Questions & Replies: Correctional Services
2011-03-10
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QUESTION NO: 2510
Mr D J Stubbe (DA) to ask the Minister of Correctional Services:
Whether (a) her department and (b) entities reporting to it have (i) awarded any tenders and (ii) concluded any (aa) contracts and (bb) financial transactions with certain companies (names and details furnished) in each specified financial year since 2005-06; if so, (aaa) which company or entity, (bbb) what are the relevant details, (ccc) what was the value of each (aaaa) tender, (bbbb) contract or (cccc) financial transaction and (ddd) what was the name of the companies who failed for each tender, contract or financial transaction that was awarded?
NW2929E
REPLY
No
QUESTION NO: 2325
Mr I M Ollis (DA) to ask the Minister of Correctional Services:
(1) Whether (a) her department and (b) any entity reporting to her was approached by a certain political organisation (name furnished) to contribute to its centenary celebrations; if so, in each case, (i) which entities and (ii) what was the (aa) nature and (bb) value of the contribution that was requested;
(2) whether (a) her department and (b) any entity reporting to her has a policy that provide for such funding; if so,
(3) whether (a) her department and (b) any specified entity reporting to her has (i) agreed to the request or (ii) made financial contributions to the said political organisation in the absence of such an approach for funding; if not, why not, in each case; if so, in each case, (aa) who approved the request, (bb) on what grounds was the decision made, (cc) from which budget was it (aaa) agreed to pay the contribution or (bbb) paid, (dd) what amount was paid, (ee) who made the decision to provide the specified funds to the said political organisation and (ff) how is this (aaa) decision and (bbb) amount justified?
NW2701E
REPLY
(1), (2) and (3)
NO
QUESTION NO: 2220
Ms L D Mazibuko (DA) to ask the Minister of Correctional Services:
(1) Whether (a) she, (b) her deputy minister, (c) any specified officials and (d) any other persons have been issued with a government or official credit card during the period 1 April 2010 up to the latest specified date for which information is available; if so, what are the relevant details for her, her deputy minister and each holder of a credit card in respect of the (i) name, (ii) job title, (iii) credit limit, (iv) outstanding amount as at the latest specified date for which information is available, (v) monthly expenses incurred for each month since receiving the credit card, (vi) reason for such persons being issued with a credit card and (vii) uses that such a credit card is intended for;
(2) whether any such credit cards are over their credit limit; if so, (a) whose credit cards are over the limit and (b) what is the reason for the credit cards exceeding the limit;
(3) whether any action has been taken against such persons for exceeding their credit card limits; if not, why not; if so, what are the relevant details?
NW2595E
REPLY
(1), (2) and (3)
According to the Ministerial Handbook; clause G; all Ministers, Deputy Ministers and Heads of Departments qualify to obtain the corporate credit card in their individual names with the authorisation of the relevant accounting officer. This is done in concurrence with clear instructions on the limits. However; the department has issued these credit cards for purposes of efficiency in official meetings outside the office with both internal and external stakeholders, transport, accommodation and subsistence.
|
| Minister | Deputy Minister | National Commissioner |
| Credit Limit per annum | R100 000-00 | R100 000-00 | R100 000-00 |
| Usage | |||
| 2009/ 2010 financial year (from July 2009) | R29 007-74 | ||
| 2010/ 2011 financial year | R39 540-32 | R6 702-00 (from January 2011) | R25 192 -05 (from August 2010) |
At the end of both financial years there were no outstanding balances.
QUESTION NO: 2083
Mr J Selfe (DA) to ask Minister of Correctional Services;
Whether, with reference to her statement in her speech on her department's Budget Vote, she has made any progress in negotiating any prisoner transfer agreements with other countries; if so, what are the relevant details; if not, what (a) impediments are preventing the negotiation of such agreements and (b) action is she taking to overcome the specified impediments?
NW2356E
REPLY
.
A draft Protocol for Inter-state Transfer of Sentenced Offenders has been developed and tabled for consideration by Member States of the SADC Corrections/Prisons Sub Committee of the Public Security Committee. The Committee has since referred the draft Protocol to Member States for perusal and comments. It is envisaged that the Protocol will be finalised shortly.
