Justice and Correctional Services 2019 BRRR

5. The Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Correctional Services, dated 29 October 2019

The Portfolio Committee on Justice and Correctional Services, having considered the performance of the Department of Correctional Services, reports as follows:

  1. Introduction
  1. Section 5(2) of the Money Bills Amendment Procedure and Related Matters Act 9 of 2009, requires the National Assembly, through its committees, to submit budgetary review and recommendation reports (BRRR) on the performance of national departments accountable to Parliament. The BRR report is generally informed by a committee’s interrogation of, amongst others, national departments’ estimates of national expenditure, strategic priorities, measurable objectives and forward-funding needs; National Treasury-published expenditure reports; the relevant annual reports and financial statements; and the Auditor-General of South Africa’s (AGSA) audit findings; as well as observations made during all other oversight activities.
  2. The Portfolio Committee on Justice and Correctional Services (the Committee) oversees the Department of Correctional Services (DCS) and the Judicial Inspectorate for Correctional Services (JICS) and their efforts to deliver on their respective mandates. To this end, the Committee monitors the implementation of and adherence to policies such as the white papers on Corrections and Remand Detention; compliance with applicable legislation; adherence to principles of good governance, and sound financial management; and service delivery in line with their mandates, strategic objectives, and government policies and priorities.


  1. Process followed
  1. On 9 October 2019, the Committee met with the Judicial Inspectorate for Correctional Services on its annual report 2018/19.
  2. On 22 October 2019, the Committee engaged with the Department of Correctional Services on its annual performance and expenditure for 2018/19. The Committee had already met with DCS on its performance and spending for the First Quarter of 2019/20 on 3 September 2019: the outcomes of that meeting are reflected in this report.
  3. Before meeting with the Department, the Committee was briefed by the Auditor-General on 8 October 2019 on the audit outcomes for the Vote.
  4. Copies of all the presentations are available from the committee secretariat.




  1. Strategic goals for 2018/19


  1. According to its 2015/16 to 2019/20 strategic plan, the DCS’s mission is to contribute to a just, peaceful and safer South Africa through the effective and humane incarceration of inmates, and the rehabilitation and social reintegration of offenders. The DCS is expected to contribute to ensuring that the MTSF and the NDP’s strategic outcomes are achieved. The overarching goal is to build a safer South Africa where all people are and feel safe.
  2. Another key goal has been to ensure that offenders, parolees and probationers are successfully reintegrated back into their society as law-abiding citizens through provision of rehabilitation and social reintegration programmes. This goal is important to dealing with repeat offending.
  1. Audit outcome
  1. The Department received a qualified audit outcome for 2018/19 as has been the case since 2014/15, except for in 2015/16 when the Department received a qualified audit opinion with findings.


Table 1: Audit outcomes since 2014/15

Financial Year

Total number of findings

Audit Outcome

Area(s) of Qualification




Contingent Liabilities








Capital Works-in Progress








Commitments and Irregular Expenditure


  1. The Department has findings on commitments and irregular expenditure. Notably, the Department was also qualified on commitments in 2017/18.
  2. There has been a significant decrease in the number of findings from 588 in 2014/15 to 205 in 2018/19. This is a 65% decrease in findings since 2014/15.
  3. The Auditor-General reports that:
  • Commitments. The Department did not maintain accurate and complete records of the contractual information used to determine commitments which are stated at R756 217 000 (2017/18 R 2 324 045 000). Furthermore, Management made adjustments to the commitments amount disclosed which the Auditor-General was unable to audit.
  • Irregular expenditure. The Department did not have an adequate system for identifying all irregular expenditure. (The irregular expenditure for 2018/19 is R158.6 million, bring the balance to R3.4 billion).


  1. The Auditor-General emphasised the following:
  • The annual financial statements required restatement of corresponding figures as a result of errors.
  • The Department is a defendant in various lawsuits: no provision is made in the financial statements for liability.
    1. Performance reporting. The programmes Incarceration and Social Reintegration were audited for usefulness and reliability of information. With regard to Incarceration:
  • The Auditor-General could not find sufficient appropriate evidence to substantiate the reported achievement of the target with respect to overcrowding.
  • In addition, the Auditor-General could not find sufficient appropriate evidence to substantiate the reported achievement of the target with respect to the creation of bed space (12 spaces in C-Max).


