Department of Correctional Services Budget 2008/2009: public hearings

Correctional Services

18 March 2008
Chairperson: Mr D Bloem (ANC)
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Meeting Summary

The committee heard presentations from various stakeholder associations on the Department of Correctional Services 2008/2009 budget. They raised various concerns about the activities of the Department and welfare of its members. The committee lamented the amount of privileges being enjoyed by prison inmates at the expense of the tax payer. They also lamented the level of idleness exhibited within the prisons. They strongly urged that the trend of excessive privileges must be stopped and agreed that there was a need to engage prison inmates in productive work while in prison. The issue of overcrowding was also addressed. It was agreed that the Department should explore other options on how to deal with this problem. The committee also called for more participation from members of the public in its public hearings.

Meeting report

The Chairperson opened the meeting by thanking the organisations present for honouring the committee’s invitation to make presentations. He however expressed his disappointment at the very few number of organisations that participated in the Committee’s public hearings. He urged the media to help in communicating with and informing the public on the dates and importance of participating in these hearings. He also noted that the problem of privileges in the prisons was a huge concern and hoped that the various presentations would address this issue.

Police and Prisons Civil Rights Union (POPCRU) Submission
Mr Abbey Witbooi, General Secretary, Popcru, thanked the Committee for inviting it to attend and comment on the budget of the Department of Correctional Services (DCS) as it was being recognized as an important stakeholder. It was concerned about competency issues in the DCS, and suggested that there was a need to recruit the right calibre of employees and target the professional enhancement of competencies. There was currently a top-heavy structure that was not sufficiently innovative nor responsive.

POPCRU wished to raise concerns around the filling of 35 000 vacant posts. Delays in filling these had meant that money was returned to National Treasury (NT) and this should not recur. The success of the seven-day establishment would be determined by further employ of personnel in the Department.

It was noted that most of the correctional services facilities were built before rehabilitation was an issue. The shortage of space was severe, and many facilities needed urgent repair even without the added strain from overcrowding. POPCRU would support the building of more facilities but did not support the joint venture mechanism, as it believed that the housing of inmates was the responsibility of the State. Conditions of employment were not properly regulated.

Mr Witbooi believed that not sufficient was being done to address overcrowding, which was causing many of the challenges. Building more facilities was one solution, but the root causes of crime must also be addressed, together with improved management of the facilities and the restructuring of the justice system.

There was too little in the budget on staff training and development. This must be taken more seriously by the Department and appropriate mechanisms put in place. POPCRU was further disappointed to note the continual use of consultants, many of whom were former members of the Department. There must be attention paid to the Occupational Specific Dispensation.

POPCRU also commented that the question must be asked whether the objectives were sufficiently aligned with the White Paper on Corrections. Awaiting trial detainees were still housed in the same facilities as sentenced offenders. The Department should be re-evaluating its performance in this area.

POPCRU also called for restructuring to be aligned better with the challenges, and was opposed to the current demarcations by regions rather than provinces. 

Discussion
The Chairperson asked if there were no classifications of inmates when they were in prison. He stated that he knew that there were usually grades into which inmates were classified, and that the inmates were required to work hard in order to be transferred to higher grades.

Mr Witbooi replied that it was a fact that in their institution, there were no strict control measures on the grading of inmates. This, he explained, resulted in a situation where there could be a mixture of people involved in various activities. He however stated that he would not know whether this was due to a weakness in management or not.

Ms S Rajbally (MF) stated her concern on the issue of overcrowding. She questioned how issues or matters are brought to court for hearing or dismissal, especially in the juvenile courts, and how this could go a long way in reducing the problem of overcrowding. She also questioned what POPCRU was doing about the training and development of staff in advance of their resumption of office.

Ms W Ngwenya (ANC) also wanted to know how the problem of overcrowding could be solved, as she noted that there was no budget for these people.

Mr Witbooi replied that they did not have authority to split up cases, especially those involving juveniles. He explained that the issue of overcrowding was as a result of diverse factors, including backlog of cases in courts, and long periods for which inmates were awaiting trial. He went on to say that the issue of overcrowding involved all role players including the lawyers, the police, and the justice system. He concluded that POPCRU could not, as a body, adequately answer the question of overcrowding.

Ms Ngwenya stated that the submission made by POPCRU on ‘filling of vacancies’ seemed to be merely recommendations. She pointed out that POPCRU did not state whether meetings were being convened in the centres in order to explain to the members what the 7-day establishment stood for, and its possible benefits. This resulted in members complaining and challenging the establishment.

