Hansard: NA: Debate on Vote 21: Correctional Services (E249)
House: National Assembly
Date of Meeting: 29 May 2013
Summary
No summary available.
Minutes
EPC – COMMITTEE ROOM E249
Wednesday, 29 May 2013 Take: 633
START OF DAY
WEDNESDAY, 29 MAY 2013
PROCEEDINGS OF EXTENDED PUBLIC COMMITTEE – COMMITTEE ROOM E249
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Members of the Extended Public Committee met in Committee Room E249 at 15:38.
The House Chairperson, Ms F Hajaig, as Chairperson, took the Chair and requested members to observe a moment of silence for prayer or meditation.
THE MINISTER OF CORRECTIONAL SERVICES
Start of Day
APPROPRIATION BILL
Debate on Budget Vote No 21 – Correctional Services:
The MINISTER OF CORRECTIONAL SERVICES: Hon Chairperson, hon members and colleagues; hon Deputy Minister of Correctional Services, Adv Ngoako Ramatlhodi; Chairperson of the Portfolio Committee on Correctional Services, Mr Vincent Smith and members of the Portfolio Committee on Correctional Services; the National Commissioner, Mr Tom Moyane, and senior management of the Department of Correctional Services; Judge Vuka Tshabalala; Inspecting Judge, Judge Siraj Desai; other members of the judiciary; officials and offenders; all other members of the Correctional Services family; distinguished guests, ladies and gentlemen, as we commemorate the 50th anniversary of the African Union across the world there is consensus that we must seriously rethink the role of Corrections.
As Chair of the African Correctional Services Association, South Africa will use its position to improve the management of correctional centres across the continent.
This department, now known as the Department of Correctional Services, has been in existence for 102 years. Correctional Services marks the end of a life of crime and the beginning of restoration. We must deliver justice to victims as well as ensuring that offenders make restitution to society for their crimes and well leave correctional centres with better skills and prospects.
The field of corrections is gaining prominence. On 16 May, 45 students from the University of Zululand graduated with a Bachelor of Arts in Correctional Studies.
The transformation programme of our democratic government necessitated that prisons shift from being institutions of humiliation to institutions of new beginnings. The White Paper on Corrections represents the final, fundamental break with a past archaic penal system and ushers in the beginning of our second decade of freedom, where prisons become correctional centres of rehabilitation and offenders are given new hope, and encouragement, to adopt a lifestyle that will result in a second chance to become ideal citizens.
Our National Development Plan states, and I quote:
In 2030, people living in South Africa feel safe and have no fear of crime. They are safe at home, at school, at work and they enjoy an active community life free of crime. Women can walk freely in the streets and children can play safely outside ...
According to the Freedom Charter - I was reminded of this by my colleague, hon Ndlovu – and I quote:
Imprisonment shall be only for serious crimes against the people, and shall aim at re-education, not vengeance.
He quoted it correctly.
Section 35(2) of the Bill of Rights says:
Everyone who is detained, including every sentenced prisoner, has the right to conditions of detention that are consistent with human dignity, including at least exercise and the provision at state expense of adequate accommodation, nutrition, reading material and medical treatment.
According to the latest National Offender Population Profile, the major crime categories are economic, aggressive, sexual and narcotics. As of Monday 27, South Africa's inmate population was 152 514 of which 45 043 were remand detainees and 107 471 were sentenced offenders.
Offenders sentenced to life imprisonment increased from about 400 in 1994 to more than 11 000 in 2013. Foreign nationals comprise 8 973 inmates made up of 4 087 sentenced and 4 886 unsentenced.
In addition, 65 931 offenders are outside correctional centres and living in their respective communities; 48 000 are parolees; 15 000 are probationers; and 1 724 are awaiting trial.
On 19 and 20 November 2012, we hosted a colloquium under the theme, "Towards finding solutions for South Africa's high rate of incarceration and breaking the cycle of crime". All stakeholders, including judges, magistrates and academics, attended. An action plan has since been developed to address recommendations from the colloquium.
The colloquium also consulted on the White Paper on the management of remand detainees, which has been finalised for tabling before the Justice, Crime Prevention and Security cluster director-generals, and is due to be published soon.
On average, 15% to 20% of the 45 043 awaiting trial detainees are in custody because they cannot afford bail. This has resulted in the poorest of the poor being removed from their families, with the associated socioeconomic implications.
The Electronic Monitoring Pilot Project, EMPP, has proven to be economical, effective, efficient and relevant to the broader goals of Department of Correctional Services and the JCPS cluster. Electronic monitoring is now available to the courts, particularly for remand detainees, noncustodial sentences and parolees. At present it costs the taxpayer R9 876 per month for each inmate, whilst electronic monitoring costs R3 379.
Electronic monitoring enables offenders to be monitored within metres, 24 hours a day, seven days a week. Should an offender commit any violation, alerts are immediately generated and transmitted. Interference with the equipment, including tampering or failing to charge the receiver, is electronically relayed to the control room.
In conjunction with the National Council on Correctional Services, NCCS, chaired by Judge Desai and comprising deputy chairs, Judges Ledwaba and Lacock, as well as other professionals including magistrates, attorneys, clinical psychologists, social workers, medical doctors, professors and officials, we are reviewing various issues.
These issues include overcrowding, CCTV cameras in correctional centres, parole board and case-management-committee training, training for psychologists and social workers, as well as training on the Second Chance Act.
In 2007, the Democrats and Republicans in the US sponsored a legislative proposal to expand re-entry services for people leaving correctional centres. The Act counters policies that have made it difficult for ex-offenders to re-enter the normative noncriminal community, and could explain why there are so many repeat offenders.
Our responsibility is to keep those who, by law, are supposed to be inside. But, unlike a train driver, our task is not limited to ensuring that they are properly inside, but rather that they are properly rehabilitated. The task does not end with them leaving our correctional centres. It is still our responsibility to ensure that they do not reoffend. The Second Chance Act may assist in this task.
According to the International Centre for Prison Studies, January-February 2013, a United States report suggests that the imprisonment rate for African-Americans is six times higher than the national average. This means that young black men, who have not completed high school, are more likely to be imprisoned than find a job.
South Africa is no different. The vast bulk of inmates are young black men. More than a third of those incarcerated are youths, and a large number of inmates who, while not under 25 years, are still in the prime of their life.
Children, as young as 17 years of age, have committed serious crimes. If we have somehow forgotten this, we must just remember what happened in Gauteng a few days ago.
Our average inmate is a young substance abuser who, has dropped out of school before high school, is functionally illiterate and, more often than not, homeless.
During September 2012, we undertook a study tour to Brazil, Cuba and New York. South Africans are ranked fifth in terms of foreigners jailed in Brazil. The majority are convicted for drug-related crimes. In Sao Paulo, and Rio de Janeiro, 125 South Africans were incarcerated. Of these 57 were men and 68 women, the youngest being 20 years and the oldest, a woman of 74 years.
We welcome eNews Channel Africa, anchor, Joanne Joseph's role in telling the drug-mule story of former Miss SA finalist Vanessa Goosen. The book, Drug Muled, 16 years in a Thai Prison, the Vanessa Goosen story, details Vanessa's life of imprisonment in Thailand.
Drug use cuts across race and class; it affects the rich and the poor. Your daughter or son could be next. We are calling upon everyone – parents, educators, religious leaders – to start learning about, observing and recognising drugs and their signs.
To observe the signs in your child when she is already on trial or sentenced, or serving time, is too late. Together, we fought against apartheid and defeated it. Together, we are fighting against all forms of intolerance. A new scourge is upon us, the scourge of drugs. Let us unite and fight it in our families, communities, schools, churches, mosques, temples and everywhere.
As Correctional Services, our contribution to preventing drug abuse, includes schoolchildren being taken on tours to correctional centres, with motivational talks from rehabilitated inmates.
In Gauteng, to date, 1 107 school tours were undertaken by 56 634 learners and 3 321 educators. Inmates depict the realities of life in prison, demonstrating that crime does not pay. The motivational talks by offenders have also gone beyond correctional centres to schools, community events, as well as media interviews.
At least 95% of those incarcerated will return to society after serving their sentence – so the expression, "Go rot in jail", is not quite accurate. Offenders must return as better, changed and law-abiding citizens. It is better to light a candle than to curse the darkness. We are turning our correctional centres into centres of learning. Offenders must read, study and work.
We must have an impact on the hearts and minds of offenders so that, upon release, they will be in possession of at least a certificate in one hand, and a skill in the other. Key to rehabilitation is empowering offenders to function effectively upon their release, but it is equally important to ensure that offenders are involved in productive activity while they serve their sentences. As at February, 97% of offenders, serving sentences longer than 24 months, had correctional-sentence plans.
From 1 April 2013, it is compulsory for every inmate, without a qualification equivalent to Grade 9, to complete Adult Education and Training, level 1 to 4. This year 10 393 offenders are registered for Abet and by July we will have increased this number so that everyone does not just eat and sleep; they must also read. [Applause.]
In the 2012 National Senior Certificate examinations, inmates achieved a 79,2% pass rate compared to 68% in 2011. This year, 1 413 offenders are registered for the Report 550 former Matric mid-year examinations, and 2 012 offenders for the NSC exams. An agreement has been signed with the Department of Higher Education and Training for the 2012-13 to 2015-16 financial years for accredited vocational and basic occupational skills programmes through the National Skills Fund.
Last year, R66,424 million was spent on training 5 837 offenders in scarce skills such as welding, plumbing, bricklaying, plastering, electrical engineering, carpentry and the agricultural skills programme.
On Monday, 27 May 2013, we launched the Western Cape Arts and Craft Gallery at the Goodwood Correctional Centre for offenders to be able to express their creativity. The Gallery of Hope will enable offenders to sell their art to the public, support their families and have money when released. Furthermore, this gallery will be used as an aftercare centre for released offenders to improve reintegration and to make it much easier. [Applause.]
Within two months of launching the Reading for Redemption campaign, on 17 September 2012, more than a million rands' worth of books were donated. Various models of Reading for Redemption programmes exist globally. In South Africa, partnerships have been established with universities, including the University of Zululand, University of KwaZuluNatal, Unisa, Walter Sisulu University and the Nelson Mandela Metropolitan University.
We are implementing the Reading for Redemption programme with a phased approach. We are currently concentrating on raising awareness, as well as encouraging offenders, and officials, to read. We, therefore, want to encourage individuals, and organizations, to donate as many constructive books as possible.
Reading and writing clubs are being established in correctional centres. On 27 May 2013, we launched Volume One of a poetry series by offenders entitled Unchained. On 7 March, a copy of the novel, Kwakungeke kube nje, was handed to its author, Celimpilo Cele, who is an inmate at Qalakabusha Correctional Facility. The novel won the KwaZulu-Natal Provincial Literature Writing Competition and is published by Oxford University Press.
Tshifhiwa Given Mukwevho from Makhado, who was imprisoned for 11 years and is on parole, pursued a creative writing course through Unisa. On his release he published his collection of short stories.
Today Mukwevho is a poet and community journalist, who was tops in the inaugural Polokwane Literary Festival last year. He is negotiating a deal for his first novel. [Applause.]
As per the National Framework on Offender Labour, we are increasing the number of offenders who participate in offender labour and skills development programmes. On 12 February 2013, we signed a memorandum of understanding with the Department of Basic Education, to use offender labour to build schools and supply furniture.
The obligations of the Department of Correctional Services include the manufacture and delivery of school furniture; rehabilitation of school furniture; construction of school infrastructure; maintenance and refurbishment of schools; and the establishment of school gardens.
Ten workshops in the Department of Correctional Services will manufacture the school furniture. The first delivery is expected by the Department of Basic Education on 30 August 2013. On 14 May 2013, Noziwe Public School in Khuma in the North West was the latest school to receive refurbished desks and computers donated by business. Offenders, across the country, are giving back to communities and demonstrating remorse for crimes committed.