  1. Procurement and contract management. Some goods of a transaction value above R500 000 were procured without inviting competitive bids.


  1. The Auditor-General highlighted the following internal control deficiencies:
  • Leadership could not provide the required assurances.
  • The Accounting Officer and senior management did not respond with the required urgency to messages about addressing risks and improving internal controls.
  1. Consequence management. The lack of disciplinary action against officials, who incurred irregular or fruitless and wasteful expenditure was highlighted.
  1. Causes of negative audit outcomes
  • Lack of capacity within the supply chain management and finance components.
  • High dependency on manual processes to generate information and reports resulting in increases on error rates.
  • Lack of understanding of financial reporting standards by non-financial managers.
  • A constantly changing supply chain management regulatory environment (National Treasury).



  1. Expenditure 2018/19


  1. For the 2018/19 financial year, the Department had an adjusted budget of R23.9 billion. Of this amount, the Department spent R 23.8 billion or 99.7%.
  2. At programme level, there was underspending on the Administration and Rehabilitation programmes.
  3. The adjusted budget and spending per programme for 2018/19 was as follows:


Table 2: Expenditure per programme 2018/19








Actual expenditure


Percentage actual expenditure




4 387 803

(5 356)

4 382 447

4 334 477


47 970


14 350 403

118 514

14 468 917

14 468 917




1 810 137

(37 083)

1 773 054

1 748 967


24 087


2 332 629

(45 887)

2 286 742

2 286 742



Social Reintegration

968 001

(30 188)

937 813

937 813




23 848 973



23 848 973

23 776 916


72 057


  1. The adjusted budget and spending per economic classification for 2018/19 was as follows:


Table 3: Expenditure per economic classification 2018/19

Economic classification

Adjusted budget


Actual expenditure


Percentage actual expenditure


Compensation of employees

16 994 941

15 835 423


1 158 518

Goods and services

5 990 876

6 766 032


Interest on rent and land


2 063


Transfers and subsidies

133 182

568 552


Payment of capital assets

729 974

522 336


207 638

Payment of financial assets


81 510



23 848 973

23 776 916


72 057


  1. In terms of economic classification:
  • The Department recorded an under-spending of R1.159 billion under Compensation of Employees, mainly due to funded vacant posts and outstanding OSD phase 2 payments for service terminations cases.
  • With regard to Transfers and Subsidies, actual spending was R569 million (426.9%) against the adjusted budget of R133 million. The over-spending was a result of payment of post-retirement benefits for service terminations.
  • With regard to payments for capital assets, there was significant under-expenditure of R207 million.
  • With regard to Payment for Financial Assets, the Department spent R81.5 million against a zero budget, mainly due to write off(s) for theft and losses approved in 2018/19 financial year.



  1. Expenditure for First Quarter 2019/20


  1. The Department of Correctional Services is allocated a total of R25.4 billion for 2019/20. At the end of June 2019, total expenditure was at R5.3 billion or 20.8% of the total appropriation. This equates to an under-spending by R735 million when compared to the projected spending plan of R6 billion for the First Quarter.


  1. At the end of the First Quarter 2019/20, programme spending is as follows:


  • The Administration programme spent an amount of R1.04 billion (21.64%) against planned spending of R1.13 billion with under-spending of R95 million. The under-spending occurred mainly on compensation of employees (R188 million) due to vacant funded posts. Vacancies under this programme are at 12.3%.
  • Incarceration has spent 20.66% or R3.128 billion of the projected budget for the quarter of R3.637 billion, which resulted in under-spending of R508 million at the end of the first quarter. Amongst others, underspending was caused by funded vacant posts which is 9.5% for this programme.
  • Rehabilitation has spent 20.26% or R404.1 million of the projected spending plan R431 million. This translated to an underspending of R27 million.
  • Care spent R480 million or 19.62% of the allocated budget of R577 million (23.61%). The underspending of R98 million underspending is due to officials who are paid under Programme Incarceration but placed under Programme Care due to OSD placement. Vacancy rates for programme are at 12.22%.
  • Social Reintegration spent 22.5% or R221 million of the allocated budge, underspending by a total of R7 million for the First Quarter of 2019/20. Vacancies are at 11.62%.



  1. Performance in 2018/19


  1. Overall, the Department achieved 29 of the 38 or 79% of the planned annual performance targets, compared with 29 of 36 or 81% in 2017/18.