Since the majority of foreign nationals serving sentences within South African Correctional Centres are from neighbouring countries within the SADC region, the logical starting point for bi-lateral and multi-lateral prisoner transfer agreements will be with countries within the region.
South Africa has however never adopted a formal policy on prisoner transfer agreements. Before any agreements can be considered such a policy must be adopted. The Departments of International Relations and Cooperation, Police, Home Affairs, Justice and Correctional Services are in the process of drafting a policy on prisoner transfer agreements for presentation to Cabinet.
QUESTION NO: 1837
Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:
(1) (a) How many life-term offenders were released on parole in each year from 1987 to 1994 and (b) what (i) portion of their sentence had they served and (ii) parole period did they still have to serve after release;
(2) whether she will make a statement on the matter?
NW2071E
REPLY
There was no parole system for the period mentioned.
QUESTION NO: 1802
Mr J Selfe (DA) to ask the Minister of Correctional Services:
Whether offenders who are at risk of (a) sexual violence and (b) exploitation are (i) identified and (ii) separated on admission to correctional centres; if not, why not, in each case; if so, what are the relevant details in each case?
NW2035E
REPLY
Yes; such inmates are identified on admission and detained separately. In circumstances that necessitates interaction with other inmates; in times such as during meals, bathing sports etc; direct supervision and control is ensured.
QUESTION NO:1528
Mr M H Steele (DA) to ask the Minister of Correctional Services:
(1) Whether her department has ascertained if any former employees are currently employed at the shortlisted bidder companies for the new public-private partnership (PPP) prisons contract (names furnished); if not, why not; if so, what are the details of (a) their current employment and (b) ownership of shares in each case;
(2) whether any employee of her department who had been involved in negotiating the terms of the said PPP prisons contract has left her department in the past 12 months without concluding a restraint of trade agreement; if so, (a) why was such an agreement not concluded and (b) what are the relevant details?
NW1693E
REPLY
(1) and (2)
The details as requested are not available because the bid evaluation process has not started and contract has not been negotiated.
QUESTION NO:1460
Adv L H Max (DA) to ask the Minister of Correctional Services:
(a) On how many occasions since 1 March 2010 did her office hire a vehicle to transport (i) her and (ii) her Deputy Minister and (b) in each case, (i) what was the cost of hiring the vehicle, (ii) for what reason was the vehicle hired, (iii) for how many days, (iv) what (aa) make and (bb) model of vehicle was hired and (v) what total distance was travelled?
NW1627E
REPLY
The Ministerial Handbook prescribes that "Members at a national level may be provided with one vehicle for use in Cape Town and one vehicle for use in Pretoria". It further provides for "Use of Incidental Vehicles for official purposes away from respected seats of office". Members are allowed to make use of incidental or rented vehicles when on official duty. The rented vehicles should be vehicles befitting for Ministerial use and in these instances the vehicles hired have been various makes and models.
In such cases the Handbook allows the cost of incidental / rented vehicles for official use to be borne by the relevant department.
The hired vehicles are used on official duty by Minister and Deputy Minister for direct interaction with communities and stakeholders outside Gauteng and Cape Town as a critical part of public participation programmes. The vehicles enable them to fulfill their duties and meet their ever demanding schedules.
Details are as follows as of 01 March 2010;
| Number vehicles | Total cost | |
| MINISTER | 34 | R434 373-29 |
| FORMER DEPUTY MINISTER | 7 | R42 505-25 |
| PRESENT DEPUTY MINISTER | 6 | R33 355-00 |
| TOTAL | 47 | R510 233-54 |
QUESTION NO: 1249
Mr J Selfe (DA) to ask the Minister of Correctional Services:-
1) Whether, with reference to her reply to question 1189 on 13 May 2010, the new correctional centre at van Rhynsdorp has been completed; if not, (a) what is the cause of the delay and (b) when is it envisaged to be completed; if so, when (i) was it completed and (ii) will it be commissioned;
2) Whether the contractors are paying a penalty for non-completion; if not, why not; if so, how much does the contractor pay each month?
NW1393E
REPLY
1) The centre has not been completed.
