS for investigation. Further, there was improved sharing of information with the police and other security agencies and ethics training for officials.

There was vetting of staff by the National Intelligence Agency using business process analysis and the establishment of DCS field vetting units working in maximum security risk areas was currently in process. There was an increased use of the Departmental Investigation Unit (DIU). This independent body gets involved and investigates high profile incidents.

Security technology strategies had been developed and included electronic inmate tracking and video postponement which used video-conferencing to postpone cases of prisoners awaiting trial.

After the Minister announced the launch of Operation Vala last year there was increased security in that there was minimum movement in and out of the facility at Ebongweni (Kokstad). After that announcement last year there was a significantly noticeable improvement. They would monitor the tightened security again this year when Operation Vala began on 27 November. 

Long-term high risk inmates would be transferred to Ebongweni Correctional Centre. They were currently engaged in this process of filling up Ebongweni which, once completed, would be able to house 1 000 prisoners. They planned to introduce facilities around the country to deal with maximum security high risk inmates. Ideally every region should have maximum security facilities.

The criteria for selecting offenders for transfer to Ebongweni included whether they had been declared dangerous by court. Ninety seven people had already been transferred there. On 14 November 2007, thirty five more would be sent there.

The DCS concluded by noting that, as far as Ebongweni Super-Maximum prison goes, they were faced with water supply, sewerage, electricity, and maintenance challenges but they were working with Public Works to overcome these challenges.

Discussion
The Chairperson thanked that Commissioner and noted that the inmates sent to Ebongweni had no real chance of rehabilitation. They just needed to be locked up and kept there as long as possible. He referred to the Krugersdorp incident and asked when it happened and how long the officials involved were going to be on suspension. He wanted clarity regarding this as he had heard of officials being on suspension for as long as two and a half years. The department was taking too long to finalise cases against officials suspected of involvement in prisoner escapes. He also requested more information on the status of the Groote Schuur hospital incident.

The Commissioner replied that people were suspended in the Krugersdorp incident on both the 17 and 23 of April 2007. The cost of the suspension of 23 April was R62 000. This was the total value of the salary that the person continued to receive while on suspension. The cost of the suspension of 17 April was R48 000. The estimated cost of suspensions for Krugersdorp alone was R559 814. The total cost of suspensions was R9,7 million. To add to this, the longer the process took, the greater the possibility of evidence losing value. Often there were many postponements and the hearings process become prolonged.

He went on to explain that one may ask why not let them work while processing the case but it was really a legal issue and the effect was that one would want to call for dismissal. When such an incident happened the trust relationship had broken down so one really could not bring the official back to work. There was really no option. The official had to be suspended until the process had run its course.  

Mr S Mohote (ANC) asked for clarity regarding use of the word “temps” wondering whether the Department hired temps to accompany inmates out of the prison facility.

The DCS panel replied that the temporary officials were there to clean up stations. They were also referred to as temporary warders.

Bishop Tolo (ANC) referred to the incident of a female official who had indecent relations with one of the inmates and asked what action had been taken against the official. He described her as someone who helped a dangerous offender and said that South Africa must know what steps were taken.

The Chairperson replied that she had fallen pregnant from the inmate and had been suspended. The incident in question occurred in Middledrift in the Eastern Cape. A delegate from the DCS panel added that she had in fact been dismissed.

Bishop Tolo commented strongly that while some officials do good work, there were those who work in cahoots with the criminals. In doing so they were criminals themselves. If they help a killer to escape and that killer kills again, then that official was also a killer.

Ms S Rajbally (MF) asked how awaiting trial juveniles were kept and for how long. She also asked what happened to escapees once they had been apprehended again. She wondered what the real cause of the escapes was and whether there was a shortage of manpower.

The Commissioner replied that they were working closely with the Department of Social Development to divert young offenders from incarceration and into the supervision of their parents. However, this was not always possible. He noted that often they commit serious offences such as murder. The process was slow and the interventions were only helping to keep the situation stable. As such, the problem was not increasing or declining. They were also waiting for the Child Justice Bill to be passed. That would make it more difficult to keep awaiting trial juveniles in correctional services facilities.

He went on to say that if an escapee was apprehended disciplinary measures were taken against him. For example they could extend their period of incarceration. This was a quasi-judicial process.

Ms Chikunga (ANC) commented that she was pleased that the escape trend was declining. She had visited relevant training colleges and was concerned about the curriculum. The new recruits were like blank paper and an ethos of professionalism must be impressed on them. The length of time of the training was also a concern. If accountability was emphasized, then the problem of collusion would become less and less. It was essential that the DCS training curriculum must include this subject.

She then asked if there was a relationship between the disciplinary measures the Department had taken against officials and the decline in escapes. She added that the statistics indicate that people who were serving minimum sentences also seem to be escaping. She asked for an explanation as it would seem that they would have less reason to do so.

Many people escape from public hospitals. She asked what security measures were taken when inmates were taken to hospital.