Agricultural production takes place on our 21 correctional-centre farms and 96 smaller vegetable production sites, all spread over some 40 000 h of land. Vegetable production takes place on 21 farms and 108 smaller centres; fruit production on 13 farms; milk production on 17 farms; red meat on 24 farming units; chicken on four farms; egg-laying on eight farms; red-meat abattoirs on 17 farms; white meat abattoirs on three farms; and 15 farms focus on piggeries.
The abattoir at Leeuwkop Correctional Facility, once again, emerged a winner at the 2012 Nama Phepa Awards. It was declared the best in the province for three successive years in the category of Low Red Meat Abattoir, winning the gold award. From April 2012 to March 2013, inmates at correctional centre farms and abattoirs produced more than 6,5 million litres of milk, 551 000 kilograms of red meat, 1,8 million kilograms of pork, 1 million kilograms of chicken, 1,4 million dozen of eggs, 9 million kilograms of vegetables and 607 000 kilograms of fruit.
The establishment of a trading entity is being finalised between us and Treasury, and this should be done in the next few weeks. We have adopted various orphanages and old age homes, and will continue to donate excess products to disadvantaged communities. We want to return rehabilitated offenders to society as healthy and responsible community members.
Government has stepped up its efforts to fight tuberculosis in correctional centres. On 24 March 2013, we, together with Minister Motsoaledi, accompanied Deputy President Kgalema Motlanthe, to Pollsmoor, where six machines were handed to us for testing inmates.
As at April, 98% of the offenders, under community corrections, complied with ... [Time expired.] [Interjections.]
Mr V G SMITH
THE MINISTER OF CORRECTIONAL SERVICES
Mr V G SMITH: Chairperson, Ministers present here today, Deputy Minister, fellow South Africans, hon members, and my comrades, historically the South African prison system was a key pillar of the apartheid state apparatus. This prison system was largely based on racial discrimination, where detained people were subjected to human rights abuses.
Detention without trail and torture were the order of the day. The dehumanising pass laws required Africans to carry passes at all times, and failure to do so meant a jail sentence, resulting in many black South Africans being condemned to imprisonment.
The former ANC president, President Nelson Mandela, wrote in his autobiography, and I quote:
Van Rensburg was vindictive in large ways and small. When our lunch arrived at the quarry and we would sit down to eat – we now had a simple wooden table – Van Rensburg would inevitably choose that moment to urinate next to our food. I suppose we should have been grateful that he did not urinate directly on our food, but we lodged a protest against the practice anyway.
Pre-1994, a prison sentence meant total isolation from society and the limitation of such rights as the right to education, the right to proper health care and the right to nutrition that was fit for humans. These and many other rights were denied to offenders.
The ANC government, on assuming office, embarked on a concerted drive to transform the state of affairs in our correctional facilities. Prisons were reformed to become correctional facilities. Incarceration was no longer meant as an act of vengeance, but an opportunity for re-education and rehabilitation, as reflected in the Freedom Charter under the heading, All shall be equal before the law!
In the past in South Africa, the majority of correctional facilities were designed and built with large communal cells similar to the old mining compounds in which migrant labourers lived, which lead to overcrowding. Today, however, all new correctional facilities are designed in a manner that is consistent with the provisions of section 35(2)(e) of the Bill of Rights. Today, education and skills development are compulsory elements of the rehabilitation programme.
A few weeks ago, the Minister of Health, together with the Deputy President of South Africa, installed the most advanced tuberculosis detection machine in South Africa at the Pollsmoor Maximum Security Prison.
A couple of years ago, the Correctional Matters Amendment Act was signed into law by the President. This piece of legislation is meant to drastically reduce the time spent in our facilities by those who are yet to have their court trials finalised.
We raise these points to highlight the ANC's commitment to the Constitution and human rights for all, including those of inmates, both sentenced and unsentenced.
Compatriots, the notion, as articulated by some, that life was better under apartheid is just not true. We must be honest, however, and acknowledge that more could have been done in the past 19 years. In addition, much more still needs to be done before we can claim that the ideals of a South Africa founded on the values of human dignity, equality and human rights for all have been attained.
When, in 2013, an offender loses his life due to the actions of officials of the Department of Correctional Services at the Groenpunt Correctional Centre, then we must acknowledge that work still needs to be done.
When, in 2013, officials are still being assaulted by inmates, then this indicates just how far we still need to go towards attaining the ideal of human rights for all. When vulnerable offenders are subjected to daily assaults and rape in our facilities by gang members, then we must urge the department to address these issues with the urgency they deserve.
Minister, the portfolio committee has consistently recommended that the department investigate the use of technology to jam cellphone signals in our facilities, as well as using CCTV cameras to manage abuses in cells after lock-down. These initiatives, we believe, can assist in strengthening the drive to improving human rights for all within the environment of the Department of Correctional Services.
Those wiser than I am have taught me that a journey of a thousand miles begins with one small step. Comrades, inde lendlela, but we must persevere. [Applause.]
Let us be very clear that notwithstanding the ANC's commitment to human rights for all, we take this opportunity to condemn, in the strongest terms, those individuals inside correctional facilities and those parolees who continue to brutalise and rape young children, the elderly and other vulnerable groups.
To those whom are guilty of these dastardly deeds, we want to say that to do so is to spit on the graves of Chris Hani, Steve Biko, Bram Fischer, Solomon Mahlangu and many others, who paid the supreme sacrifice in the struggle for a better South Africa.
The Department of Correctional Services has the mandate of contributing to maintaining and promoting a just, peaceful and safe society by correcting offending behaviour in a safe, secure and humane environment, thus facilitating optimal rehabilitation and reduced repeat offending. The Minister and my colleagues have, and will, outline what the department needs to do to achieve this mandate and to satisfy the provisions of the Bill of Rights and the Constitution.
I, however, would like to focus on what we believe can be done by other stakeholders also to assist in the attainment of this mandate.
Firstly, with regard to the overcrowding situation in the remand detention facilities, we believe the SA Police Service needs to ensure that, upon arrest, there is sufficient evidence to proceed to trial as soon as possible and definitely within the two years, as stipulated by the Correctional Matters Amendment Act.
We are pleased to hear that the SAPS has embarked on professionalising its services, including upskilling the detective units. This will go a long way in the reduction of time spent in remand detention, which is a major contributor to overcrowding in the correctional services facilities.
We further believe that when measuring productivity the SAPS should focus on the number of convictions rather than the number of arrests made. The SAPS must utilise the provisions of the bail protocol that allows for the granting of bail in certain instances, as opposed to incarceration whilst the trail is still being processed.
Secondly, we believe that offenders sentenced to a term of 24 months or less should be considered as candidates for correctional supervision and not incarceration. To date, the judiciary and the prosecuting authority have been reluctant to go this route, citing their doubts about the ability of the Department of Correctional Services to monitor the offenders' whereabouts if not incarcerated, or the department's ability to monitor whether, in fact, the offender is participating in the community corrections programme.
This concern of the judiciary and the prosecuting authority can now be addressed by the roll-out of the electronic monitoring mechanism – as alluded to by the Minister – which the department has acquired, or is in the process of acquiring. The effect of this electronic monitoring on the inmate population will be an immediate reduction of approximately 8 668 inmates if the alternative-sentence option is applied to qualifying offenders.
Similarly, we urge that agreement must be reached with our SADC neighbouring countries to deport sentenced offenders to the country of their origin. This will result in our facility population being reduced by approximately a further 8 500 inmates. This is using the figures as at 31 December last year.
The Criminal Procedures Act, as it currently exists, provides for the conversion of prison sentences to correctional supervision. Our plea is that this option be used more frequently. Section 287(4)(a) of the Criminal Procedures Act can be applied when an offender cannot afford to pay a fine for which the alternative is a prison sentence of five years or less. The use of this section of the Act has been declining since 2003, and the question is: Why?
The third category of stakeholders that have an important role to play in assisting the department to achieve its mandate is civil society organisations, business and family members. This category is crucial in the preparation for the successful reintegration of offenders back into society.
We call on business to grant ex-offenders a second chance by employing them upon their release. We call on family members and communities to accept ex-offenders back into society without stigmatising or ostracising them. [Applause.]
It would be remiss of us not to express our disappointment at incidents like the recent one where a pastor – here in the Western Cape – who was granted access to inmates for the purpose of religious counselling, was found with drugs and illegal substances on his person, presumably to hand to the very offender he was meant to rehabilitate. Our message to all involved in this sector is that if you cannot help in the rehabilitation and reintegration efforts of offenders, the least that you can do is not to further destroy them.
We raise these points in order to illustrate that the department on its own cannot possibly succeed in its mandate of humane detention and rehabilitation without the contributions of the SA Police Service, the judiciary, the National Prosecuting Authority and society, as a whole. We believe that working together we can do more to ensure a just, a peaceful and a safe society.
Finally, we urge the department to use effectively the R18,7 billion departmental budget. We advise, more specifically, that the R164 million budgeted for investment in information technology systems is used for the intended purposes.
Minister, one of the most important bedrocks for ensuring an unqualified audit opinion of the department's financial management is an effective IT system. We therefore urge the department to be less reliant on IT consultants and contractors, and rather rely on its employees, who are sufficiently skilled, to provide these critical services on an in-house basis.
Minister and National Commissioner, we, as the portfolio committee, remain confident and hopeful that the Department of Correctional Services is on the right track. The ANC supports this budget, and I thank you.
Mr J SELFE
Mr V G SMITH
Mr J SELFE: Madam Chair, Minister, Deputy Minister and colleagues, the purpose of the Department of Correctional Services is to correct offending behaviour, rehabilitate offenders and reintegrate them into society. Therefore, the only meaningful indicator of the success or failure of the Department of Correctional Services in carrying out its core mandate must be the extent to which offenders reoffend, and how quickly they do so after their release.
The department told us during the budget hearings that it does not currently measure this, but that it is working towards developing such a measure, in conjunction with other role-players in the criminal justice sector.
Even if we cannot measure reoffending rates accurately, we all know that they are frighteningly high. The chief operating officer of the department was quoted as saying that this rate was somewhere between 64% and 94% of offenders.
It is clear then that the department is not delivering on its core mandate. It is not making South Africa safer. Indeed just the reverse is true, as most offenders emerge from imprisonment more criminalised than when they were admitted, by virtue of their exposure to the "university of real crime".
The reasons for this has repeatedly been stated in this House over the years. The prisons are overcrowded. Rehabilitation programmes as they exist are superficial and available to offenders serving sentences of over two years. There are severe shortages of specialist staff such as educators and psychologists.
The staff of the department is overworked. They work in very dangerous circumstances and in many cases are poorly managed and demoralised. There is no integrated information management system tracking inmates. Corruption is pervasive and deep-rooted, seemingly with very few consequences, either for the gang members or the officials who allow it to flourish in the cells and the sections.
Every year the department comes up with excuses regarding these problems that have not been overcome. In 2005, they produced a White Paper – a very commendable White Paper it was too.
However, when we asked why the activities of the department weren't aligned with it, it said that it was a 20-year-plan. When we asked why more offenders weren't successfully reintegrated, the departmenty said that corrections are a societal responsibility.
When we asked, in an attempt to stop the self-evident collusion between officials and inmates, why officials weren't subject to security clearances, we were told that the State Security Agency was overwhelmed and couldn't process them. Therefore, in the 2011-12 financial year, only 8,94% of officials of the Department Correctional Services had been given security clearances.
When we asked why it was not possible to instal jamming devices, when it was clear that the department was unable to stop cell phones from being smuggled into prisons, we were told that it was impossible because you require the permission of the Independent Communications Authority of SA, Icasa.
When we insisted that the Department of Correctional Service should install CCTV cameras in the cells to limit illicit activities, we were told it was against the human rights of inmates.
Then, of course, the department perpetually changes direction. First, the Department of Correctional Services outsourced catering to Bosasa. Then it committed itself to insourcing catering. It failed deliberately, in our view, to be ready to insource catering, and then decided to outsource it again. [Interjections.]