(a) The delay is due to the following reasons;
- Weather inclement
- Shortage of building material (the centre is in the remote area which resulted in the delay to deliver material
- Shortage of skilled labour
- Re-modification of the offender pedestrian street for purposes of heritage preservation as imposed by heritage authorities
- Discovered on site underground services after construction had started
- Poor workmanship by the contractor which had to be rebuilt
(b) The project is envisaged to be completed on 01 December 2011 and commissioned 01 May 2012.
2) The company is employed by the Department of Public Works which has a right to take action against contractors.
QUESTION NO: 1248
Mr J Selfe (DA) to ask the Minister of Correctional Services:
With reference to her reply to question 2617 on 8 October 2010, (a) how many foreign nationals are currently incarcerated in corrections centres as (i) sentenced offenders, (ii) remand detainees and (iii) detainees awaiting deportation and (b) what is the breakdown of these foreign nationals in terms of country of origin?
NW1392E
REPLY
(a). and (b) are attached
QUESTION NO:1078
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether she has found that her department has been successful in recording a higher rate of parole eligibility and successful discharges since the introduction of the Offender Rehabilitation Plan in 2009; if not, why not; if so, what are the relevant details?
NW1198E
REPLY
Yes. Recommendations from Case Management Committees have shown improvement as it reflects on the table underneath;
| Financial Year | Total number of offenders | Number of offenders considered for parole | Percentage of eligibility | Number of offenders approved for parole | Percentage difference |
| 2008/ 09 | 114 760 | 47 362 | 41.27% | 22 252 | 19.39% |
| 2009/ 10 | 115 290 | 57 290 | 49.69% | 24 960 | 21.61% |
QUESTION NO: 1054
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether she has been informed of any incidents in which the master keys of a prison have been reported missing due to (a) negligence or (b) theft; if so, (i) how many such incidents have occurred and (ii) what (aa) are the names of the prisons where these incidents occurred and (bb) has been done to ensure that there are no further incidents of this nature;
(2) Whether, in respect of each instance where such keys have gone missing, there has been a resulting incident with regard to attempted escapes; if not, what is the position in this regard; if so, what are the relevant details in each case?
NW1172E
REPLY
(1) (a)(b)(i)(ii) and (bb) and (2)
No incidents occurred where any master keys of any Correctional Centre have been reported missing during the period 01st January 2010 and 22 March 2011.
However; on 03rd August 2010 there was an incident of inmate riot and arson in the New Kimberley Correctional Centre during which it was found that the override keys to one of the units were missing. The investigation into the incident found that the keys were misplaced due to a lack of proper procedures for key control at the Correctional Centre. Proper procedures have now been implemented.
There was also a recent escape incident that occurred at Mthatha Correctional Centre on 20 March 2011 where seven (7) inmates managed to overpower correctional officials. In this instance, only the section keys were taken from the correctional officials by the inmates to unlock cells of other inmates. The section keys were left behind by the inmates and were recovered by officials after the escape took place. The investigation into the incident is still in progress.
QUESTION 890
890. Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether her department has made provision to increase the number of qualified Case Management Committee officials responsible for (a) safe custody and (b) escorting offenders to external hospitals and courts; if not, why not; if so, what are the relevant details? NW947E
The Minister of Correctional Services:
No. Members of Case Management Committees are not mandated to be directly involved with the safe custody of offenders to external hospitals and courts. In an emergency these members are utilized to assist in escorting offenders to external hospitals and courts.
However; the department is considering to ensure that Case Management Committees are effective through the establishment of Enterprise Project Management Officer in the Commissioner's Office as of February 2011.
QUESTION NO:889
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether her department had utilised budgeted funds during the period 1 April 2010 up to the latest specified date for which information is available for the advanced training of Correctional Assessment Officials to improve correctional sentence plans; if not, why not; if so, what are the relevant details?
NW946E
REPLY
Yes. The department has utilized an amount of R228 231-00 in training 1050 officials on 18 sessions in all 6 Regions.
QUESTION NO:888
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether her department has taken any steps to limit or entirely eliminate the identified risks associated with (a) an uncoordinated waste management system and (b) the lack of training for officials in this specific area in all its facilities nationwide; if not, why not; if so, what are the relevant details?