  1. The following indicators were not achieved during the financial year:
  • Percentage of Integrated Inmate Management System (IIMS) modules for core business processes completed.
  • No audit qualification.
  • Number of sites where IIMS is rolled out.
  • Percentage of unnatural deaths in Correctional Centers and Remand Detention Facilities per year.
  • Number of new bed spaces created through the construction of new facilities.
  • Number of new bed spaces created by upgrading of facilities annually.
  • Number of parolees and probationers reintegrated back into communities through halfway house partnerships.



  1. Programme performance for 2018/19


  1. Programme 1: Administration


  1. The purposes of this programme is to provide strategic leadership, management and sport services to the Department.


  1. The Administration programme achieved seven of eleven or 81% of planned targets for 2018/19:


Table 4: Administration -Selected performance 2018/19

Performance Indicator

Planned Target


Actual Achievement 2018/19

No audit qualifications

Zero audit qualification



Number of sites where IIMS is rolled out

20 sites rolled out on IIMS (20/461)



Percentage of Annual Performance Plan (APP) indicators for the Department automated






Percentage of Correctional facilities and PPP’s facilities inspected on the conditions and treatment of inmates.




50% (122/243)


  1. Programme 2: Incarceration


  1. The purpose of the programme is to provide safe and secure conditions of detention consistent with maintaining the human dignity of inmates. It is also responsible for the administration, profiling and consideration of offenders for releases or placement into community corrections.


  1. There are three subprogrammes for Incarceration: Security operations; Remand detention; and Offender management.


  1. Overall, the Incarceration programme achieved five of seven or 62.5% of planned targets for 2018/19:


Table 5: Incarceration - Selected performance 2018/19

Performance Indicator


Planned Target


Actual Achievement 2018/19

Percentage of unnatural deaths in correctional centres and remand detention facilities per year


(53/164 855)



(58/162 8750

Number of new bed spaces created through the construction of new facilities




Number of new bed spaces created by upgrading facilities annually



12 -C-Max

Percentage of overcrowding in correctional centres and remand detention facilities in excess of approved capacity


(46 301/118 723)



(44 303/118 572)

Percentage of Offender’s profiles submitted by the Case Management Committees (CMCs) that were considered by CSPB




(31 911/34 140)


  1. This programme was qualified due to lack of adequate evidence to substantiate approved accommodation on the overcrowding indicator. The Auditor-General also found insufficient and appropriate audit evidence to support the achievement in the number of new bed spaces created by upgrading of facilities annually (C Max: 12). There were also material adjustments in the percentage of unnatural deaths in correctional centres and remand detention facilities per year.


  1. Key challenges reported include overcrowding, staff shortages and aging infrastructure. These are identified as significant contributing factors to security incidents at correctional facilities.


  1. The Department achieved its target for assaults by intensifying management supervision of the implementation of minimum security standards, institutional orders and gang management strategy. This has led to a decrease in the number of reported cases of assaults of inmates.


  1. The National Task Team (NTT) was deployed to identified hotspots to provide searching and clean-up operations and during the process 24 attempted escapes were foiled and 164 attempted suicides were prevented.


  1. Overcrowding remains a challenge. The main contributors are growing or high levels of incarceration, insufficient accommodation and ageing infrastructure; and a high population of remand detainees.


  1. The target relating to unnatural deaths was not achieved, although the actual number of unnatural deaths has decreased to 58 from 61 in 2017/18.


  1. Programme 3: Rehabilitation


  1. Programme 3 is responsible for providing needs-based programmes and interventions to facilitate the rehabilitation of inmates and to enable their social reintegration into communities. The programme has the following subprogrammes: Correctional programmes; Offender development; and Psychological, social and spiritual services.


  1. Overall, the programme achieved all ten of the planned targets and spent 98.6% of the allocation for the year.


Table 6: Rehabilitation - Selected performance 2018/19

Performance Indicator

Planned Target 2018/19

Actual Achievement 2018/19

Percentage of sentenced offenders subjected to correctional programmes per year


(86 088/107 600)




(86 518/105 349)

Percentage of offenders participating in skills development programmes measured against the number of offenders enrolled per Financial Year

80% (Long skills)

80% (Short skills)

80% (TVET colleges)


98% (Long skills)

99.6% (Short skills)

98% (TVET colleges)

Grade 12 pass rate obtained per academic year.