In 2005, 2006, President Mbeki announced the construction of eight new public-private-partnership prisons. Then they were put on hold, despite the advice of the National Treasury that this was the most cost-effective way to procure such facilities.
The Department of Correctional Services then announced a new procurement model. Three new prisons were then built by the Department of Correctional Services under the hugely inept management of the Department of Public Works, all of which were delivered at least two years behind schedule.
Minister Balfour believed that he could rehabilitate offenders by mass participation in sport. Minister Ndebele believes that mass literacy is the key to rehabilitation. Each time there is a change of policy, the Department of Correctional Services must reorientate itself; and that takes time, resources and system's adaptation.
The lack of policy consistency has been compounded by lack of stability and continuity in the senior management of the department. Since 2007, there have been four national commissioners, and two lengthy periods during which Jenny Schreiner acted as national commissioner. During the same time, there have been three chief financial officers; one is awaiting trial for bribery, fraud and corruption, the second one lasted a couple of months, and the last one departed with the previous Minister. [Interjections.]
The post of chief financial officer is currently vacant. How can there be clarity of vision and purpose of leadership with this sort of turnover?
AN HON MEMBER: It's dysfunctional.
Mr J SELFE: There are constantly changing plans, no consistency and no follow through. Is it any wonder that so few offenders are effectively rehabilitated?
HON MEMBERS: No!
Mr J SELFE: But perhaps the greatest failing of the Department of Correctional Services department is the fact that its budget is clearly and continually not aligned with its strategic objectives. If the department wants to rehabilitate offenders and reintegrate them into the community, then it must put the right amount of resources behind rehabilitation and reintegration programmes.
At the moment, it's simply not doing so. Only 5,8% of this year's budget is devoted to rehabilitation and 4,3% to reintegration. Speaking of reintegration, the National Development Plan correctly observes that, and I quote:
The focus of reintegration is on supervision and monitoring rather than casework and support by parole and release officers of prisoners re-entering society. This has compounded the problem of lack of programmes in the prisons.
Hon Minister, we need to do better. We need smarter solutions. First, since prisons are the universities of crime, we should seek to reduce the prison population by making more use of diversion programmes and community-based alternative sentences in deserving cases. Such sentences must be disagreeable, such as working in a morgue, and should simultaneously act as a deterrent and a visible demonstration of restorative justice.
Second, since it is virtually impossible to get a job with a criminal sentence, we should expunge the criminal records of first-time nonviolent offenders, provided that they have been model prisoners, attended and satisfactorily participated in all prescribed rehabilitative programmes and adhered to all parole conditions. This would make it more possible for ex-offenders to obtain employment.
Third, we must ensure that all those who have been sent to prison work 40 hours a week in a workshop, on an agricultural project or in a similar institution, to grow their own food or to maintain their own institutions. At the moment, only a fraction of inmates actually work, despite what the Minister told us. Only after working a full day, should inmates then be painting or playing sport.
Fourth, we should reintroduce credits for inmates who participate fully and successfully in rehabilitative and work programmes, to make it worthwhile to participate in those programmes.
Fifth, acknowledged gang leaders must be transferred to C-Max facilities to disincentivise gang membership and promotion within the correctional system. The gangs are the absolute cancer of our prisons and we need to deal with them. At the moment the so-called gang-management strategy applied by the department is simply not working.
AN HON MEMBER: There's absolutely nothing.
Mr J SELFE: Sixth, we need to set individual performance contracts for each head of centre covering not only adherence to the Correctional Services Act, but much more importantly, setting targets for participation in rehabilitative programmes and incentivising innovation, cost-saving and excellence.
Seventh, the budget of the Department of Correctional Services must be realigned to provide more resources for community corrections. This will increase the success of rehabilitation and reintegration of offenders released from prison. Central to the success of this would be the roll-out of electronic tracking devices that the Chairperson referred to.
More than anything, what is required is a real partnership between the department and the many community-based organisations, faith-based organisations and NGOs that provide rehabilitative programmes and without which the department cannot really fulfil its mandate.
Finally, the Department of Correctional Services must develop and implement an integrated and effective information tracking system that tracks offenders. It should contains, at a minimum, his or her photograph, fingerprints, current and previous offences, sentence plan and participation in work and rehabilitative programmes.
At the moment, it appears that no one in the department knows exactly who the clients of their department are, where they are, what they are doing and how soon they are going to be released.
The department faces a real challenge. We do not doubt for one moment the dedication and commitment of thousands of the Department of Correctional Services officials, but unless they are given the support, management and resources to do their job, they cannot succeed. If they fail, we will never win the war against crime. Thank you. [Applause.]
HON MEMBERS: Hear, hear!
Mr V B NDLOVU
Mr J SELFE
IsiZulu:
Mnu V B NDLOVU: Sihlalo, mhlonishwa, neNdlu yonke ehloniphekile, ...
English:
... the IFP is concerned about awaiting-trial detainees who have been detained for a long time at correctional centres. Some of them are released after years of incarceration, without being charged. Some cannot afford to pay bail, which could be less than R1 000, yet they are costing the state a lot of money – millions of rands. Some cannot be released because their home addresses are not known; or if released, they cannot be found later in order for them to be prosecuted.
The state spends a lot of money merely to keep these detainees incarcerated. The department should be assisted by their sister departments to alleviate this problem. The department, under the JCPS Cluster, should work hand in hand in order to solve this matter at correctional centres.
Rehabilitation and care is the core business of this department and it has to improve its performance. Offenders who do not want to attend classes should not be considered for parole because when these offenders are released, many quickly reoffend and return to prison.
All sentenced offenders should be closely monitored while they are kept in prison. Offenders should be given a chance to improve themselves while they are in prison.
Offenders should not forget that, while in prison, they are being fed and clothed by taxpayers' money, paid by those whom they had wronged and by the relatives of their victims. Young offenders should be forced to attend school without exception.
There should not be a single offender doing nothing. Incarceration should not be treated as if it were a five-star hotel stay, but as a time for offenders to be empowered and rehabilitated.
With regard to violence at correctional centres, it is worrying to hear and see this happening in prisons especially when, upon investigation, we find that there are officials involved. These officials who are using inmates to stir up riots in prisons must be prosecuted because they are using these inmates to settle their own personal scores. Those inmates who are being used by these officials must know that they will never qualify for parole.
The department must work harder to eliminate gangs from operating in prisons and gang members must be punished harshly. Gangsterism is the norm in prisons. However, this does not mean that it is supposed to be tolerated at all costs. Gangsterism destroys the lives of those inmates, who do not want to belong to gangs, and everything possible must be done to put a stop it.
Problems have arisen because of the department not working fully with the State Information Technology Agency, Sita. Many departments have similar problems, but the Department of Correctional Services is the worst of all.
Sita has claimed for work uncompleted, yet it wants to be paid for it, and the department has paid for work that was not completed. This situation is unacceptable. There should be a good working relationship between Sita and the department in order to improve services to the department. In these days of technology it should be a simple matter of department officials being able to press a button to obtain information about inmates in correctional centres.
Both parties should avoid going to court to solve their disputes, and need to negotiate solutions. Both parties should stop wasting time with regard to misunderstandings between Sita and the department.
With regard to catering services, I want to refer to Bosasa. The IFP is waiting to see what... [Interjections.] ...
No, keep quiet ... [Inaudible.] ... I don't want any noise here. [Laughter.]
An HON MEMBER: You must just listen.
Mr V B NDLOVU: The IFP is waiting to see what will happen in six months' time, which is when the portfolio committee was told that the contract with Bosasa will end. The IFP will want to know how many inmates have been trained by Bosasa and given the skills needed to manage the prison kitchens.
Both Bosasa and the department will need to account for this before the end of Bosasa's contract. The misuse of official premises, as well as people doing whatever they wish, is now over. Corrupt officials and contractors must be charged and sentenced for using the department for illegal activities.
Who really qualifies for parole? Hon Mahlognwiza Manzankosi, the IFP has concerns about inmates who are released on parole without substantial reasons being provided for their release. Some of these parolees are hardened criminals, who have killed people, but they are released without having served half of their sentences.
Some are released only to find that they are back in prison within 48 hours for committing the same crimes for which they had been previously arrested. Others are released because they are known by some leaders within the government.
IsiZulu:
Kanti ubugebengu buyakhokhela yini bakithi? Ubugebengu buhamba ngetiye yini noma izigebengu zisuke zithunywe yizikhulu? Abanjani okufanele bakhululwe ngokunciphiselwa isigwebo, ingabe basuke benzeni edlula lokhu okwenziwe izigebengu ezinye?
Ukuba yisiboshwa kufanele kufane kuzo zonke iziboshwa... [Kwaphela isikhathi.] Ngiyabonga.
Ms W NGWENYA
Mr V B NDLOVU
English:
Ms W NGWENYA: Chairperson, the ANC supports the Bill.
I would like to greet the Minister of Correctional Services, Mr Sibusiso Ndebele; the Deputy Minister of Correctional Services, Adv Ngoako Ramathlodi; Chairperson of the Portfolio Committee on Correctional Services, Mr Vincent Smith; hon members of the Portfolio Committee on Correctional Services; inspecting judge of correctional centres; members of the National Council on Correctional Services; executive management and personnel of the Department of Correctional Services; stakeholders of the Department of Correctional Services; and ladies and gentlemen.
IsiZulu:
Ngizothanda ukudlulisela le nkulumo yami kuKhanyisile, umzukulu wami owazalwa ngowe-1994 futhi ozoqala ukuvota kulo nyaka ozayo. Phakama Khanyisile. [Ihlombe.]
Ake ngithathe leli thuba ngihalalisele uNgqongqoshe, uMzaNkosi, - abangazi yisithakozelo njalo leso – ngale nkulumo yakhe ayenze la kule Ndlu. Okokuqala, ...
Mnu V B NDLOVU: NguManzankosi.
Nkk W NGWENYA: Manzankosi. Ngiyabonga Bab'uNdlovu. UManzankosi. Ngimhalalisela ngenkulumo yakhe ayenza kule Ndlu okokuqala njengoNgqongqoshe obhekene nezokuHlunyeleliswa kweziMilo. Ngiphinde ngihalalisele umnyango ngaphansi kobuholi bukaMnu Tom Miyane, ngomsebenzi omuhle abaqhubeka nokuwenza ebantwini baseNingizimu Afrika ukuqinisekisa ukuthi bahlale bezizwa bephephile.
Kulo mnyango selokhu kwafika uNgqongqoshe sibone inqubekela phambili enkulu emsebenzini omkhulu owenziwe nguNgqongqoshe wangaphambili, umhlonishwa uNosiviwe Mapisa-Nqakula. Phakathi kweminye imisebenzi emihle esiyibonile ngaphansi kukaNgqongqoshe uMnu Ndebele, ukuhlaliswa kwengqungquthela eyayise-Benoni ngoLwezi 2012. Le ngqungquthela yayiwumzamo wokuthola izixazilulo zokugcwala kwezikhungo zokuhlunyeleliswa kwezimilo kanye nokulwa nokuqhubeka kobugebengu.
Ake ngisho ukuthi uKhongolose uthi asizishayele ihlombe lezi zinhlelo esizibona zenziwa nguNgqongqoshe, ukwelekelela ukuhlunyeleliswa kwezimilo. Isibonelo sakamuva, ukuvulwa kwesikhungo sokukhangisa umsebenzi owenziwa ngezandla, phecelezi, i-art gallery, e-Good Hope Prison, khona la eKapa. Lokhu kukhombisa ukuzimisela kukaNgqongqoshe nomnyango wakhe ekuqinisekiseni ukuthi ngempela ekugcineni sizishaya isifuba singuKhongolose ngalokhu esikuzuzile ekwakheni isizwe. [Ihlombe.]
Siyazi ukuthi iNingizimu Afrika iphakathi kwamazwe azineziboshwa eziningi emhlabeni. Ekupheleni kukaMandulo kwabika ukuthi izikhungo zokuhlunyeleliswa kwezimilo zidlulele ngama-25%. Lokho-ke kukhombisa ukuthi asinayo indawo eyanele yokugcina iziboshwa esisaqhubeka namanje ukuzithumela emajele.