NW945E
REPLY
(a) And (b)
Yes. Regions have entered into contracts with service providers who are responsible for the collection and disposal of waste in particular medical waste. Animal waste and carcass are burnt by use of incinerator; plant waste is used as composed for agricultural purposes. Steel, wood and textile is sold on tender through logistical procedures.
Medical staff is trained internally as part of infection control. Normal waste is managed by the Department of Public Works and Municipalities.
QUESTION NO: 811
Adv L H Max (DA) to ask the Minister of Correctional Services:
Whether (a) her department or (b) any of its affiliated entities have purchased any tickets for the ICC Cricket World Cup 2011; if not, why not; if so, (i) what process has been followed to purchase these tickets, (ii) how many tickets have been purchased, (iii) for which matches, (iv) what has been the total cost of these tickets, (v) what are the reasons for purchasing these tickets, (vi) to whom will each of these tickets be allocated and (vii) on what was the decision for the allocation of these tickets based?
NW883E
REPLY
NO
QUESTION 802
802. Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether new chairpersons and deputy chairpersons have been appointed after the terms of office of any chairpersons and deputy chairpersons of correctional supervision and parole boards (CSPBs) had expired; if not, (a) why not, (b) for which CSPBs were new chairpersons and deputy chairpersons not appointed and (c) when did their terms of office expire in each case; if so, what are the relevant details;
(2) whether the terms of office of any chairpersons and deputy chairpersons of correctional supervision and parole boards (CSPBs) have been extended on an ad hoc basis; if not, what is the position in this regard; if so, in each case, (a) on what grounds, (b) for what period and (c) in terms of which legal provisions were the contracts extended;
(3) by when does she anticipate these specified positions will be filled by persons who have been appointed for full terms of office? NW873E
REPLY
The Chairpersons and Deputy Chairpersons of the Correctional Services Boards (CSPBs) have been appointed nationally.
QUESTION NO: 783
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) (a) What progress has been made in the implementation of a system of electronic tagging devices for (i) probationers and (ii) parolees and (b) when does she envisage the implementation of such a system;
(2) whether an assessment has been done to determine the impact such a system would have on overcrowding in correctional centres and remedial facilities; if not, why not; if so, (a) when was this assessment done and (b) what is the estimated (i) reduction in the daily population of correctional centres and remedial facilities and (ii) saving in the operational costs of her department?
NW854E
REPLY
(1) and (2)
A departmental task team has been established to conduct a feasibility study on the usage and costing of the electronic tagging devices to explore how the system can be utilised effectively in monitoring probationers and parolees.
QUESTION NO: 778
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether her department placed advertisements in various media regarding proposed name changes to certain correctional centres and management areas; if so, (a) in which media, (b) on what date(s), (c) at what cost and (d) with what purpose;
(2) whether her department intends changing the names of certain correctional centres and management areas; if so, (a) which facilities are being considered, (b) what is the reason for considering name changes, (c) what process will be followed to elicit the views of the public in this regard and (d) at what cost;
(3) whether her department has estimated the cost of effecting these proposed name changes as far as (a) signage, (b) branding, (c) directional indications and (d) maps are concerned; if not, why not; if so, what will the cost be for each aspect?
NW847E
REPLY
(1) Yes. (a), (b) and (c)
| Kind of media | Dates | Cost |
| City Press Rapport The New Age The Star Daily Dispatch Mercury Cape Times Diamonds Fields Sowetan Beeld Sunday Times Daily Sun | 23 – 26 January 2011 06 March 2011 | R1 362 242-60 |
| 15 SABC Radio Stations | 04 – 25 March 2011 | R1 527 134-00 |
| TOTAL COSTS | R2 889 376-60 |
(d) The purpose of popularizing the process and encouraging the public to participate.
(2) The department is presently working towards renaming only Correctional Centres.
(a) The following are considered;
| Region | Names of Centres |
| Gauteng | Johannesburg Leeuwkop Pretoria |
| KwaZulu Natal | Durban-Westville Pietermaritzburg |
| Eastern Cape | St Albans East London |
| Limpopo-Mpumalanga-North West | Barberton Modimolle |
| Western Cape | Pollsmoor |
| Free State–Northern Cape | Kroonstad |
(b) The reason is to accelerate transformation for the department to contribute to broader social cohesion symbolic reparations and reconciliation in the country. This process will also assist in fully acknowledging historical and cultural heritage in an equitable manner such that we promote reconnection between public and the facilities; ownership and participation at every node of delivery of Correctional Services department.