Mr Witbooi stated that the question of the 7-day establishment had been explained to its members. He explained that the process had however been misused and manipulated by staff, who did not work during the week and were only found on duty during the weekends. Mr Abbey said that POPCRU were not opposed the removal of the 7-day establishment, and offered their full support to it, but the problems of salary adjustments and management would have to be addressed before the 7-day establishment can be removed. Mr Witbooi however stated that in the meantime, extra efforts would be put into explaining the very principles underlying the establishment to its members.

Ms C Chikunga (ANC) noted that there seemed to be an increase in the number of officials that were being trained by the department. She therefore asked whether the problem was with the training itself, or whether the people being trained were not taking the training correctly, or were not trainable, or whether they were simply being put in positions that they could not manage

Ms Chikunga noted that in its presentation on the issue of overcrowding, POPCRU mentioned the need for the building of more infrastructures and prisons, as a means of resolving the problem of overcrowding. She asked about what model POPCRU would suggest that the Department followed in building more prisons. Ms Chikunga also asked whether stakeholders in the Department of Correctional Services, were taken on board and made to participate during training.

Mr Witbooi explained that the problem on the issue of training, did not lie in the fact that people were not trainable, but that people failed to realise that the inmates they dealt with were people with human rights who needed to be dealt with carefully. He also stated that that there was unfortunately no training provided on the issue of the human rights inmates.

Mr Witbooi went on to say that POPCRU did not believe that the issue of overcrowding had been taken seriously by the Committee, because a change was yet to be seen. He explained that if the Committee started a serious plan on the development immediately, then in ten years time there would be a different situation. He further stated that the Department had not consulted with POPCRU on the issue of training and development of members, and that they were concerned about this.

Rev L Tolo (ANC) stated that the aim of the ANC government and that of the Department was to fight poverty. He however stated that POPCRU has shown itself to be only interested in training its staff, and had said nothing about the training of inmates and their integration back into society.

The Chairperson interjected at this moment. He stated that it was very good to hear what the public actually thought of a Department. It was very good for people to point out weaknesses in government and departments, and as people elected by the government, it was their duty to bring such criticisms to the attention of the government.

Public Servants Association (PSA) Submission
Mr Pierre Snyman, Chairman of Public Servants Association, focused on two major issues; the introduction of an Occupational Specific Dispensation (OSD) for Correctional employees, and the envisaged implementation of a seven day establishment. The PSA played a critical role in the reintroduction of overtime remuneration for DCS employees, which alleviated the financial strain placed on the employees. The DCS employees also received a slight increase of R30 per month in their housing subsidy allowance. This was however insufficient.

On the OSD he said that its introduction creates the opportunity to retain current staff in DCS as well as to attract high calibre employees in the future. The successful implementation of the OSD was imperative in securing the achievement of the strategic objectives of the DCS in the medium to long term, and this could only be achieved by a highly professional and motivated staff component. The PSA was however concerned that the expectations raised by the introduction of this concept could result in disillusion as the offers from the State as employer in the sector did not nearly reflect its stated objectives to attract and retain high quality employees.

On the seven day establishment, Mr Snyman stated that its introduction would have a positive effect of reducing the number of hours worked per employee per month. The employees would rotate between various duties within a shift to break the monotony of their work. This would have psychological benefits for the employees as well as impact positively on their work and social life conditions. The PSA was however concerned that the Department’s focus seemed to be on the implementation of the new shift system, and not on the successful finalisation of the OSD. The PSA was of the view that motivational factors such as the OSD should receive the highest priority and the rest would fall into place.

Discussion
The Chairperson noted that the Committee was concerned about the issue of privileges enjoyed by inmates, which was costing the Department huge amounts of money. Some inmates spent their time watching TV, using public telephones and other recreational matters. Some of these privileges were excessive and unnecessary and should be stopped. He felt that inmates should be involved in productive work while in prison. He asked the PSA to make this issue a part of their agenda in the future.

The Chairperson also noted that R9.7million was spent on suspended DCS members and wondered why this was the case. 

Ms Ngwenya noted that the DCS employees had been neglected for too long. Salaries and working conditions of the employees were very poor and should be addressed. It was a shame that the housing subsidy was increased by only R30. She suggested that a committee be set up to deal with improving the conditions of these employees.

Mr Snyman agreed that some of the prisons were too luxurious and that some of the prisoners were enjoying excessive privileges. He noted that the procedures governing privileges in the prisons should be reviewed. This would be made part of the PSA’s future agenda. He stated that the OSD was to be finalised by May but there was nothing on the table yet, adding that there was a drastic need for more human resources if the seven day establishment was to be successfully implemented.

On suspension of DCS members, he stated that the suspension policy of the department was clear and that it was bizarre to spend R9.7million on persons who were sitting at home and not working. He concluded by saying that the salary packages of the employees were insufficient to support such a profession.