Percentage of inmates who are involved in psychological services per year.





(45 331/162 875)


  1. Selected achievements include:
  • The Department successfully placed 93 419 (90%) sentenced offenders with Correctional Sentence Plans through various correctional programmes.
  • In partnership with the Department of Basic Education and Department of Higher Education and Training, the Department has rendered programmes to sentenced offenders, such as ECD, AET, FET, HE and Computer based Training. A total of 11 225 offenders attended the AET and FET programmes.
  • The Department also managed to bridge the gap between formal and informal learning through the Chance 2 Advance Programme for 540 offenders and parolees.
  • Offender participation in skills training improved from 11 163 in 2017/18 to 14 171 in 2018/19 through the involvement of external stakeholders.
  • A total of 159 259 offenders participated in spiritual services, a further 45 331 participated in psychological services and 112 611 offenders, probationers and parolees were involved in social work services.


  1. Programme 4: Care


  1. The purpose of this programme is to provide needs-base healthcare programmes and services aimed at maintaining the wellbeing of inmates. The following subprogrammes deliver Care: Health and hygiene services; and Nutritional services.


  1. Overall, the programme achieved two of three or 66.6% of planned targets and spent 100% of the adjusted budget (after a virement from the programme of (R45 887)).


Table 7: Care - Selected performance 2018/19

Performance Indicator

Planned Target


Actual Achievement 2018/19

Percentage of therapeutic diets prescribed for inmates



(10 836/162 875)

Percentage of Inmates on Anti-retroviral Therapy (ART)





TB (New pulmonary) cure rate of offenders





  1. Programme 5: Social Reintegration


  1. The Social Reintegration programme provides services focused on offender’s preparation for release, effective supervision of offenders placed under community corrections and the facilitation of their social reintegration into their communities. The programme has the following subprogrammes: Supervision; Community reintegration and Office Accommodation: Community Corrections.


  1. The programme achieved five of the six or 83% of planned targets for 2018/19 and spent 100% of the adjusted allocation (an amount of R30.12 million was shifted from the programme).


Table 8: Social Reintegration - Selected performance 2018/19

Performance Indicator

Planned Target


Actual Achievement 2018/19

Percentage of parolees without violations per year


(53 802/ 55 466)



(54 487/55 030)

Percentage of probationers without violations per year



(16 377/16 883)



(15 334/15 502)

Number of victims/offenders participating in restorative justice programmes


Number of offenders/parolees and probationers participating in restorative justice programmes

6 875








21 935





6 580

Number of parolees and probationers reintegrated back into communities through halfway house partnership










  1. Statutory mandate and mission


  1. JICS is established under section 85 of the Correctional Services Act 111 of 1998, as an independent office under the control of the Inspecting Judge and its object is to facilitate the inspection of correctional centers and to report on the treatment of inmates and conditions of incarceration.


  1. Its mission includes the prevention of human rights violation through the monitoring of mandatory reporting systems on deaths, mechanical restraints and segregations (solitary confinement) in correctional centers. It also maintains the independent complaints system for inmates. 


  1. Financial Performance 2018/19


  1. The JICS was allocated a budget of R72.3 million for the 2018/19 financial year and spent R67.5 million, under-spending by R4.9 million.


  1. Inspections, Investigations, Complaints and Mandatory Reporting


  1. The JICS conducted 122 inspections of correctional centres across the country. The areas inspected included housing units, ablution areas, plumbing, electrical supply, kitchens, and medical areas. This is an increase from 2017/18 when JICS was only able to inspect 81 correctional centres. The increased number of inspections is due to an increased budget and the restructuring of the Inspection sub-directorate. The intention is to inspect each facility at least once every two years compared to once in every three years as has been the case.


  1. South Africa has the highest prison population in Africa and the twelfth highest in the world. As of 31 March 2019, the population in correctional facilities stood at 162 875 inmates with an approved capacity of 118 572. This means that the facilities were over-populated by 44 303 inmates. The Western Cape has the most overcrowded facilities - Pollsmoor Medium B has over 200% overcrowding. In contrast, of the 18 facilities inspected in Kwazulu-Natal, five facilities were found to be under capacity.