(c) Through public hearings in all identified Regions as well as written submissions.
(d) As mentioned at (1)(c)
(3) (a)(b)(c) and (d)
All will be covered as part of the normal operating costs. These will be done by inmates and officials through use of Correctional Services workshops.
QUESTION NO: 765
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether her department's competitive bidding procurement processes relied on three price quotations provided for in regulation and in terms of the Public Finance Management Act, Act 1 of 1999 (details furnished); if not, why not; if so, what are the relevant details?
NW814E
REPLY
Yes; the department's competitive bidding procurement processes is done in compliance with the requirements of Public Finance Management Act; Act 1 of 1999 and Treasury Regulation issued in March 2005 with special reference to Chapters 16 and 16A and also in accordance with National Treasury Practice Note no:8 of 2007/ 2008 on threshold values for the procurement of goods, work and services by means of petty cash, verbal/ written price quotations or competitive bids aligned to departmental delegated powers on procurement.
QUESTION NO: 763
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether her department has instituted improved systems in overall financial management and monitoring in line with the suggestions highlighted in the Auditor-General's Report on National Outcomes 2009-10 (details furnished); if not, why not; if so, what are the relevant details?
NW812E
REPLY
Yes; the department has initiated processes to improve the systems in overall financial management and control in respect of suggestions highlighted in the Auditor-General's Report on National Outcomes 2009/10.
The following actions are performed:
· Monthly and interim financial statements are prepared to increase monitoring and evaluation practices within the Department.
· Appropriation Statements have also been prepared on a monthly basis in order to improve financial management
· Monthly meetings between Department of Correctional Servics and National Treasury (Office of the Accountant-General) take place to assess progress on audit qualification.
· Monthly asset spot-checks and monitoring visits (including officials from Office of Auditor General) are taking place
· 496 interns have been appointed and deployed to all management areas to assist with asset verification
· Monthly asset reconciliations to the asset register are being performed
· Asset management information sessions to increase awareness have been scheduled and attended by the relevant officials
QUESTION 755
755. Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:†
(1) Whether a process is currently under way to replace the water-heating systems in prisons with electric geysers; if so, what are the cost implications in respect of each specified prison;
(2) whether the change-over will effect any savings; if not, (a) what is the reason for the change-over and (b) what will the increased electricity consumption of each specified prison be as a result of the change-over; if so, what savings in respect of each specified prison;
(3) whether she will make a statement on the matter? NW770E
REPLY
(1) And (2)
There are no plans to replace water-heating systems.
(3) No
QUESTION NO:599
Mr A M Figlan (DA) to ask the Minister of Correctional Services:
(1) (a) Which travel agencies or travel service providers does her department use currently and (b)(i) how and (ii) when were they appointed in each case;
(2) what was the (a) budgeted amount and (b) actual amount paid to each specified service provider for departmental travel expenditure in the (i) 2007-08, (ii) 2008-09 and (iii) 2009-10 financial years?
NW642E
REPLY
(1) (a), (b)(i) and (ii)
BCD Travel (formerly Connex Travel Agency). It was appointed through tender process on the 01st May 2008.
(2) (a); (b) (i), (ii) and (iii)
| Financial year | Budgeted amount | Actual amount paid |
| 2007/ 08 | R85 572 697-00 | R0.00 |
| 2008/ 09 | R99 372 757-00 | R45 707 281-23 |
| 2009/ 10 | R60 978 099-00 | R57 922 771-77 |
QUESTION NO:590
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether the Overcrowding Task Team, established on 1 February 2010 to audit the affairs of her department, has (a) completed its assignment and (b) furnished a report; if not, why not; if so, what are the (i) findings of the report and (ii) further relevant details?
NW630E
REPLY
A Ministerial Task Team was appointed on 01 February 2010 to conduct an audit of certain categories of inmates. The report has been presented to the Minister by the Task Team. The report is currently being presented to the structures within the JCPS Cluster after which it will be presented to Parliament.
