Question NW3382 to the Minister of Justice and Correctional Services

Reply:

South Africa signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) in January 1993 and ratified it in December 1998. It also signed the Optional Protocol to the Convention against Torture (OPCAT) in September 2006. Due to mounting pressure on South Africa, both at international and national levels, to ratify OPCAT, the National Assembly and the National Council of Provinces approved the ratification of OPCAT on 19 March and 28 March 2019.

In accordance with the OPCAT requirement to establish a National Prevention Mechanism, the South African Human Rights Commission (SAHRC) along with government undertook an extensive process of revising and re-conceptualising the proposed NPM model. The model had to take into account certain factors, such as the fact that OPCAT is a preventive treaty which introduces a system of regular visits to places of detention, by means of the establishment of a mechanism.

In 2022, the Department of Correctional Services (DCS) approved a Gang Combatting Strategy that has been implemented through the Standard Operating Procedure (SOP).

The Strategy has six objectives mainly:

• To maintain secure and safe environment that is conducive to the rehabilitation of inmates and the attendance of remand detainees in court processes;
• To reduce and eradicate the culture of gangs, number of attacks and illegal activities in order to increase protection and safety of inmates and the society;
• To encourage a multi-disciplinary approach to reduce and eradicate the existence of gangs;
• To enable Inter-Sectorial Co-operation (i.e Government and Civil Society Organisations);
• To address the potential negative effects of incarceration;
• To develop and build knowledge on gangs in order to develop effective responses.

The A Gang Combatting Strategy is in place with the following action Plans:

STRATEGY	ACTIVITY
Working with Intelligence Agencies	Collaboration with Intelligence agencies i.e., SSA, SAPS Crime Intelligence, SADF Intelligence. Information sharing and actions to be taken on High Risk offenders, officials, members of the community and illegal activities taking place inside and outside correctional facilities.
Vetting and Screening of all Officials	Policy and Guidelines to be developed on compulsory vetting. Officials to undergo vetting / screening.
Establishment of Security Committees	Committees have been established in order to effectively manage security activities in centers such as searching, segregation of offenders, discipline, etc. Hold monthly meetings to analyze incidents, security breaches and compliance to security protocol.
Management of security information	Identify gang members and high-risk inmates upon admissions All warrants (J7) and relevant documents are screened upon admission. All cases of intimidation/threats must be registered with the HCC. HCC must liaise with Area Commissioner and external law enforcement agencies such as the SAPS/NIA in cases of intimidation and threats. Identified high risk inmates (syndicates/organized crime and high-risk awaiting trials) should be transferred to Correctional centers away from their power base. All cases of intimidation/threats must be registered with the HCC.
Mitigation of gang activities	Ensure separation of inmates involved in gang activities from the rest of inmate population. Vulnerable inmates and first-time offenders are separated from hardened criminals and offenders with further charges.

END