Civil Society Prison Reform Initiative (CSPRI) Submission
Mr Lukas Muntingh, Coordinator of the Civil Society Prison Reform Initiative (CSPRI) focused on four fundamental aspects in his submissions  - namely; the size of the prison population, the seven day establishment, the prison constructions programme, and spending towards the White Paper

On the issue of the prison population, he stated that there had been a slow and steady increase in both the sentenced and unsentenced prison population. The number of sentenced prisoners had increased from 110 994 in August 2005 to 114 226 by November 2007, while the number of unsentenced prisoners had increased from 44 864 in August 2005 to 53 649 by December 2007. CSPRI believed that projecting the size of the prison population as well as the profile of the population, was fundamental to the planning of the DCS.

It was also the view of the CSPRI that systemic conditions were creating and contributing to prison overcrowding, and therefore there was an urgent need to review sentencing legislation as well as policies and practices. Also, an urgent assessment of case administration was required to review the number of unsentenced prisoners, as well as the period they remained in detention before their cases were adjudicated on. The DCS must therefore develop, as a priority, a reliable model for forecasting the size and profile of the prison population.

On the seven day establishment, the CSPRI submitted that the Committee should seek clarification from the DCS on its plans in this respect. On prison construction programmes and Public Private Partnership (PPP), Mr Muntingh noted that the PPP prisons should be run in such a way as to ensure long term value for the DCS and its partners on a sustained basis. He however noted that the proposed contract term of 25 years was extremely long. A shorter contract term would allow for the contracts to be reviewable and they could be renegotiated.

He concluded that despite the challenges faced by the DCS, certain advances had been made in the past two years that were worth commending.

Discussion
Ms Ngwenya asked what the CSPRI’s view was on the 25 years contract of the PPP initiative.

The Chairperson noted that violent offenders must be remanded in prison custody and that this was the aim of establishing the prison system in the first place.

Mr Muntingh responded that life imprisonment was made compulsory by the Criminal Law Amendment Act, and agreed that prisons were not meant for petty offenders but for serious offenders from whom the public must be protected. This was why prison reforms were necessary. He also stated that the 25 years contract was risky as it would bind government to a 25 year commitment without being able to review or renegotiate the contracts.

Judicial Inspectorate of Prisons (JIOP) Submission
Mr Gideon Morris, Director: Corporate Services, Office of the Inspecting Judge, noted that there had been continued under-spending by the DCS over the last four years and that the expenditure estimates indicated that the DCS would again under-spend by more than R600 million in this financial year. He recommended that more should be done to proactively identify under-spending trends to enable the re-allocation of resources to the areas where it was most needed.

Mr Morris further noted that spending patterns were skewed in favour of security at the cost of other equally important priorities like development and care, and this was not in line with the White Paper on Correctional Services, 2005. More money should be channelled into the development, rehabilitation and social reintegration of inmates as per the White Paper. Furthermore, he noted that very little was being done in increasing the levels of self-sufficiency and production in the prisons. Thousands of prisoners were not involved in any productive work opportunities but were sitting idle in prison and making no contribution to their own upkeep. The DCS, he noted, had a statutory obligation to use industries and the prison labour at its disposal to achieve self-sufficiency, which could save the tax payer billions of rands.

Discussion
Ms Chikunga wondered if Treasury should continue to allocate the same amount of money to these under-spending departments or if their allocations should be reduced since the trend was to under-spend. She also asked for clarification as to whether the DCS was understaffed.

The Chairperson asked why inmates were idle without any work to do while millions of rand were spent on them by the government. This was an unacceptable situation. He noted that the Act required that prisoners be made to work and that one area in which they could be involved was in poverty alleviation.

Mr Morris responded that allocating more money to under-spending departments was not a solution to their problems. On idleness in the prisons, he stated that part of the problem was that more focus was placed on external security and reducing escape rates of inmates. Little focus was placed on establishing factories and workshops where inmates could be productively engaged. There were many innovative ways by which prisoners could be made to be more productive.

On staffing, he noted that the Department was understaffed, particularly in the areas of professionals like psychologists. He concluded by stating that the privilege system was the only way by which discipline could be maintained in prisons, but that this must be regulated to ensure it was not excessive.

Mr Makubetse Sekhonyane, Director, DCS, hinted that the issues of overcrowding in prisons, training and development, and security were critical to the Department and were being addressed urgently.

The Chairperson noted that the Committee would monitor to ensure that the Department was implementing its programmes effectively, especially as concerned self sufficiency and productivity within the prisons.

The meeting was adjourned.

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