QUESTION NO:589
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether contract and performance measures related to procurement as requested in the Auditor-General's National Report 2010 (a) have been implemented and (b) are being followed; if not, why not, in each case; if so, what are the relevant details in each case?
NW629E
REPLY
Yes; procedures and processes have been put in place to harmonise the IT/ SITA procurement activities within the departmental procurement processes. Chapter 16 of the Procurement Procedure Manual has been developed to address the shortcomings identified.
Question 588
588. Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether she has taken any action against a certain company (name furnished) for raising its price from R192 756 473.64 to R275 065 024.89 at the last count; if not, why not; if so, what are the relevant details? NW628E
REPLY
No. The Department of Correctional Services does not have contractual agreement with the company, it is with the Department of Public Works.
QUESTION NO:503
Mr J Selfe (DA) to ask the Minister of Correctional Services:
How many inmates, for the past three years for which information is available, (a)(i) applied for and (ii) were granted medical parole in terms of section 79 of the Correctional Services Act, Act 111 of 1998 and (b) whose application was denied subsequently passed away?
NW549E
REPLY
(a) (i) and (ii)
|
Year | (a)(i). Applied for medical parole | (a)(ii). Granted medical parole |
| 2008 | 68 | 61 |
| 2009 | 169 | 109 |
| 2010 | 119 | 29 |
(b) A total number of 24 offenders were not granted medical parole during the above-mentioned 3 years died whilst incarcerated.
QUESTION NO:491
Adv L H Max (DA) to ask the Minister of Correctional Services:
Whether (a) her department or (b) any (i) agency or (ii) institution which receives transfers from her departmental budget employs staff to perform the duties set out in the Minimum Information and Security Standards (MISS) that were adopted by Cabinet on 4 December 1996 or any subsequent version of the MISS; if not, why not, in each case; if so, in each case, (aa) how many and (bb) what (aaa) is the job title, (bbb) is the employment level, (ccc) are the academic qualifications, (ddd) is the salary and (eee) are the other benefits of each specified staff member?
REPLY
No. All employees of government and related agencies or institutions are subject to the guidelines and prescriptions contained in the Minimum Information Security Standards (MISS).
QUESTION NO:439
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether any (a) interested and (b) affected parties have made submissions to President Zuma regarding Presidential Pardons for convicted felons; if not, why not; if so, (i) how many submissions were made to the President and (ii) what (aa) are the details of these submissions and (bb) was the President's response to these submissions;
(2) whether any convicted felons will be receiving these pardons; if not, why not; if so, (a) how many felons will receive pardon, (b) what is the nature of crimes committed by the convicted felons receiving pardons and (c) when will they receive these pardons?
NW469E
REPLY
The question must be asked to the Department of Justice and Constitutional Development
QUESTION NO:435
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether any security weaknesses were discovered in any correctional centres as a result of Operation Vala, which commenced on 29 October 2010; if not, what is the position in this regard; if so, what are the relevant details;
(2) (a) what was the cost of Operation Vala and (b) how were these costs calculated?
NW464E
REPLY
(1) The focus of Operation Vala which commenced on 29 November 2010 for until 17 January 2011 was to ensure that the following principles were adhered to;
- identification of high risk awaiting trial detainees and that they are incarcerated in suitable facilities
- contingency plans around security operations were in place
- conduct announced and unannounced day and night visits to the institutions by senior officials
- increase and intensify visitor searches at exit and entry points
- minimisation of movement of high risk inmates
- movement of offenders out of Correctional Centres be limited to only essential services
- irregular and special searching actions are conducted
The programme has been successful over the past six (6) years; as the numbers of security incidents were drastically reduced.
An aspect of concern for the department was that despite continuous measures to stop the influx of unauthorised articles into centres; many such items were still obtained in a number centres during random search operations conducted during Operation Vala period. This aspect is receiving continued attention in the strategies of the department to ensure safe correctional environment.
(2) (a) and (b)
No isolated costs were allocated for Operation Vala programme as it is the integral part of the normal security operations of the department.
QUESTION NO: 413
413. Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether a certain person (name furnished), who was cleared of any wrongdoing, will be permitted to resume his duties without any further opposition or restrictions; if not, why not; if so, (a) when and (b) how will this happen? NW448E
REPLY
The legal process has not been finalised. A disciplinary enquiry has commenced and chaired by an objective Senior Counsel from the Johannesburg Bar Council. The matter was postponed and as such it is still sub-judice. The process must be allowed to run its full course without any interference.