The Chairperson replied that inmates often work in spans on a farm outside the facility giving them the opportunity to escape. This was a contributing factor. They need adequate staffing to guard the work spans. Sometimes those who were serving their last few days or weeks would escape. Some do it because they want to get caught and come back to prison – but this he said was a debate on its own. This related to the fact that sometimes there were no support systems for the inmates outside of prison. They were so institutionalized that they only knew how to live in prison.

He added that the prisoners the DCS had inherited were not designed for rehabilitation and they as the DCS must not fool themselves on this matter. He added that he would never say that rehabilitation should be done away with.

He continued that security training was a module in the basic training of a warder. However, specialized training and updates had to be conducted regularly. He said that when he was Regional Commissioner, he would get managers together to discuss security.

The Medium Term Expenditure Budget had put them in a position to now improve security. The problem with poor technology was that it was easy for the inmates to smuggle in weapons. They must perhaps look at improved fencing.

The problem was that there was a continuous movement of inmates either to court or to hospitals. Guarding them required a large number of people, especially if more than one was being moved. A good idea would be for DCS to have their own hospital because when moving them, there was always a possibility that someone may be waiting to help them escape. They must try to limit the movement of inmates for example with the introduction of video postponements instead of appearing before the magistrate personally. However, this could not be done for trials. 

A delegate from the DCS panel said that there were various contributing factors for the downward trend of escapes. The measure they had introduced was the national escape prevention plan. They revisited this, as well as the regional plan annually.

In respect of the hospital escapes, the procedure was that two staff members must escort an offender to hospital. This was the security measure taken in that circumstance.

The Commissioner comment on escapes saying that because of the rehabilitation endeavour it was impossible for the inmates to be locked up at every moment. Therefore, there was inevitably an element of risk. He added that the downward trend was so by design. It came as a result of Operation Vala, technology such as scanners, and better infrastructure.

Mr Selfe (DA) referred to the transfer of 200 inmates to Ebongweni prison and asked for clarity.

He also asked what the progress was with vetting agents. He asked how many people were in a position to be vetted and whether this could be done on a continual basis.

He reiterated the earlier comments of Bishop Tolo that those who conspire with dangerous inmates were co-responsible for the offences committed by those criminals after they escape. He asked if there was a way in which they could be held accountable for those crimes together with the actual criminal. The officials who conspire to make it possible for the criminal to commit further crimes ought to be held responsible for the crimes.

The DCS panel said that the transfer to Ebongweni was being done in three phases. The prisoners could not be moved all at once.

He went on to explain that they were signing contracts with Public Works in terms of maintenance of the prison. They requested a feasibility study for the water supply which did not only affect the prison, but affected the whole town. The dam was very low right now as it had been a dry season. They must do this before they fill the prison to capacity. They were building the reservoir as part of the feasibility study.

They were looking at which areas of their operations need to be vetted. The Commissioner had given the instruction that human resources must prioritise the implementation of this.
 
As far as co-conspirators were concerned, guilt was determined by the court. The DCS could not force people to be charged in respect of collusion. It was a difficult area to make a determination about.

The Commissioner added that the courts always dealt with criminal matters whether inside or outside DCS facilities. He went on to say that the actual escape was a criminal activity. The approach they were taking was to criminalize that in itself. They had been in contact with the police, the National Prosecuting Authority and the National Intelligence Agency about this.

There was no research as to whether the disciplinary measures taken were a deterrent to collusion, but this act of collusion must be seen as a crime. Dismissing the official on the spot was not sufficient. There needed to be criminal consequences. The message must be clear that staff could not collude or be involved in criminal activity.

He added that there was a concern that people on parole for minor offences commit serious offences while on parole. This was undesirable as they do not want to turn people into worse criminals. For this reason the harsher prison circumstances must be reserved for hardened criminals. If the parole system was failing, then this was something that they must look into.

The Chairperson referred to the comment in the presentation that the facilities that DCS had inherited were old and not responsive to new threats. In light of this, what was the explanation for the prison in Tzaneen from where not a single person had escaped and it was an old prison.

The Commissioner replied that in big cities many people do not know each other. That makes it easier to escape because they think that they could become invisible and go on with life. Tzaneen was a small town and people were generally known. If they did escape from there they would run to the town. There was no research to support the viewpoint, but in the Commissioner’s opinion, it was a matter of social cohesion.

The Minister added that it was essential to look at the mindset of offenders. They must know that if they get out, they would be rearrested. He went on to say that there were many prisons that needed maintenance because they were so old. They must continue upgrading.

In some instances, for example Atteridgeville, socio-political problems impacted on the prison itself. The fence to that prison was very low and taxis went past there all the time. Many of the staff in that prison were involved in the taxi association. It was a political burning pot and they were trying their best to sort it out.

The Commissioner said that they must look at using strong electrified fencing. Technology and good fencing was the only real option to minimize escapes.