Njengoba ngangishilo enkuluwmeni yami efana nalena edlule, ngasho ukuthi ukukhishwa ejele ngokuphulelwa isigwebo [parole] kanye nohlelo lokubuyiselwa kweziboshwa emphakathini kuyisihloko esiseduze nenhliziyo yami. Yingalesi sizathu ngithi uNgqongqoshe wezokuhlunyeleliswa kwezimilo kumele, phakathi kwezinye izinto, alungise lesi simo sokugcwala kwezikhungo zokuhlunyeleliswa kwezimilo. Lokho angakwenza ngokufaka kakhulu izinsizakusebenza ezinhlelweni zomphakathi zokuhlunyeleliswa kwezimilo, phecelezi, i-community correction.
Ngithanda ukumema namakhosi. Ngiwabonile abekhona kuleli sonto elidlule kodwa angizwanga ukuthi wona azobamba liphi iqhaza ukulwa nalobu bugebengu ezindaweni zawo. Ngithanda ukuthi amakhosi kumele asisize kulawa macala amancane, phecelezi, minor cases.
Niyazi ukuthi amacala anjalo aqulwa kanjani ngesintu. Mhlawumbe nalokho kuzosiza ukuthi amajele ethu angagcwali kakhulu. Lokhu ngokunye kwezinto ezingaletha ukwethemba amajaji ekunikezeni izigwebo ezingadingi ukuthi umuntu ogwetshiwe aze abhadla ejele. Sisho kanje sifakazela umbono owenziwa iNgqungquthela yaBantu eKliptown ngowe-1955, phecelezi 1955 Kliptown Congress of the People - kodwa hhayi i-Cope ela eNdlini - eyathi kusoMqulu weNkululeko, "sonke siyolingana ngaphambi komthetho." Ukufakazela lokhu yaphinde yathi:
Abantu bayoboshelwa amacala abucayi kanti futhi lokhu kuyokwenzelwa ukulungiswa kwezimilo, hhayi ukuziphindiselela okungenasidingo.
Isibonelo esiphilayo, ohlelweni lapho ababeyiziboshwa bazinikela ekulungiseni, bependa isikhungo eSoweto, eJabulani, endaweni ebizwa ngokuthi i-Pace College, njengoba kwakulungiselelwa imizuzu engama-67 yakaBaba uMadiba. Sibabonile-ke laphaya eJabulani begawula izihlahla, belungisa izingadi, belungisa ihholo, bezama ukunxephezela umphakathi njengoba babewonele ngaphambilini.
Njengoba nje sixoxa lolu daba lokwabiwa kwezimali zomnyango, kumele sisho ukuthi kumele kufakwe izimali kulolu hlelo ukuze sishintshe lesi simo sokugcwala kwezikhungo. Ake ngigqugquzele umnyango ukuthi uqhubeke nemizamo yawo yokwenza imigomo emihle kahulumeni oholwa umbutho wesizwe, uKhongolose, ukuqinisekisa ukuthi abantu bakithi baphephile futhi bazizwa bephephile.
Isigaba 12 soHlelo lukaZwelonke lweNtuthuko, phecelezi, National Development Plan, NDP, sikhuluma ngokwakhiwa kwemiphakathi ephephile. I-NDP ilokhu iqhubezela phambili umsebenzi omkhulu wombutho wesizwe woshintsho olukhululekile lwesizwe, phecelezi, national democratic revolution. Ngokwalolu hlelo umbono wezi-2030 wokwakha imiphakathi ephephile yilowo othi:
Abantu abahlala kuleli zwe kumele bazizwe bephephile emakhaya, ezikoleni kanye nasemisebenzini yabo. Kumele baphile emiphakathini engenakho ukwesaba. Abesimame kumele bakwazi ukuhamba bekhululekile emgaqweni. Izingane zidlale ngokukhululeka.
Lokhu kufakazela umbono woMqulo weNkululeko owathi, "Kuyoba nokuthula nobungani." I-NDP iphinde ithi:
Izinhlangano ezisemiphakathini kumele ziqeqeshelwe uhlelo lokwamukelwa kweziboshwa emiphakathini, ngisho ama-NGO. Lezi zinhlangano kumele zihlonzwe ukuze zithole usizo kwezezimali.
Ngizothanda futhi ukuthi umnyango kumele uqhubeke nomsebenzi wawo nezinhlangano ezizimele zemiphakathi ekwakheni nokuqapha lokhu esikubiza ngama-halfway-house, ukwelekelela labo abadedelwe emajele ngokuphulelwa isigwebo kanye nokubuyiselwa ngendlela emiphakathini. Silubonile lolu hlelo lwama-halfway houses uma lwakhiwa eGoli, esifundazweni sase-Gauteng ngowezi-2012. Luqhubeka kahle. Yilokhu obekulokhu kushiwo ngumbutho kaKhongolose ukuthi, "uma sisebenzisana sonke, singenza okuningi."
Enkulumweni yami edlule efana nalena, ngabalula ukuthi izisulu zobugebengu zibaluleke kakhulu ekuphathweni kobulungiswa kuleli zwe laseNingizimu Afrika. Ngiyajabula kakhulu ukuthi sibonile kwandiswa inani lezisulu zobugebengu ekulalelelweni kwezicelo zokuphulelwa isigwebo.
Umnyango kumele ushayelwe ihlombe ngalokhu. Kumele sibalule ukuthi ngonyakamali wezi-2010-11 kwabikwa ukuthi zaba ngama-263 izisulu zobugebengu ezathinteka ekulalelweni kwezicelo zokuphulelwa isigwebo. Sibone ukukhula okukhulu ngonyakamali wezi-2011-12 ngabantu abangama-684.
Ngithanda ukusho ukuthi kusuka ngonyaka we-1994 kuphethe uKhongolose, kunomehluko omkhulu njengoba sibona ukuthi amabhodi okulalela ukudedelwa ngokwaphulelwa isigwebo asebenza ngokukhulu ukuzimisela. Konke lokhu kwakungekho ngezikhathi zethu.
Ngonyakamali wezi-2011-12 umnyango ubike kuphela amacala ayi-15 anikezelwe eBhodini yokuBuyekezwa kokuPhulelwa isiGwebo. Yilokhu umbutho kaKhongolose okhuluma ngakho uma ukhuluma ngezinsika zezobulungiswa ezisebenza ngokuzimisela.
Sihlalo, ngaphambi kokuthi ngiphethe, ngithanda ukusho ukuthi ngiyamangala uma amalungu akhulume ngaphambi kwami, njengo Bab'uNdlovu ethi akazi ukuthi ukuphulelwa isigwebo kutholwa ngabantu abanjani. Ehhe, Bab'uNdlovu wazi kahle ngoba uza njalo futhi uyingxenye yekomidi. Angifuni ukumosa isikhathi sami lapha ngawe ngoba uyazi ukuthi ngumuntu onjani okumele athole iparoli futhi loyo muntu uyithola uma kunjani.
Umuntu akasimze aboshwe nje bese anikezwe iparoli. Kunezinqubo ezilandelwayo kanye nezinhlelo umuntu azihambayo ngaphakathi. Lezo zinhlelo yizo ezenza ukuthi kubonakale ukuthi umuntu ukulungele ukudedelwa ngokuphulelwa isigwebo. Yingakho ngithi kubalulekile ukuthi abantu abadedelwe ngeparoli umphakathi kanye nezihlobo zabo zibamukele ukuze bangabe besabuyela emuva ngoba phela sezilungisiwe izimilo zabo. [Kwaphela isikhathi.]
English:
The ANC supports the Bill. [Applause.]
Ms S BEREND
Ms W NGWENYA
Ms S BEREND: Chairperson, hon Ministers, hon members and esteemed guests, the White Paper on Corrections in South Africa falls short in substantive ways in terms of the requirements of modern policy-making.
Eight years after its adoption, results in respect of the rehabilitation vision remain unknown and elusive. The Judicial Inspectorate for Judicial Services estimated that only a small percentage of sentenced prisoners are involved in some form of treatment programme or labour.
For the overwhelming majority of sentenced prisoners, the White Paper has not lived up to its expectations. Whilst it may be argued that to reinvent the South African prison system is a goal not be achieved within eight years, it must also be asked whether the White Paper provides the correct response to rehabilitation, to the numerous challenges faced by our prison system.
The White Paper defines these "challenges" as being overcrowding, the state of prison infrastructure, institutional prison culture, corruption, training for the new paradigm and structuring the department for the new paradigm.
Human rights violations and mention of meeting the minimum standards of humane detention are absent. The latter can be challenged around infrastructure and overcrowding. However, the White Paper gives little attention to human rights concerns and deals in detail with rehabilitation.
Compliance with the Correctional Services Act is not a stated outcome of the White Paper; hence, the department consistently faces litigation, at present to the amount of hundreds of millions of rands. If rehabilitation is the core business of the department, the White Paper does not state in express terms what iss required at operational level with reference to staff skills, required staff categories, infrastructure, etc.
Now it is still unknown to what extent the stated preconditions for implementation have been met. It is advisable that the White Paper is reconceptualised and attention be paid to compliance with the Correctional Services Act. This will ensure that experience informs the policy development process, in full-scale consultation with stakeholders, is embarked upon.
The White Paper and its associated intricate processes may indeed be too tall an order for the current skills and lack in capacities of the department. A short-term goal is desirable to develop a sense of achievement. The department should therefore undertake to improve the education and skills levels of all sentenced prisoners, regardless of their sentence term.
Closer to where I come from, some years ago, the police had to be called in after prisoners at the new Kimberley Correctional Centre rioted and held officials hostage. The excuse was that management did not pay attention to their grievances.
Early this year, there were similar incidents at the Groenpunt Correctional Centre in the Free State, which led to the loss of lives, at St Alban's Correctional Centre, as well as at Pollsmoor Prison right here in Cape Town.
Many of us still recall the anxious mothers and family members who had come to Pollsmoor to enquire about the wellbeing of their loved ones after the disturbances.
Why is it that when grievances are laid at the door of the management of these centres, and it appears that there is a failure in addressing them, it subsequently leads to violence, invariably ending in a loss of life and serious damage to taxpayer-funded property?
Whilst there are many dedicated officials in the department, it is equally true that we are also plagued by rogue officials.
Hon Minister, Cope is gravely concerned about recent headlines involving the isolation of prison inmates at Mangaung Prison. Oupa Mabalane was placed in solitary confinement on 25 November 2005, nine years after the supreme law of our country, the Constitution, was adopted. Oupa Mabalane spent 23 hours a day in his cell with no exercise or interaction with any other persons.
Was that an isolated case? If that is so, it is in direct contravention of section 35(2)(e) and (f) of the supreme law of the land.
Afrikaans:
Almal weet dat die grootste probleem in Korrektiewe Dienste oorbevolking is, met tronke wat byne drie maal hul kapasiteit dra. Ek glo as die regering die wilskrag het om dit aan te pak hierdie probleem opgelos kan word.
Vanaf 1996 wys al die Ministers die probleem uit, maar die uitslae toon dat daar nie die politieke wilskrag bestaan om dit reg te stel nie. Die oorbevolking word veroorsaak deur mense wat tot drie maande, ses maande, 'n jaar of twee gestraf word en so gevangenes word wat in die tronk sit, pleks daarvan om toepaslike strawwe uit te dien.
Korrektiewe instellings is nooit gebou om hierdie soort gevangene daar te hou nie. Hierdie mense is veronderstel om gemeenskapstrawwe uit te dien. Hulle kan aangewend word om kerkpersele, begrafplase en staatsgeboue skoon te maak en te herstel.
Laat hierdie mense gemeenskapstuine landwyd kweek en onderhou en op hierdie wyse terugbetaal aan die gemeenskap wat hulle leed aangedoen het. Intussen spandeer die departement miljoene rand om perdfris mense die ganse dag toe te sluit en lekker vet te voer. Hierdie gevangenes sit vir ure in daai selle en kyk televisie sonder om 'n televisielisensie te betaal.