QUESTION NO: 412
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether any complaints have been lodged against any officials in her department for conducting themselves in a discourteous, undignified and unprofessional manner by using foul and abusive language; if not, what is the position in this regard; if so, what are the relevant details?
NW447E
REPLY
No
QUESTION NO: 362
Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:
(1) How many prisoners are currently (a) being held in detention for (i) murder, (ii) attempted murder, (iii) rape, (iv) robbery, (v) robbery with extenuating circumstances, (vi) housebreaking and (vii) attempted rape and (b) awaiting trial;
(2) whether she will make a statement on the matter?
NW390E
REPLY
(1) (a) and (b)
| CRIME CATEGORY | SENTENCED OFFENDERS | AWAITING TRIAL DETAINEES |
| Murder | 22 183 | 5 465 |
| Attempted murder | 4 778 | 1 412 |
| Rape | 14 840 | 6 271 |
| Robbery | 15 567 | 5 673 |
| Robbery with extenuating circumstances | 6 850 | 6 644 |
| Housebreaking | 2 073 | 2 178 |
| Attempted rape | 701 | 213 |
| TOTAL | 66 992 | 27 856 |
(2) No
QUESTION NO: 308
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether she has promulgated any regulations in terms of section 134 of the Correctional Services Act, Act 111 of 1998; if so, (a) when, (b) what was the nature of such regulations and (c) in what Gazette were the regulations published;
(2) whether such regulations were referred to the Portfolio Committee on Correctional Services as required by section 134(5) of the Act; if not, why not; if so, what are the relevant details?
NW330E
REPLY
(1) Yes; it was promulgated in terms of Section 134.
(a), (b) and (c)
- 30 July 2004 GNR914
- Amended on 03 August 2007 by Notice R687 in Gazette no: 30119
- Further amendment on 30 May 2009 by Notice R595 in Gazette no: 32253
It covered code of conduct, definitions, custody of offenders under conditions of human dignity, sentenced offenders, un-sentenced offenders release from prison and placement under correctional supervision and on day parole.
(2) Yes. The Portfolio Committee discussed the draft regulations of the Department of Correctional Services on the 12th August 2003.
QUESTION NO: 278
Adv L H Max (DA) to ask the Minister of Correctional Services:
(1) How many documents has (a) her (i) ministry and (ii) department and (b) any (i) institution or (ii) agency which receives transfers from her departmental budget classified as (aa) top secret, (bb) secret, (cc) confidential and (dd) restricted under the provisions of the Minimum Information Security Standards that were adopted by the Cabinet on 4 December 1996 in the (aaa) 2005-06, (bbb) 2006-07, (ccc) 2007-08, (ddd) 2008-09 and (eee) 2009-10 financial years;
(2) what is the (a) name and (b)(i) rank or (ii) employment level of the official who decided on the classification at each specified public body?
NW299E
REPLY
1. These are matters relating to State Security and more detailed response may be provided to the Joint Standing Committee on Intelligence (JSCI).
2. These details are requested here are set out in the Minimum Information Security Standards (MISS)
QUESTION NO: 269
Mr J Selfe (DA) to ask the Minister of Correctional Services:
Whether subsections (a), (b), (c), (d) and (e) of section 21 of the Correctional Services Amendment Act, Act 25 of 2008, have been put into operation; if not, (i) why not and (ii) when is it envisaged to be put into operation; if so, (aa) when and (bb) in terms of what proclamation?
NW290E
REPLY
No; Section 21 of the Correctional Services Act, Act 25 of 2008 has not been put into operation.
Medical practitioners of both the Department of Correctional Services and Department of Health, had indicated that the body orifice search cannot be conducted if there are no medical indications.
The department is exploring other avenues to find possibilities of implementing it.
QUESTION NO: 268
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(a) How many referrals of complaints or requests were received by the National Commissioner in terms of section 21(3) of the Correctional Services Act, Act 111 of 1998, in the most recent specified year for which information is available and
(b) what were the National Commissioner's responses to the referrals?