  1. A total of 38 (or 31%) of the 122 facilities inspected were unsatisfactory.


  1. A total of 2 730 inmates were identified as being diagnosed with one or other form of mental illness. The majority of these inmates are treated at the prison and kept with the general population. Those considered not mentally stable are housed in the relevant Centre’s medical facility. The situation regarding State patients remains the same as reported in the 2017/18 Annual Report. A total of 90 declared state patients were identified during the 122 inspections. A large number of State patients (40) are kept at Kgoshi Mampuru II Local Correctional Centre in Gauteng.


  1. Inspections of nutrition evaluated hygiene, facilities, the functionality of equipment, meal plans, including special diets, and periods for serving meals. Some kitchens inspected in both private facilities and the new generation facilities were found to be of a good standard. In other areas, the kitchens were found to be in a dire state and operate without compliance certificates from the Department of Health. Pollsmoor Medium B was an example of such a facility. The Heidelberg Correctional Centre was able to produce a compliance certificate upon request. The JICS found that, in most instances, kitchens were acceptably clean and all kitchens inspected provided special medical and cultural diets to qualifying inmates.


  1. The JICS found challenges with regard to visitation that are related to the infrastructure of mostly older and smaller facilities, which lack proper visiting areas. In some cases, inmates received visits in open courtyards or in gardens. This was identified as problematic, especially during inclement weather. Another major challenge, found especially in rural facilities, was the lack of accessibility to public transport to centres.


  1. For the year under review, a total of 33 investigations were conducted (compared with 22 in 2017/18). The majority related to homicide (10), followed by suicide (9) and assaults (6). Other investigations related to complaints about sexual assaults of inmates by another inmate, corruption, discrimination and inhumane treatment by officials.


  1. The JICS recorded a total of 720 complaints in 2018/19 (compared with 988 in 2017/18). These complaints ranged from assaults by officials (155), transfers (149), parole (52), appeal (33), health care (36), reclassification (26), and rehabilitation programmes (13).


  1. The JICS indicates that the number of unnatural deaths in correctional centres has increased from 82 (in 2017/18) to 103 (in 2018/19), as follows: Western Cape: 21 (18 in 2017/18); KwaZulu-Natal: 15 (9 in 2017/18); Limpopo/Mpumalanga/Northwest: 20 (10 in 2017/18); and Gauteng: 34 (24 in 2017/18). There were only two regions that recorded a decrease in the number of unnatural deaths, namely Free State/Northern Cape: 10 (13 in 2017/18) and the Eastern Cape: 3 (6 in 2017/18).


  1. The JICS recorded that the majority of deaths were classified as ‘unnatural other’ (67), followed by suicide (28) and assault (6) related to inmate on inmate violence. In the case of suicides, the majority (20) were committed by hanging in the Gauteng and Kwazulu-Natal regions. The Gauteng region had the highest number of unnatural deaths (34) followed by the Western Cape (21) and the Free State and Northern Cape recorded the remaining deaths (20).


  1. For the 2018/19 financial year, the JICS recorded seven (7) cases of homicide. Only one case, of the seven, was as a result of officials on inmate violence.


  1. The JICS recorded 384 natural deaths for 2018/19, which is fewer that the 487 recorded in 2017/18. The Report further shows that the region with the highest number of natural deaths is Gauteng Province region with 96, followed by KwaZulu-Natal with 66 and Limpopo/Mpumalanga region with 64. The Western Cape region reported the lowest number of natural deaths with 45.


  1. Section 30(7) of the Correctional Services Act, 1998 provides that inmates who has been segregated may refer the matter to the Inspecting Judge, who must decide thereon within 72 hours. The JICS found that that there seems to be a significant under-reporting by the Department on segregation. (The Department has historically reported on about 10 000 segregations each year but, in 2018/19, only 1 005 cases of segregation were reported to the JICS.


  1. The JICS received 25 reports of the use of mechanical restraints from Heads of Centres compared to 94 (in 2017/18).


  1. The JICS highlighted a sharp decrease in reported cases related to the use of force from 994 (in 2017/18) to 232 (in 2018/19). The Correctional Services Act, 111 of 1998 allows officials to use force when it is for self-defence, the defence of another person, preventing an inmate from escaping or for the protection of property.


  1. Community and Stakeholder Engagement


  1. For 2018/19, the JICS had 39 fully functional Visitor Committees (VC).


  1. The JICS also reported on public awareness and advocacy initiatives for the year under review, hosting and engaging in a total of five events in 2018/19.