Korrektiewe inrigtings is bedoel vir geharde kriminele soos moordenaars, verkragters, vrouemolesteerders, bankrowers en almal wat ernstige oortredings begaan.
Die tweede oorsaak van hierdie oorbevolking is verhoorafwagtendes, waaroor ek hoor ons almal saamstem. Sommige wag tot sewe jaar, en so word miljoene rand aan belasting aan hierdie aanhoudings bestee. Hierdie oorbevolking plaas groot druk op die personeel en veroorsaak onnodige spanning tussen die bewaarder en die gevangene, asook tussen gevangene en gevangene.
Minister, laat ek vandag dit aan hierdie Huis stel dat ons land op 'n tydbom sit wat enige tyd oomblik kan ontplof as daar nie iets dringend aan die situasie gedoen word nie. [Tussenwerpsels.] Ons mag een oggend wakker skrik en vind dat duisende gevangenes uitgebreek het.
Minister, ek weet ook goed dat die departement die akseptor is, en u ontvang hierdie kliënte van die Departement van Justisie en Konstitusionele Ontwikkeling. Cope stel voor dat u met u kollegas in die Kabinet, die Departement van Justisie en Konstitusionele Ontwikkeling, in konsultasie tree om saam te werk. Ek glo deur saam met die landdroste te werk, kan u hulle dalk oortuig om gemeenskapstrawwe op te lê. [Applous.]
Dr C P MULDER
Ms S BEREND
Dr C P MULDER: Hon Chairperson, the Department of Correctional Services is a very important department. On a daily basis it not only plays a direct role in the lives of all the inmates, but it also affects the lives of all their family members and society at large. So it is a very important department and we should take it very seriously.
Afrikaans:
Ons het egter 'n probleem. Die probleem is onder andere dat - en ek het vandag geluister na die agb hoofspreker, mnr Smith, se standpunt - die ANC floreer op wat ek noem, mites.
Mites word opgestel en daaraan word daar vasgehou. Die agb Smith het verwys na een of twee insidente uit die verlede, van voor 1994, uit mnr Mandela se boek, en daarmee 'n streep probeer trek deur alles wat gedoen is in die Departement van Korrektiewe Dienste oor baie jare.
Ek is nie vandag hier om die Departement van Korrektiewe Dienste te verdedig vir wat gebeur het voor dit nie. [Tussenwerpsels.]
Ek is nie'n lid van die komitee nie. U moet uitvind hoe werk die reëls. [Tussenwerpsels.] Ek sal praat in die debat, want die mense daar buite word geraak deur hierdie departement. Dis my goeie reg. U moet die reëls gaan lees. Hoe dit ook al sy … [Tussenwerpsels.]
English:
The TEMPORARY HOUSE CHAIRPERSON (Mr A MLANGENI): Members on my right, please, order! [Interjections.] Give him a hearing, please!
Dr C P MULDER: Thank you, Chairperson. I would like to address one specific point, namely the department's implementation of its affirmative action programme. Clearly, we also have a problem with regard to this aspect.
On 25 April 2013, there was a Member's Statement in the House and in his response the hon Minister said the following:
Nowhere in the Employment Equity Act does it say that there shall be an ethnic group preference area.
That is what the Minister said;and that is his point of view.
Then he said that all people are going to have equal access to promotion everywhere. Now we clearly all know that that is not the case.
AN HON MEMBER: Yes, we know that it's not.
Dr C P MULDER: If that were the case, there would not be a case before the court at this moment because people have had to approach the court to fight to be appointed.
Clearly the facts stipulate the following: Between 6 September 2011 until 3 February 2013, 97% of all the people appointed in this department were black people. I must try to explain what I mean when I say that, because the ANC uses terminology as it suits them. In terms of the ANC's terminology it would mean African people. However, that too is wrong because we are all African.
In terms of the ANC's definition, we are talking about ethnic black people – 97% of all appointments. That means the minorities, for example, the coloured communities in the Western Cape, are excluded even though they make up more than 50% of the population in this province.
In terms of the national demographics being used by the departments, their numbers will have to be reduced in the Western Cape to 9%. That is exactly why they have gone to court and we will have to watch and see what happens in that regard because, at this stage, you are discriminating against minorities.
You are basically busy with social engineering in South Africa, which supposedly is unacceptable. I was under the impression that we have moved way beyond race classification and those kinds of things.
Afrikaans:
Agbare Minister ek stel ...
English:
The TEMPORARY HOUSE CHAIRPERSON (Mr A MLANGENI): Order! The hon member's time has expired.
Dr C P MULDER: That is a pity! Thank you. [Applause.]
The DEPUTY MINISTER OF CORRECTIONAL SERVICES
Dr C P MULDER
The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Chairperson, Minister Ndebele, the change of guard in the Ministry on 12 June 2012, which saw the arrival of the hon Minister Ndebele from the Department of Transport, and the departure of hon Mapisa-Nqakula for the Department of Defence and Military Veterans, allows me the opportunity to say to the House that I relished the period I served as her Deputy Minister.
When I was appointed to this portfolio she assigned me specific focus areas which I continue to attend to. Minister Ndebele requested me to continue focusing on the same areas which I had been focusing on during the previous years.
The three mainstreams of the core business of the department are vested in the budget programmes: remand detention; incarceration and corrections; and social reintegration. My main focus areas are remand detention and social reintegration.
Hon members, I am pleased to share with you the considerable progress that the department has made in terms of remand detention. The Remand Detention Branch was established on 1 April 2012, and the branch head was subsequently appointed on 1 June 2012. She is Ms Britta Rotmann.
The vacancies in the branch structure at national level were filled and a draft Regional and Management Area Organisational Structure was developed and submitted for approval. We are hoping to fill positions at these levels very soon.
One of the first and key responsibilities of this new branch was to develop a White Paper on Remand Detention that is aligned to correctional services legislation and specifically to the Correctional Matters Amendment Act. This was done.
We developed the White Paper in consultation with our key role-players in government, namely the SA Police Service, the Department of Social Development, the Department of Justice and Constitutional Development as well as the relevant Justice, Crime Prevention and Security Cluster structures such as the Management of Awaiting Trial Detainee Task Team, Criminal Justice Review Committee, National Integrated Court and Case-flow Management Task Team and the National Development Committee of the Justice, Crime Prevention and Security Cluster.
Several other key stakeholders and interest groups were also consulted on the White Paper. Amendments were effected after each phase of consultations. The document has now been submitted to the Correctional Services National Development Committee for further consultation processes with the directors-general's committee, Minister's committee; Cabinet committee and eventually, Parliament.
The department works closely with its partners in the Justice Crime Prevention and Security Cluster and enjoys excellent support from them. Caseflow Management meetings, Criminal Justice Review meetings as well as Justice, Crime Prevention and Security Cluster
Development Committee meetings are attended and the refinement of the Remand Detention System features prominently on the agendas.
The protocols on section 49(g): Maximum incarceration periods for remand detainees; and section 49(e): Referral of terminally ill remand or severely incapacitated remand detainees to court, were endorsed and approved by the relevant Justice Crime Prevention and Security Cluster of Directors-General of the Department of Correctional Services, Department of Justice and Constitutional Development, National Prosecuting Authority and SA Police Service at a meeting held on 03 July 2012.
The protocols were further unpacked into operational policies and the relevant forms required for implementation were developed.
Standardised presentations were also developed and circulated to the National Integrated Court and Case-flow Management Secretariat for further distribution to all provincial and local case-flow structures that are chaired by the judiciary.
The official implementation date for the Section 49(e) protocols was 1 December 2012, and referrals are being monitored at national level in this regard. The official implementation date set for the Section 49(g) protocols is 1 July 2013, and the preparatory processes for promulgation are in place.
Information technology solutions for implementation and accurate data-capturing were developed in 2012, and implemented on 1 April 2013. The solution will assist in determining which remand detainees qualify for referral to court at certain intervals, in line with Section 49(g) provisions.
The first three months, April to June 2013, is the pilot phase during which testing of the accuracy of information is done, as well as referral of cases, which would constitute backlog cases once the section is fully implemented. A strategy in this regard was developed with key strategic partners: the Department of Justice and Constitutional Development; the National Prosecution Authority; Legal Aid SA; and the judiciary.
A tool for calculating the length of detention was also developed and implemented on 1 April 2013, with a three-month testing period. In addition, a monitoring tool was developed for completion by all regions that will make it easier for the calculation of a national average length of detention of a detainee.
The department's inability to accurately determine the security risks that individual remand detainees pose has long been an Achilles heel for the managers of remand detention facilities.
A security-risk classification system for remand detainees has been developed in conjunction with SAPS during the period 2011 to 2012. A testing phase of the system and tools started on 1 December 2012, and will continue during the 2013-14 financial year. Once the system's effectiveness and reliability are guaranteed, it will be rolled out to all remand detention facilities.
Twenty-six dedicated remand detention facilities were established across the country, and a further 109 centres have been authorised to establish remand detention sections with effect from 1 March 2012. The department is currently looking at disaggregating the number of bed spaces made available for remand detainees versus sentenced offenders in order to, have split overcrowding figures in future that will assist us to plan much better.
Twenty-two video arraignment courts in correctional centres serving 47 magistrate courtrooms have been established although the site at Mthatha is still being refurbished under the management of the Department of Public Works. Challenges relating to the connectivity of lines, both Telkom and the Integrated Services Digital Network, ISDN, as well as theft of equipment have prevented the system from functioning optimally.
With regard to remand detention uniforms, bright yellow uniforms are being manufactured by offenders in the department's textile workshops. Thus far, 8 400 one-piece overalls, 11 307 shirts and 6 049 pairs of trousers have been manufactured using 50% of the capacity of our workshops so we are putting inmates to labour. The rest of the capacity is utilised to manufacture uniforms for sentenced offenders. Production will carry on through the 2013-14 financial year.
According to projections, all remand detainees will begin wearing uniforms during the second half of 2014. This will contribute to better security management in remand detention facilities and improve hygiene issues.
Although we do not want to accommodate children in remand detention there are unfortunately cases where a court has no alternative but to refer children for remand detention to our centres. In this regard, the department works in close collaboration with the Department of Justice to ensure that we adhere to the stipulations of the Child Justice Act.
In line with section 30(4) of the Child Justice Act, children appear every 14 days before the presiding officer to allow reconsideration of their detention orders.
I am pleased to report that the total number of children in remand detention has decreased considerably over the past three years. It decreased from 305 children at the end of March 2011, to 218 as of 31 March 2012, and there was a further reduction to only 135 on 31 March 2013.
The Department of Correctional Services adopted a cluster approach to developing a framework for measuring repeat offending. As the hon members may be aware, we do not have reliable figures on repeat offending, which is a crucial performance indicator to determine the success of rehabilitation programmes and correctional interventions.
A cluster committee has completed the framework and there have been consultations about it with various cluster committees. We believe this will be implemented as soon as it is officially approved.
The R22,8 million allocation to the Department of Correctional Services by Cabinet from the Criminal Asset Recovery Committee Fund for the installation of an audiovisual system in the parole boards' offices will come to fruition soon. The final bid evaluation documents and recommendations were submitted to the procurement division for submission to the Correctional Services National Bid Adjudication Committee.
The committee met during May 2013 to consider recommendations of the Correctional Services Bid Evaluation Committee. The final awarding of this tender is expected to happen by the end of May 2013. Once the system is installed, it will give victims access to any of the 52 parole boards across the country to make presentations without having to travel.
One should mention in this regard that people who qualify for parole should have first served minimum sentences under our law; second, undergone rehabilitative programmes within our facilities; and lastly, behaved according to the rules. So there is an objective standard which is applied to adjudicate over the applicant for parole. The last issue is that parole also involves participation by the victims. [Interjections.] [Laughter.] I'd rather give you a smile.