A member of the delegation said that the current structures were not designed for rehabilitation even though this was a directive of the Department. Twelve facilities had been marked for upgrading. A five-year facilities planning framework was in place. They would be introducing CCTV cameras and x-ray scanners.

Ms Chikunga asked what the Department was doing to ensure that they could respond to new threats. She also asked why most escapes took place on weekends. She reiterated her earlier point of requiring ethics and professionalism to be part of the curriculum in colleges. She also asked what the impact of the inmate tracking system was in minimizing escapes.

The Minister replied that he visited the two colleges two to three times a year as he believed the colleges were critical to the work that they were doing. They do review the curriculum to ensure that it provides a service to them. The colleges were not forgotten. The Minister said that he tried to ensure that the trainees at college understood the system that they were going into and did not fall into the trap of colluding like certain older officials.

The Chairperson added that the basic training lasted only six months and the trainees went through fifteen modules. One could not transmit too much information to them during this time. They need on the job training and continuing education. The same applied to managers. There was a code of ethics but they needed a process of professionalising corrections. For example certain standards must be met before registration, or there must be a professional council. In this way they could increase their level of professionalism. He said that the Minister would be appointing an interim council to take that issue forward.

The Minister went on to reply that the member was correct about the weekend escapes. Big escapes happen on weekends. That was why he was always visiting prisons on weekends, because of that fear he had. In this regard managers had to come up with innovative ideas and juggle management in a way that suited the needs of the prison.

The Chairperson said that he was pleased that the issue of weekend staff was raised. On weekends prisons were left with half the staff they had during the rest of the week. Managers must use their discretion as they knew they were dealing with dangerous people who could escape. They should know that they could not work with eight or ten people over weekends.

The Commissioner said that the only way to solve this problem was to migrate toward the seven-day establishment in terms of the agreement with labour. This would kick in on 1 April 2008. At the moment they were testing and modeling how the seven-day establishment would function.

They would probably never have the required numbers, but research showed that there had been success with the two shift / seven day system. Research also showed that staff would prefer this system. There were hiccups in it but they were planning to launch it earlier in Johannesburg to deal with teething problems. They were sorting out the shift system, getting staff in the right places, and other initiatives that the White Paper wanted the DCS to embark on. These were transitional matters.

On the issue of electronic inmate tracking, a DCS member replied that an unintended consequence of inmate tracking was that a photograph of the inmate had to be taken to match the name to the face, then, if that person escaped, the police immediately had a photograph of that person, making it much faster to find them.

He further explained that if an inmate was sick he went to hospital with three staff members. This meant that there was a reduced number of staff. If this happened on a weekend then the number of staff at the facility would be drastically reduced. This was a problem they had to deal with.

The Chairperson asked if they had recruited three thousand staff for the new financial year.

The Commissioner replied that their target for the next three years was to recruit 1 311. They were aware that they had to recruit, it was a matter of national attention. Unfortunately, there were only two training colleges.

In response to a question by Ms Seaton regarding the Groote Schuur Hospital incident, the Minister replied that he would return with a better report.

Ms Seaton felt that the incident needed to be explained to the committee, even if it needed to be closed to the public.

The Commissioner replied that they could have the closed session as he had spoken to the families, and they needed closure.

In reply to Ms Chikunga asking what the rate of re-arrest of escapees was, the panel did not have the figure available. They said that they would look at that in the future.

In reply to a request for clarity regarding the seven-day system, the Commissioner said that Resolution 1 of 2007 overruled the problem of people take a day off for working on public holidays and on weekends because this caused havoc. The overtime system was replaced with a seven-day working week. Research showed that after initial resistance, staff came to like the idea of the seven-day establishment, for example in the USA. This way, people work for three days, then take 3 days off. The seven-day phasing in would start on 1 April 2008. It would create a situation where officials would start moonlighting to supplement their income but this was fine as long as they clear it with their employer.

The Chairperson asked for clarity regarding the status of the 200 people to be transferred to Kokstad.

A DCS member replied that 97 had already been admitted, 35 would be transferred on 14 November 2007, 68 were still outstanding, and 6 could not be sent. The Eastern Cape only sent two out of four. He made a commitment to the Chairperson to be sure to have admitted all 200 by the 27 November 2007.

Closing Remarks
The Minister thanked the Committee and said that he wanted the relationship between them cemented as they had respect for the oversight role the Committee played. The seven-day establishment would be running soon and they would talk about that next time.

He continued that some of these criminals were dangerous, but, they were dealing with ordinary people, not extraordinary criminals, and with the assistance of the Committee, they would get there.

The Chairperson thanked the panel for the briefing and the Commissioner for his open and honest replies. He said that he wants to deal with the breakdown regarding the costs of staff suspension. A timeframe should be set for this and he thought it would be a good idea if the Department reported on this in the new year as he did not want to leave it open-ended. There was a lot of taxpayers’ money being used for paying people to sit at home. The R9,7 million must be taken very seriously. He concluded by saying that he knew the Commissioner and his team would be capable of reporting back on this matter by the end of February.

The meeting was adjourned.