  1. Department of Correctional Services


  1. Despite achieving 76% of its targets, the Committee believes that the Department can do considerably better. The Committee notes the high vacancy rate among the highly skilled supervision and senior management salary bands, which is at 12.8 and 20% respectively. If one looks at vacancies at programme level, it is only Incarceration that has a vacancy rate that is below the DPSA target of 10%. The reason provided for the vacancies is that the advertising and filling of posts had to be reprioritized as a result of cost containment measures. The Committee is not satisfied. Vacancies, particularly among senior managers, can contribute to an environment in which internal controls are deficient (as highlighted by the Auditor-General). Further, vacancies among staff in the supply chain and financial management environment, has been identified previously as contributing factor to the ongoing challenges that the Department has in procurement. The Committee understands the many challenges that appear to exist surrounding appointments, especially in the senior management band, and, therefore, urges the Minister and the accounting officer to intervene in ensuring that key funded and vacant SMS positions are filled immediately in order to improve and capacitate the internal audit and control environment. Furthermore, the Committee requests the Department provide it with its recruitment plan with timeframes for senior management and critical posts, including in supply chain and financial management by 22 November 2019, and be prepared to report on this item quarterly.


  1. It seems to the Committee that there continues to be a misalignment between the achievement of service delivery targets and financial expenditure, which stood at 99.7% of the total budget allocation in the year under review. Furthermore, if one takes into account that amounts totaling R118 million was shifted from the Department’s other programmes to Incarcerations during the year, it is clear that the Department’s focus was on Incarcerations, which achieved only 62% of its targets for the year. The ability to shift funds from other programmes to Incarcerations indicates a concerning lack of spending in-year for those programmes, as well as a lack of planning. The Committee will carefully monitor spending compared with the projected budget on a quarterly basis, as well as virements between programmes, going forward.


  1. The Committee notes the Department’s poor audit outcome. In fact, the Department has not improved on its audit outcomes and has, in fact, deteriorated. The Committee further notes that financial statements and performance reports submitted to the AGSA for audits continue to require material adjustments. The Committee is concerned that the drivers of internal controls remain such as leadership, financial performance management and governance remain weak. The Committee requires the Department to provide it with details of its plan to address the poor audit outcome by 22 November 2019 and to submit quarterly reports on the implementation of the audit action plan going forward.


  1. The Committee notes with concern that the Department has irregular expenditure in excess of R3 billion. The Committee notes also that some of the root causes of undesirable audit outcomes have been the slow response to improving key controls and addressing risk areas identified by the Auditor-General and, inadequate consequences for poor performance and transgressions of laws and regulations by Management (accounting officers and senior management). The Committee urges the Minister to improve his executive oversight over the Department. The Committee also expects to receive quarterly reports on the progress of SCM-related investigations that were referred by the Auditor-General.


  1. The Committee requests that the Department report on what it intends doing to address the issue of reliability of performance information raised by the Auditor-General in programme: Incarceration. The same issue was raised in the Annual Report of the previous financial year. The Committee requests that the Department’s plan in this regard is included when the Department provides the Committee with details of its audit action plan.


  1. The Department seems to be struggling to maintain discipline and professionalism within its ranks. The Department reported 1 271 cases of absence or repeated absence from work without valid reason. Furthermore, 586 employees were charged for dereliction of duty and a further 329 who were charged with breaching of security measures. This is very concerning; especially given that this is a security environment.


  1. The Committee notes the key persistent service delivery targets that the Department has had challenges in managing adequately. These are the rate of overcrowding which was at 37% (compared with 38% in 2017/18 and 35% in 2016/17); the failure to create new bed spaces over consecutive years; and the number of unnatural deaths over the years. The Committee believes that the challenges highlighted here reflect the unacceptable conditions of incarceration in the country’s correctional and remand facilities.


  1. Over and above these issues, the JICS has highlighted the issue of the large number of mentally ill inmates—some of whom (State patients) are not even supposed to be in correctional facilities. The Committee notes this with concern and believes that a solution should be found to keep mentally ill patients in mental institutions and, in the meantime, to train a sufficient number of its officials on how to manage mentally ill inmates.


  1. Although the Department cannot control the number of persons sentenced or remanded in custody, it has some measure of control over the speedy delivery of infrastructural projects, the handling of maintenance work, the application of the bail protocol at centre level, the implementation of section 49G of the Correctional Services Act, the use of EMS, and proactively ensuring the spread of the inmate across its centres. The Committee continues to encourage the Department to implement all the tools available to it to down-manage the inmate population and to work closely with its sister departments within the criminal justice cluster.