In 2007 the department developed the Policy on Restorative Interventions. This included the Victim-Offender Mediation Model, which outlines the process of identifying offenders who are genuinely ready to take part in victim-offender mediation. In addition, the department signed a memorandum of understanding with the Foundation of Victims of Crime to assist with tracing victims of crimes for their possible participation during parole placement whenever they are willing to do so.
The parole system that is used in the country is based on international best practices. It allows for independent decision-making by correctional supervision and parole boards and it allows for the participation of victims as well as other role players such as representatives of the SAPS.
The average number of offenders on parole has grown from 44 941 in 2010 to 2011, to 46 259 in 2012 to 2013. The average number of offenders subjected to correctional supervision, however, has decreased from 22 458 to 17 183 in the past three years.
During the 2012-13 financial year, 78% of all offenders placed on parole had undergone prerelease programmes. Of those placed on parole during the period 2012 to 2013 ... [Interjections.]
The HOUSE CHAIRPERSON (Mr A Mlangeni): Order, please! I am giving you half a minute to round off your speech, Deputy Minister.
The DEPUTY MINISTER OF CORRECTIONAL SERVICES: House Chairperson, let me quickly move on to the judicial inspectorate. We are appreciative of the service rendered by the Inspecting Judge Vuka – Mshengu – Tshabalala and his team. We have also established the legal services department and it is up and running. I now humbly request members to please support the budget. [Applause.]
Mr M A CELE
The DEPUTY MINISTER OF CORRECTIONAL SERVICES
Mr M A CELE: Chairperson; Minister Sibusiso Ndebele; Deputy Minister Ngoako Ramahlodi; National Commissioner Tom Moyane and the Senior Management of the Department of Correctional Services; chairperson of the portfolio committee, Comrade Vincent Smith; hon members of the portfolio committee; Inspecting Judge Vuka Maswazi Tshabalala; members of the National Council on Correctional Services; distinguished guests and fellow South Africans; comrades and friends; and ladies and gentlemen, I would like to start by extending my condolences to the families of the correctional officials who have passed on and to the families of offenders who have died in our correctional facilities.
My focus this afternoon is on security in correctional centres. The department is mandated to contribute to maintaining and protecting a just, peaceful and safe society by enforcing decisions and sentences of courts in the manner prescribed by legislation; detaining all inmates in safe custody, while ensuring their human dignity; and promoting the rehabilitation, social responsibility and human development of all offenders.
The department is also expected to play a critical role in ensuring that all people in South Africa are safe and that they lfeel safe. This is in line with the National Development Plan's vision and target for 2030, which is to build safer communities.
The vision of the NDP is that all people living in South Africa should feel safe in their homes, schools and at work and that they should enjoy a community life free of fear. Women should walk freely in the streets and children play safely outside.
The ANC is confident that the leadership of the department, working as a collective with stakeholders and communities, will ensure that this mandate from fellow South Africans is carried out.
The Freedom Charter, in its preamble, states clearly that South Africa belongs to all who live in it, black and white, and that no government can claim authority unless it is based on the will of all the people. Therefore the mandate given to this department is based on the will of the people of South Africa.
Over the years we have witnessed significant improvements and developments in the operations of the department under the leadership of the ANC deployees such as the former Ministers Ngconde Balfour and Nosiviwe Mapisa-Nqakula, and the current Minister Sibusiso Ndebele.
The developments that we have witnessed under the ANC leadership include the development and adoption of the White Paper on Corrections in 2005; the establishment of the 7-day work week; and the shift system, which has saved the taxpayers money annually to the amount of almost R1 billion on overtime payments for weekends. However, the department still needs to work closely with organised labour to develop an appropriate shift system that will work out successfully. [Laughter.]
As 2013 has been declared the year of the correctional official, the department should show a caring attitude towards its most valuable asset, which is a correctional official. A correctional official is the person who is expected to assist and facilitate the rehabilitation process of the offender. The department should find innovative ways of motivating officials so that they perform their duties efficiently.
The recent establishment of the remand detention branch and the Draft White Paper on Remand Detention is another positive development, which will address all issues dealing with remand detainees. This is indeed a move in the right direction and we therefore applaud the department.
The establishment of the position of chief security officer and the development of a gang-management strategy is another positive development under the ANC leadership. These developments will play an important role in strengthening security and boosting confidence in the correctional centre's security environment.
We should acknowledge that the existence and operation of gangs in the correctional centres is not a new phenomenon and is not unique to South Africa. It is a global challenge facing correctional administrators.
Therefore, hon Selfe, the gang-management strategy will not be a quick-fix solution to gangs in our prisons. It is a long-term strategy meant to deal with the manifestation and existence of gangs in our correctional facilities.
IsiZulu:
Mhlonishwa u-Selfe, uyabona njengoba silapha eNtshonalanga Kapa, indaba yamaqembu emigulukudu ikhathaza wonke umuntu. Iyasikhathaza. Akuyona into okuthi uma ixoxwa, siyikhulume sengathi siyadlala ngoba kufa abantu abangenacala. Kufa izingane ezincane. Ufunde iphephandaba i-The Voice yayizolo, uzobona omunye umlisa oneminyaka engama-34, owajoyina iqembu lemigulukudu eneminyaka eyi-14. Into yokuqala ayenza kwaba ukubulala ngoba nobaba wakhe wayeyilungu leqembu lemigulukudu.
English:
The launching of Operation Vala in the financial year 2005-06, which was the brain child of former Minister Ngqonde Balfour, has contributed significantly to the reduction in escapes in correctional centres, especially over the festive period.
Indeed, we have seen a drastic decrease in escapes from correctional centres since the ANC took over this department. This is based on the fact that escapes were reduced from 171 in 2004-05, to only 41 in 2011-12, under the leadership of the cadres deployed by the ANC.
We are confident that the department will not rest until there are zero escapes in correctional centres and all people are and feel safe. [Applause.]
Despite some improvements and achievements, the department is still faced with challenges. The number of unnatural deaths in correctional centres is a course for concern.
The 2011-12 Annual Report of the Inspecting Judge revealed that there were 48 unnatural deaths in correctional centres across the country. Twenty of these deaths were attributed to suicide either by hanging, setting prison cells alight, electrocution or drug overdoses.
The number of suicides by of hanging, especially in single cells, is alarming and measures must be put in place to increase monitoring of inmates in single cells or special care units. These suicides can be ascribed to the deep-rooted psychological problems experienced by a number of inmates in correctional centres.
It is, therefore, important that access to social workers and psychological services for inmates in correctional centres should be improved. It is also important that officials should be trained in identifying suicidal inmates.
Sexual violence in correctional centres is something that cannot be tolerated, especially if officials are aware of such cruel, inhumane and degrading acts perpetrated by gang members against inmates but continue to ignore them.
We cannot expect a victim of sexual violence in prison to report it if he anticipates a lack of responsiveness, lack of sensitivity or basic protection from those who are charged with his care.
The issue of contraband, especially cell phones, in correctional centres is another challenge facing the department. We are aware that inmates have cell phones in their cells and these are the very same cell phones used to commit further crimes on the outside. The collusion between some officials and inmates in bringing cell phones, drugs and weapons into correctional centres is condemned in the strongest possible terms.
We urge the department to act speedily and decisively against such perpetrators. The Department of Correctional Services, in consultation with other sister departments and the private sector, should come up with innovative ways to ensure that cell phones are not used by inmates in correctional centres.
The issue of access control in correctional centres is something that needs to be addressed and finalised as a matter of urgency.
The Portfolio Committee on Correctional Services has always advocated for the installation of closed-circuit-television cameras inside prison cells in order to strengthen security, especially, after lock-up. I hope the department will consider some of the proposals from the committee.
In his state of the nation address, President Jacob Zuma mentioned that we must continue to encourage people from all walks of life never to stop learning. The President further mentioned that he wants to see everyone in this country realising that education is an essential service for our nation.
IsiZulu:
Kuyathokozisa ukuthi umhlonishwa uNgqongqoshe uManzankosi uthi iziboshwa ezingenalo ibanga lika-Grade 9 kufanele okungenani enze imfundo yabadala kusuka ezingeni lokuqala kuya kwelesine. Lokhu kuzosiza ukuthi kuncishiswe izinga lokuphula umthetho ngaphakathi bese kuqinisa ukuphepha phakathi kwamajele ethu. Iziboshwa zizobe zimatasatasa zifunda. Zizobe zingadlali; zingenzi izinto ezingenambuyiselo noma eziwubugebengu. UNgqongqoshe uthethe isinyathelo esincomekayo. Siyabonga. [Ihlombe.]
English:
As the ANC we are saying that working together we can do more to ensure that our correctional centres are secured by all these measures that the department, under the leadership of the Minister, has put in place. I thank you. [Applause.]
Mr L M MPHAHLELE
Mr M A CELE
HON MEMBERS: Izwe lethu! [This is our country!]
Mr L M MPHAHLELE: Izwe lethu! [This is our country!] [Laughter.]
Hon Chairperson, hon Minister of Correctional Services, hon Deputy Minister, hon members, esteemed guests, the prisons in South Africa are bursting at their seams because of their overpopulation. Unfortunately the Correctional Services Ministry has not moved on its undertaking to reduce the number of inmates.
We have submitted, and we do so again, that members of the Azanian People's Liberation Army and Umkhonto we Sizwe and others imprisoned for acts related to the struggle for liberation, as well as politically motivated offenders be prioritised for release.
They are different to common criminals. In the case of the freedom fighters, their acts were merely criminalised by the system they had been fighting.
The state has failed these freedom fighters, including through the aborted presidential pardon project. It baffles us why freedom fighters remain behind bars after nearly two decades of democracy. We call for the speedy release of all freedom fighters and political prisoners. The PAC supports the budget. [Applause.]
Mr V V MAGAGULA
Mr L M MPHAHLELE
The TEMPORARY HOUSE CHAIRPERSON (Mr A MLANGENI): Thank you, hon member. I now call hon P V Magagula.
Mr C P MULDER: Chairperson, on a point of order, in terms of the speaker's list, the next speaker should be the hon Dudley.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni) I can't hear you.
Mr C P MULDER: Hon Chairperson, according to the speaker's list, the latest speaker's list, the next speaker should be the hon Dudley.
The TEMPORARY CHAIRPERSON (Mr A Mlangeni): My list shows, "Mphahlele", "Magagula" and "Dudley". So I don't think your speaker's list is correct, meneer. [Interjections.]
Mr V V MAGAGULA
The TEMPORARY CHAIRPERSON (Mr A Mlangeni)
Siswati:
Mr V V MAGAGULA: Sihlalo lohlon, Ndvuna Yelitiko Letekulungiswa Kwetimilo, Mnu Sibusiso Ndebele Nelisekela lakho, Umml Ngoako Ramatlhodi, Khomishana wavelonkhe welitiko, nawe Babe Tomase Moyana, Sihlalo Welikomidi Letekulungiswa Kwetimilo, Vincent Smit, malunga lahlon, tivakashi tonkhe letetsamele lenkhulumomphikiswano, nine bekunene, letinyamatane tami tenta kutsi bantfu badideke, ngiyabona kutsi nawe Sihlalo sewudidekile.
Sihlalo, nami-ke ngitawugidza lapho bagidze khona labanye. Kulentsambama yalamuhla ngitawugcila kakhulu ekuhlehlisweni kwemacala umuntfu nakavalelwe, nome ngaloko lokwatiwa ngekutsi kuvalelwa, ngesikhatsi asengakagwetjwa avalelwe nje kuphela. Sigaba 9, 10, 12, na 35 Semtsetfosisekelo walapha eNingizimu Afrika, umtsetfo 108 wanga 1996, uvikela emalungelo alabo labasuke basevalelwe, labo labaselindzele kutsi inkantolo iphotfule emacala abo.