NW289E
REPLY
(a) 365
(b) The referrals are handed over to the Chief Deputy Commissioner Corrections to expedite them and subsequently provide feedback to the affected offenders.
However; a follow up with the National Commissioner will be done and receive a report on how these are dealt with.
QUESTION NO: 200
Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
Whether certain members of her departmental staff who were identified as frustrating the process of transformation were ordered to change their attitude; if not, why not; if so, (a) who were the individuals that were identified and (b) what was the outcome of the approach?
REPLY
The National Commissioner has embarked on a programme of strengthening the capacity of the department to deliver better and faster services to internal and external beneficiaries. His focus has been essentially on encouraging and motivating an overwhelming majority of officials that are dedicated and hard working, to whom we owe the successes of the department thus far. These successes include continued reduction of escapes, assaults and unnatural deaths. In addition the fight against fraud and corruption continues to register the desired impact resulting in Department of Correctional Services being rated as the third best institution of government with its functioning minimum anti-corruption capacity that delivers 89% convictions. These need to be encouraged by among others the re-introduction of the Corrections Excellence Awards held on 04th March 2011 in Durban.
However; there is a small percentage of less than 7% of officials that are lethargic, negligent, ill-disciplined, lazy and corrupt for nearly 300 disciplinary cases instituted by the department on average per year. The department cannot allow these few to define the character of the institution, hence the tough talk by the National Commissioner; suspensions, disciplinary processes, warnings and dismissals effected by the management of the department.
(a) and (b)
We believe most of these wrong doers may have just erred and therefore the corrective disciplinary processes will get them to line, but those deliberate, habitual offenders that commit serious offences are being dealt with appropriately.
The National Commissioner, during his regional visits talking to management and staff, has been praising those doing well and warning those doing wrong things. As we expect positive changes from the majority, the 7% problematic portion of the staff complement, we believe naming and shaming should be limited only to those that have ultimately been dismissed. If required this information about dismissed officials can be packaged availed to members of the Portfolio Committee.
Question 199
199. Ms B C Blaai (Cope) to ask the Minister of Correctional Services:
(1) Whether (a) she, (b) her advisers and (c) the National Commissioner have routinely recorded any meetings they have had with any official with whom they have had problems for evidence purposes; if not, what is the policy in this regard, in each case; if so,
(2) whether she will make the recordings available to the Public Protector on request; if not, why not; if so, when? NW216E
REPLY
(1) (a), (b) and (c)
The Minister, her advisors and the National Commissioner do interact with various officials as a matter of routine on a range of issues including receiving reports. Whenever necessary; written notes of the discussion are made.
(2) Records can be made available on request to the Public Protector where formal written proceedings of the meetings were made.
QUESTION NO: 126
Adv L H Max (DA) to ask the Minister of Correctional Services:
What (a) statutory provisions, (b) regulations, (c) policy instruments and (d) practices govern the (i)classification, (ii) protection against the release or access, (iii) protection for other purposes such as preservation and (iv) release upon request for access of (aa) documented information and (bb) undocumented information held by (aaa) her department or (bbb) any other entities who receive budgetary transfers from her department?
NW138E
REPLY
(a)(b)(c)
The Department of Correctional Services is amongst others in compliance with the following pieces of legislation, regulations and policy instruments the Promotion of Access to Information Act (PAIA) No: 2 of 2000; Public Finance Management Act of 1999 (PFMA); Promotion of Administration Justice Act No: 3 of 2000; National Archives Act; Information Services Act; Minimum Information Security Standards (MISS) and White Paper on Corrections.
QUESTION 34
34. Mr J Selfe (DA) to ask the Minister of Correctional Services:
Whether progress has been made towards ensuring that all correctional centres conform to the requirements for accommodation of inmates in terms of section 7(1) of the Correctional Services Act, Act 111 of 1998; if not, why not; if so, what are the relevant details? NW43E
REPLY
Progress has been made towards ensuring that correctional centres do conform to the requirements for accommodation of inmates in terms of Section 7(1) of the Correctional Services Act, Act 111 of 1998.
The cells and living accommodation of the new centres under construction are designed in such a way that they do not allow overcrowding. However; there will be an annual audit which will inform steps to be taken to achieve compliance in old facilities.