  1. The management of awaiting trial detainees also contributes to overcrowding in correctional centres. The Department should consider reviewing policy on the incarceration of awaiting trial detainees.


  1. The Committee was informed that the physical design and construction of the buildings also contribute to overcrowding. As a result, the Department had planned to create additional bed spaces through the upgrading and construction new facilities. The Committee notes with disappointment that the Department failed dismally to meet its target on the creation of additional bed spaces: no additional bed spaces were created despite its capital works budget. Although the Committee welcomes the Department’s plan to create additional bed spaces, it is of the view that the creation of additional bed spaces is a short term solution. More focus should be placed on crime prevention, reduced used of incarceration and the use of alternative sentencing methods. This would require an overhaul of the current practices and a degree of unparalleled collaboration and co-operation between roleplaying departments within the JCPS Cluster.


  1. The Committee commends the Department for the educational and training programmes it rendered during the year under review.  However, the Committee notes that former inmates remain excluded from job opportunities due to their criminal records. The Committee requests that the Ministry prioritise the matter of expungements in its legislative programme. Furthermore, a great deal of work needs to be done to ensure that skills training and recruitment is linked to job placement.


  1. Rehabilitation is a key mandate, yet the programme received only 7% of the annual budget. There is a need for greater commitment to the rehabilitation of offenders and this should be reflected in budgeting.


  1. The Department reported a number of natural deaths that occurred in correctional centres. However, the figures provided by the Department differ substantially to those provided by JICS. (JICS reported a total of 103 unnatural deaths as opposed to 58 recorded by the Department). There is a need for greater cooperation and information sharing between the Department and JICS and the apparent adversarial relationship between the Department and JICS is not helping the situation.



  1. Judicial Inspectorate for Correctional Services


  1. The Committee notes and commends JICS on its annual performance. The Committee notes that despite limited resources and budget, JICS managed to meet its targets on inspections and other statutory obligations in relation to inspections, investigations and complaints.


  1. The Committee is pleased that JICS has been able to reduce its underspending from 26% to in 2017/18 to 6.7% in 2018/19. Although there is a decrease in the amount of underspending as compared to the previous year, reasons for this underspending were not clear. The Committee request that JICS devise a strategy on how to ensure that underspending should not continue.


  1. The Committee commends the Inspectorate for its efforts in ensuring that there is no unauthorised, irregular, or fruitless and/or wasteful expenditure incurred during the 2018/19 financial year. In addition, the Committee also notes the increase in the number of Inspections from 81 per annum to 122 under the year review.


  1.  The Committee notes the challenge experienced by JICS with respect to mandatory reporting as a result of the neglect of the management information system and lack of enthusiasm by the Department to submit manual mandatory reports. The Committee urges the Minister to intervene to ensure that JICS is able to perform its statutory functions.


  1. The Committee notes the dysfunctional mandatory reporting system whereby DCS officials neglected to comply fully with sections 15, 30, 31 and 32 of the Act, requiring that the Office of the Inspecting Judge be informed of the occurrence of any incidents of death, segregation, mechanical restraints, and the use of force. This causes frustrations in the work conducted by the JICS.


  1. The Committee notes the shortages of finance and SCM personnel that causes delays in terms of service delivery to internal and external clients. The Committee will engage with the National Commissioner: Correctional Services to resolve the issue of filling of vacancies as a matter of urgency especially in top management.


  1. The matter of JICS’ dependence on the Department of Correctional Services remains a matter of concern. The Committee notes that the newly revised Business Operational Model was submitted to the Ministry. The Committee will track progress in this regard.


  1.  The Committee is notes that the JICS does not meet the employment equity standards in top management. The Committee requests that the JICS address this going forward and will be monitoring progress quarterly.



  1. Appreciation


  1. The Committee wishes to thank the Deputy Minister, National Commissioner and the staff of the Department of Correctional Services for their assistance in this process.


  1. The Committee also wishes to thank the Inspecting Judge and the staff of the Judicial Inspectorate for Correctional Centres for their co-operation in this process.


  1. Lastly, the Committee wishes to thank the Auditor-General South Africa for its assistance in this process


Report to be considered.