Sihlalo, Khongolose utawucinisekisa kutsi onkhe emalungelo aLomtsetfosisekelo welive ayagcinwa futsi ayanakekelwa. Umtsetfo lokhona Emculwini Wenkhululeko njengobe kwavunyelwana ngenyanga Yenhlaba nga 1955. Emkhatsini walokunye, Lomculu Wenkhululeko utsi bonkhe bantfu bayawulingana embikwemtsetfo. Bonkhe bantfu bayawujabulela emalungelo eluntfu ngalokulinganako.
English:
Chairperson, the issue of remand detention is not only a challenge facing South Africa, it is a global problem. It is estimated that around the world 3,2 million people are behind bars, awaiting trial.
More often than not, many of those who are awaiting trial cannot afford bail. This means, the majority of those awaiting trial are there simply because they are poor.
Chairperson, to me this is a form of discrimination in our criminal justice system. The Freedom Charter says that all shall be equal before the law. Justice should not be reserved only for the rich and the powerful.
At the end of March 2012, there were 79 inmates, who had been in remand detention for more than five years; 169 had been in remand for between four to five years; and 1 642 had been in remand for between two to three years.
Section 35(3)(d) of our Constitution states clearly that every accused person has a right to fair trial, which includes the right to have their trial begin and conclude without unreasonable delay.
Chairperson, it is a fact that the number of people on remand does not correlate with the intake of the sentenced population. This means that many people, who are on remand, will ultimately be released because their cases are withdrawn as a result of a lack of evidence, or they will be acquitted by a court of law.
Therefore, the conclusion that can be drawn from this, is that the police make unnecessary arrests and the majority of those arrested are, unfortunately, black and poor.
In the 2011-12, the police arrested more than 1,6 million people. The question that needs to be asked is where all those people are, because they surely are not in the correctional facilities. Spending time awaiting trial has the potential of destroying not only an individual's life, but also the lives of the rest of the family.
Hon Chairperson, the problems associated with remand detention are not problems caused by the Department of Correctional Services, it is a justice cluster problem, particularly the police, the National Prosecuting Authority and the courts. The Department of Correctional Services is merely at the receiving end of the justice chain. In 2006, Cabinet decided that the Department of Correctional Services should take on the responsibility of the remand-detainee system.
Chairperson, it would be an injustice if I didn't congratulate the Department of Correctional Services on their tireless efforts and the good work they are doing to address all these challenges I have mentioned today.
Firstly, as has been mentioned today, the DCS has introduced section 49G through the Correctional Matters Amendment Act, which will be operating from July 2013. This section regulates a time limit on how long remand detainees should be held awaiting trial. This is a positive step in the right direction by the Department of Correctional Services. [Applause.]
We also welcome section 48 of the Correctional Matters Amendment Act, which stipulates that every remand detainee must wear a prescribed uniform, which will distinguish him or her from sentenced offenders, for the maintenance of the security and good order in the remand detention facility.
Chairperson, let us guard against the forces of doom, which want to come to claim an easy victory in the struggle and liberation of our people. The ANC is the only organisation that is tried and tested and is the vanguard of our people's interest. [Applause.] It is the only organisation that truly understands the suffering of African people. [Applause.]
Chairperson, a rotten egg is a rotten egg, no matter what we do about it. Whether you fry it or whether you boil it, it is still a rotten egg. [Laughter.] Whether it is well done or half done, it is still a rotten egg. [Laughter.]
Chairperson, let me take this opportunity to thank the executive of the Department of Correctional Services, in particular, the Minister, Deputy Minister and the National Commissioner and his team, for their leadership excellence in carrying forward the mandate of the ANC, and ensuring a better life for all and that all people in South Africa are protected and feel safe. [Interjections.]
The ANC supports the Budget Vote. [Time expired.] [Applause.]
Mrs C DUDLEY
Mr L M MPHAHLELE
Mrs C DUDLEY: Hon Chair and hon Minister, in challenging the rotten-egg theory, … [Laughter.] … the ACDP is concerned that important services to prisons are being unnecessarily lost; services such as those previously provided by Prison Broadcasting Network, PBN, for example.
Prison Broadcasting Network provided 15 years of daily services in radio, video, music production and broadcasting, as well as trauma and general counselling. These services provided offenders with some of the most technologically advanced training and skills development in the country.
Trinity Broadcasting Network, TBN, the only organisation of its kind in the world, won two awards last year for a television commercial filmed by ex-offender students. These services were shut down in July 2011, when the former Area Commissioner of Pollsmoor Prison made what seemed to be a unilateral decision to do so without any prior warning.
In August 2011, a unanimous decision was taken by the Quality Assurance Board of Pollsmoor to retain and expand TBN's services. The former Minister of Correctional Services issued a statement which was broadcast on all national SABC news channels in February 2012 that TBN services would be reinstated and rolled out in all prisons in the country.
However, the situation remained the same. TBN spent two years imploring the highest levels of correctional services, and even the President, to reinstate TBN to no avail.
Two other major rehabilitation projects, the Bird Project and Ambassadors in Sport, were also shut down at Pollsmoor by the same area commissioner. These were both highly successful projects which brought international acclaim to correctional services, and had been running for years. I will forward the information that I have to your office, hon Minister.
We cannot claim to be prioritising rehabilitation of offenders when individuals are allowed to shut down successful rehabilitation and job-creation projects, which provide excellent services at no cost to the state. It would also be beneficial to employ competent, skilled people to do better work and facilitate the numerous NGOs, which provide much needed services in prisons.
Exorbitant sums of money - we are told - are being wasted on contracts for new fencing and equipment, instead of enforcing certain criteria for installations at prisons and maintaining existing equipment. More money should go into maintenance instead of purchases.
Potential installation projects should include a minimum five-year maintenance contract, with an option which cannot be discontinued without valid reasons. Irregularities that favour new installations by new contractors, rather than maintainence, must be scrutinised.
Hon Minister, why do you need Bosasa Service Company, or anyone else, to supply food to the department when there are more than enough human resources to cook the food required? This could and should be another invaluable skills development or job creation project, as ex-offenders are far more likely to make a living from cooking than from flower-arranging or leather crafts.
Correctional services should also be growing their own vegetables and producing their own meat. A farm employing ex-inmates would save huge amounts of money on the cost of produce and provide countless jobs and skills. The ACDP will be supporting this budget. [Time expired.] [Applause.]
Mr L H MAX:
Mrs C DUDLEY
Mr L H MAX: Hon Chairperson, hon Minister, Deputy Minister, colleagues and guests, we say to one another, and I quote:
... I cannot be without you, without you this South African community is an incomplete community, without one single person, without one single group, without the region or the continent, we are not the best that we can be.
Chairperson, these are the words contained in the National Development Plan's vision statement and they underwrite the principle of a rainbow nation, which South Africa desperately needs.
Contrary to this, the equity plan of the Department of Correctional Services excludes certain race groups and ignores regions. I am mentioning this in the light of one of the biggest Labour Court cases in the history of South Africa, in which 10 Department of Correctional Services officials, with the help of the union, Solidarity, are fighting for equal treatment; to be acknowledged as citizens of South Africa; and for the opportunity to make a contribution to give effect to the objectives of the NDP.
These officers are discriminated against, not because they are incompetent or lack the relevant qualifications to qualify for appointments or promotions, but purely because of the colour of their skin.
Whilst these officials fight nonracialism, the Department of Correctional Services and the ANC enforce racial separation and segregation, similar to the apartheid government. Section 9(1) of the Constitution states, and I quote:
Everyone is equal before the law and has the right to equal protection and benefit of the law.
This principle of the Constitution was complied with during the Constitutional Court case, City Council of Pretoria v Walker:
No member of a racial group should be made to feel that they are not deserving of equal concern, respect and consideration and that the law is likely to be used against them more harshly than others who belong to other race groups.
Section 15(3) of the Employment Equity Act states, and I quote:
The measures referred to in subsection (2)(d) include preferential treatment and numerical goals, but exclude quotas; …
And section 15(4) of the Employment Equity Act states that -
Subject to section 42, nothing in this section requires a designated employer to take any decision concerning an employment policy or practice that would establish an absolute barrier to the prospective or continued employment or advancement of people who are not from the designated groups.
The provisions of section 15 were espoused in the Van Heerden case, in which Justice Moseneke stated, and I quote:
In particular, a measure should not constitute an abuse of power or impose such substantial and undue harm on those excluded from its benefits that our long-term constitutional goal would be threatened.
It is evident that the quota system of the D Department of Correctional Services is in direct conflict with the Employment Equity Act, the vision of the National Development Plan and our courts. However, this management tool is not only confined to the department, it is utilised by all national departments.
It is absolutely clear that the Department of Correctional Services and the ANC-led government separate us, ignore us, reject us and abuse us. It follows that South Africans first have to discharge the onus of blackness to be able to qualify for a job or promotion, which is currently the only criterion that the ANC-led government applies to the job market.
The National Development Plan states:
A plan is only as credible as its delivery mechanism is viable. There is a real risk that South Africa's developmental agenda could fail, because the state is incapable of implementing it.
There is no doubt that the Department of Correctional Services equity plan is contributing to the failure of government. However, the government is still prepared to sacrifice competency, service delivery and unity for their race-based policies.
The DA applauds the members of the department who, with the support of Solidarity, have the courage to confront these unfair discriminatory practices in the Labour Court, when they are well aware of the risk of victimisation.
Victimisation has already reared its ugly head in the Western Cape, where Mr Freddie Engelbrecht, the deputy regional commissioner of the Western Cape, was denied an opportunity to act as a regional commissioner in the absence of the Regional Commissioner, Mr Klaas, although it is in line with standard practice.
This is happening at a time when the Minister and the Department declared 2013 as the Year of the Correctional Official. Is this, Minister, the aim of your programme?
The only logical conclusion one can draw, in terms of this deviation from standard practice, is that the Department of Correctional Services management is now hitting back at those officials who dare to challenge the equity policies of the department.
It is here where the department has it wrong. These officials made it plain in court that they are not against management; they are not disloyal to government; and they are not against any other race group. They are against discrimination and the implementation of section 42 of the Employment Equity Act.
These officials are fighting against exclusion and separation of people based on the colour of their skin. If to divide and rule was the grand design of apartheid, then this case proves that the ANC is perpetuating it, contrary to the spirit and letter of our Constitution. [Time expired.] [Applause.]
Mr S ABRAM:
Mr L H MAX
Mr S ABRAM: Hon Chairperson, I wish quickly to make a few comments before I run out of time as I usually do, especially at my advanced age! The care programme of the Department of Correctional Services, provides needs-based programmes and services aimed at maintaining the personal wellbeing of inmates.
The programme does so by facilitating fitness, social functioning and health. It also maintains the spiritual, moral and psychological wellbeing of inmates.
The 2013-14 financial year allocation has decreased by 15% to R1,6 billion when compared to the 2012-13 allocation. It accounts for merely 8% of this year's total Department of Correctional Services budget, which amounts to R18,7 billion.
There are 1 843 funded posts of which 110 were vacant at 30 September 2012. The targets set by the department for 2013-14 are: 50% of inmates are to be tested for HIV and the 2011-12 target was 23%, whilst 42, 5% was achieved; 94% HIV-positive inmates are to be placed on antiretrovirals and the 2011-12 target was 49%, whilst 43% was achieved; 75% of inmates are to be put onto a cure regimen, the 2011-12 the target for all communicable diseases was 8%, whilst 5,45% was achieved.
The 2011-12 ARV targets could not be reached, as some offenders refused to take medication for certain reasons best known to themselves. Measures must be put in place in order to prevent this.
Whilst there are major challenges facing the Department of Correctional Services on health and care issues, the budget has been reduced. In 2011-12 the Judicial Inspectorate for Correctional Services reported that 17 of the 186 centres it visited had not once been visited by a doctor in three months.
They also reported that 34 202 complaints related to health care were recorded by the Independent Correctional Centre Visitors, ICCV, against a total of 39 868 in 2010-11.
To facilitate their rehabilitation, social responsibility, human development and enable their social reintegration, the rehabilitation programme provide inmates with needs-based programmes and interventions.
For the 2013-14 financial year R1,1 billion has been allocated, which is an increase of 13% over the 2012-13 year. Rehabilitation's portion of the total budget is only 6% of the total DCS 2013-14 financial year budget. This is a core DCS function and significant increases will have to be budgeted for to provide for the coming years.
This allocation will ensure that the percentage of inmates eligible to participate in further education and training college programmes are marginally increased from 13% in 2011-12 to 14,9% in 2015-16. It will also hopefully facilitate the provision of workshops for inmate education and development of educators on the latest policy and curriculum developments in the Departments of Basic Education and Higher Education and Training.
There are 2 242 funded posts, of which 285 posts are vacant. The target is to ensure that 60% of offenders of the Correctional Sentence Plans complete correctional programmes; increase the number of inmates attending Adult Basic Education and Training to 67,2%; increase the number of those attending formal education classes to 1,4%; increase those in skills training to 28,7%; and those pursuing FET college programmes to 13,6%.
The hon Minister is also on record as having said that for inmates who have not completed Grade 7, it will be compulsory to attend school and Abet levels 1 to 4.
The current per capita expenditure for the upkeep of inmates that the hon Minister announced earlier, is hovering at around R9 831 per month. The department should consider promoting distance-based education, for example, through institutions such as Unisa.
The current tuition fee per annum does not exceed R5 000 per student at such institutions. Should 20 000 inmates opt to enrol, the annual cost will be R10 million, representing an insignificant percentage of the 2013-14 budget of R18 billion. The amount further pales into insignificance against the underspending of R730 million in 2010-11 and R894 million in 2011-12.
However, the cumulative benefit to families concerned, and society generally, remains inestimable if we can educate our people who are currently inmates.
Before I go on to something else I had better respond to some of the speeches we heard here this afternoon. To the hon Mphaphlele, let me say I trust that the Minister will pursue the issue that you have raised about the call for the release of political prisoners.
The hon Berend mentioned the White the Paper and the need to have another look at it. I would like to assure her that the portfolio committee has already expressed itself on this particular aspect.
Today is the first time that I have seen the hon member at a meeting of Correctional Services. It would be a good thing if she were to attend some of our meetings because it will empower her.
As far as Baba Ndlovo is concerned, I cannot add "the hon member". He is a baba [father] to me. [Laughter.] Baba Ndlovo is a very vociferous member of the portfolio committee and I am certain that he will again have the opportunity to raise the issues that he has raised there.
As far as the hon Mulder is concerned, I wish to give him the assurance that there is a task team.
Afrikaans:
Daar is 'n taakspan oor menslike hulpbronne aangestel wat aan die Minister terug moet rapporteer voor die einde van Junie.
Ek wil dan net graag vir my goeie vriend Adv Max sê dat hy mos baie betrokke is by sake oor menslike hulpbronne en hy neem hulle baie graag hof toe. Ek wens hom geluk daarmee en ek wil hom net verseker dat elke burger wat verontreg voel, volgens die Grondwet – dit is die voordeel van ons Grondwet - natuurlik die reg het om homself na die howe te wend om sy saak daar te stel.
English:
My good friend, the hon Selfe, we take note of everything you have said. He is very passionate about what he says and he knows full well that he is always listened to at portfolio committee meetings and, where possible, action has been taken on a number of issues raised by him in the past.
The hon Selfe is aware that wherever issues are raised, which are in the general and overall interest of the broad population, the department does take note of them.
I would like to thank the members of the ANC who have participated in this debate, the hon Minister for his maiden speech and the hon Deputy Minister for his speech. I think the hon Minister appears to be on the right track. What is needed is that we support him and stand behind him so that we can achieve that which needs to be achieved to make Correctional Services a place where we can create better members of society once they leave that particular institution.
There is a lot more which one would like to say here but unfortunately there is very little time. However, I need to say that a large percentage of the prison population suffers from mental illness or incapacity, which may be exacerbated by their experience of incarceration.
The needs of this group of prisoners must be identified as soon as they enter prison and a treatment and care plan put in place for them, which must continue once they are released into the community. It is not a question of merely doing something for them while they are inside. We need to see that we carry this through to when they return to the community so that recidivism can be limited.
The problems of this group of prisoners are often exacerbated by substance and general abuse. Planning for the transition from prison must be facilitated through the joint planning and co-operation of the different sectors of mental health, justice, corrections and substance abuse training centres.
An important aspect of this planning is to ensure that offenders have access to and can pay for mental health or substance abuse treatment in the community.
And now for ...
IsiZulu:
... igama labafazi, iziboshwa zesifazane zivamise ukuthi zibe abantu ababengasebenzi ngesikhathi sokuboshwa uma kuqhathaniswa nezesilisa kanti futhi eziningi kuzona zisuke zidinga kakhulu imfundo kunalezi zesilisa. Abasifazane abasebenzayo bahlala ezindaweni ezisesimweni ezingcono.
Labo asebehloliwe futhi belashelwa uphuzo nokusebenzisa izidakamizwa baba namathuba angcono okuthola ushwele. Izinhlelo ezilandela ukukhululwa kwazo ejele zibalulekile futhi ziyasizwa iziboshwa zesifazane ukuqala impilo yazo kabusha ngemuva kokuboshwa futhi zizizwe ziyingxenye yemiphakathi ezibuyela kuyo. Ngiyabonga. [Ihlombe.]
English:
Sorry, my IsiZulu is not very good.
I finally want to thank the hon chairperson, as well as Mama Ngwenya, for their leadership in the portfolio committee. Those of us who grew up on farms will tell you about the mother hen that will collect all her chicks whenever there is a storm and it is raining, to see that they are well taken care of.
It is not parliamentary to liken a Member of Parliament to an animal, but mama reminds me of that hen that takes care of those that are left to her responsibility. For that we are appreciative.
This committee is one where we don't really allow politics to take the upper hand. It is a committee that has to do with helping to make better citizens of our brothers, sisters, children and grandchildren who have been wayward.
Afrikaans:
Ons kan hulle nie weggooi nie. Ons moet hulle vertroetel en ons moet hulle help om beter burgers van die land te word.
The MINISTER OF CORRECTIONAL SERVICES
Mr S ABRAM
The MINISTER OF CORRECTIONAL SERVICES: Chairperson and members, thank you to the speakers for a very constructive debate that has ensued here. We can assure you that we listened very carefully and that we will engage in resolving whatever problems there are.
Let me start with the problem in the Western Cape and state what the facts are in terms of employment equity. In February this year, we announced – not pushed by anything – that we wanted to have a meeting with all organised formations in the Department of Correctional Services.
Out of that came a ministerial task team of four officials from the Department of Correctional Services, four from the Police and the union, Popcru, and four from the Public Service Association, PSA.
Because of the urgency of the issues, I said that I'd ask for the report to be submitted by March. In March, the task team came back to me to request an extension to 15 June. At the moment that is where all these matters are at. So I don't think any of us need to pose questions on the matter, because whatever the problems are, we are willing and ready to deal with them as they come from all the formations.
As things stand now, if one was to do the arithmetic – which I don't like very much as I don't like to do tribal arithmetic – one will see that in the Western Cape you have 2 997 Africans, 3 024 coloureds and 57 Indian and 1 362 whites. Where then is this oppression and isolation of the people of this province? [Interjections.]
Where would it come from? Whether you go from centre-based or noncentre-based social workers or education, all the categories are covered. [Interjections.] So the task team will therefore receive whatever proposals are coming and when they are presented in June we will deal with them.
It is not going to help anyone to try to do this tribal arithmetic, because if we do that we can then start with the Cabinet of the Western Cape and say: Where are the coloured people? [Interjections.] Yes! [Applause.] We will start there, and we will go down the line. Hon Max cannot be so vocal here and then in his caucus he is not vocal and doesn't say that this thing cannot go on for five years. We are in the last 10 months now, and you allow the Western Cape to just have a whites-only, male Cabinet. [Interjections.]
Mrs D A SCHÄFER: Madam Chair, on a point of order: The Minister is misleading this House. That is not ...
The HOUSE CHAIRPERSON (Ms F Hajaig): Minister, could you just wait a moment? What is your point of order, hon member?
Mrs D A SCHÄFER: Madam Chair, the Minister is misleading this House. That is factually incorrect. [Interjections.]
The HOUSE CHAIRPERSON (Ms F Hajaig): I didn't hear you, hon member. [Interjections.] Will you please be quiet? I didn't hear the speaker. Can you repeat what you said?
Mrs D A SCHÄFER: The Minister is misleading this House. That is factually incorrect. [Interjections.] The Western Cape Cabinet is not entirely white.
Ms Z S DUBAZANA: Hon Chairperson, that is not a point of order; it is a point of dispute.
The MINISTER OF CORRECTIONAL SERVICES: That is not a nonracial, nonsexist executive. I wish to see it. If the executive is nonracial and nonsexist, I will be happy. I will actually applaud you. [Interjections.]
We are ready to deal with employment equity, as it will come to us from organised labour, to the satisfaction of all. We are a department that is nonracial – not superficially – and nonsexist – not superficially – and we will have to deal with whatever problems arise in this regard. We are ready to deal with it.
Secondly, the other ...
The HOUSE CHAIRPERSON (Ms F Hajaig): Order! Please will you stop, Mr Sonto and Mr Max. I don't want this chatting across the Chamber without any permission.
The MINISTER OF CORRECTIONAL SERVICES: In terms of incarceration, we are number one in Africa, and we are number nine in the world. [Applause.] That is a matter that we want to reduce.
We want fewer people inside correctional centres and more people out there. So we have initiated a programme and are continuing with the Victim-Offender Dialogue Programme. This programme calls upon all of us to ensure that the inmates come to the realisation that what they did was wrong and that they want to reconcile with the victims. In terms of the criminal justice system, most of the time we concentrate on the criminal, not on the victim.
Now if we have a person with us who is an offender, we say that they have to go out there and make amends to the victim. That is why the Worcester bomber, Mr Coetzee, who, after bombing and killing four people, regretted that not more people died,is a totally changed person who wants to reconcile with the victims.
We facilitated that. The people from Worcester came out to Pretoria and reconciled with him, and with Mama Macingwane and did all of that. So we want all members here to adopt that programme to ensure that we take the offenders to reconcile with the victims, to ensure that we create a much more conducive atmosphere when that person comes out. That will become true rehabilitation. Rehabilitation means, in the first instance, that people admit to themselves that what was done was wrong and, secondly, they want to make amends.
That process is now going on quite widely in a lot of areas. The hon Ngwenya has facilitated quite a number of those victim-offender dialogues right there in Soweto. Others we've had in Mpumalanga; others we've had elsewhere.
We want the hon Max to facilitate that as well, so that we don't just point and say "those offenders, those offenders," but that we also rehabilitate them and we move on that programme.
The issue of gangsterism is not an issue that is just inside. The inside of the correctional centres is just a microcosm. If you walk around, particularly here in this province, there are a lot of gangsters. Together we should move and perhaps use the people who are already convicted to assist in unearthing those people.
We should be talking to them and weaning them away from gangsterism. We should not just say that they are gangsters. The gangsters are outside, and we should be working together to ensure that those gangs are broken up and that the gangsters become law-abiding citizens. We should be using the inmates as a resource, because they are already exposed. They have nothing to hide; they have nothing to lose.
We have said that this is the year of the official. Let us look at the official. He stands between society and the person who perhaps has murdered and slit the throats of people. He stands there unarmed on a daily basis.
When a person is frustrated – if he is doing a 100-year sentence - what does he have to lose? If he kills an official, what does he have to lose? You cannot give him a death sentence. You cannot do anything. You can perhaps withdraw privileges like letter writing or that sort of thing.
Can I invite members to the Townhouse Hotel for refreshments after this? I thank you very much. [Time expired.] [Applause.]
The HOUSE CHAIRPERSON (Ms F Hajaig): Members, you and all the guests have been invited to the Townhouse Hotel for the cocktail function.
Debate concluded.
The Committee rose at 18:15.
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