Questions & Replies: Correctional Services
2012-09-30
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Reply received: September 2012
PARLIAMENTARY QUESTION NO: 1999
DATE SUBMITTED TO PARLIAMENT: Wednesday, 12 September 2012
Mr P B Mnguni (Cope) to ask the Minister of Correctional Services:
Whether his department has a direct information-sharing system with the SA Police Service with regard to dangerous criminals who escape from custody; if not, why not; if so, what are the relevant details concerning the matter of a certain escaped prisoner (name and details furnished)? NW2474E
REPLY:
The Department of Correctional Services (DCS) is obliged as per the Criminal Procedure Act to report all escapes from lawful custody to the South African Police Service (SAPS), and there is a standing process for this as part of DCS policies and procedures.
Concerning the matter of a certain escapee, the DCS does not have any record of the inmate escaping from a Correctional Centre.
Reply received: August 2012
PARLIAMENTARY QUESTION 1968
DATE SUBMITTED: Wednesday, 22 August 2012
Mr T W Coetzee (DA) to ask the Minister of Correctional Services:
Whether any entity reporting to her has budgeted for (a) financial donations or (b) sponsorships in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 and (iv) 2012-13 financial years; if not, why not; if so, in each case, what amount was (aa) budgeted and (bb) spent? NW2357E
REPLY:
(a) and (b)
No. The Department of Correctional Services does not have a budget for financial donations and sponsorships.
(i), (ii), (iii) and (iv) (aa) and (bb)
Fall away.
Reply received: October 2012
PARLIAMENTARY QUESTION NO: 1922
DATE SUBMITTED TO PARLIAMENT: Wednesday, 31 October 2012
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether officials of his department are entitled to order a new uniform once a year; if so, in respect of each province, how many officials applied for a new uniform in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years;
(2) whether there were any problems in supplying the uniforms in each of these years; if so, in respect of each year, what was (a) the nature of these problems and (b) done to solve these problems? NW2311E
REPLY:
(1) Officials from the Department of Correctional Services (DCS) are entitled to request uniform once a year with the exception of the following items:
§ T-shirts, raincoats, jerseys, belts, beanie caps and sling bags may only be requested every two years.
§ Bunny jackets and overcoats may only be requested every three years.
§ Tunics, formal head gear and floppy hats may only be requested every five
years.
The logistical system (LOGIS) currently being utilised to request and issue uniform does not make provision for a report with information per person per region.
The information below, as obtained from the system, reflects the total number of uniform items issued per region.
| Region | (a) 2010/11 | (b) 2011/12 | (c) 2012/13 |
| Eastern Cape | 242, 221 | 360, 620 | 0 |
| Free State/ Northern Cape | 310,524 | 257,141 | 0 |
| Gauteng | 709,075 | 326,864 | 0 |
| Head Office | 11,882 | 30,723 | 0 |
| Kwazulu-Natal | 294,431 | 251,418 | 0 |
| Limpopo/ North West/ Mpumulanga | 411,628 | 327,788 | 28,007 |
| Western Cape | 473, 810 | 488, 841 | 0 |
| TOTAL | 2,453, 571 | 2,043, 395 | 28,007 |
(2) (a) The most common problem being experienced when supplying uniform for each year is running out of stock when it comes to certain sizes.
(b) The problem is solved by procuring replenishment stock through the normal procurement processes.
Reply received: August 2012
PARLIAMENTARY QUESTION NO: 1906
DATE SUBMITTED TO PARLIAMENT: Friday, 24 August 2012
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) What is status of the report that was compiled by his department in 2005 on special remissions of sentences;
(2) whether he intends to table the final report in the National Assembly; if not, why not; if so, when;
(3) how many persons who were released after special remission in 2005 reoffended;
(4) whether any measures have been put in place to decrease the rate of re-offending by early-release prisoners; if not, why not; if so, what are the relevant details;
(5) whether he intends to finalise the policy on special remission of sentences; if not, why not; if so, (a) what is the current status of the policy formation project, (b) when does he intend to table it in the National Assembly and (c) what are the further relevant details? NW2295E
REPLY
(1) The report has been finalised.
(2) No, the report was presented to the Portfolio Committee on Correctional Services.
(3) In 2005, a total of 155 alleged re-offenders were admitted during the 10-week period release and monitoring period.
(4) Yes. During preparation for the release process in 2005, offenders were subjected to a pre-release assessment, and attendance of a pre-release programme was a pre requisite for the special remission of sentence. For the purpose of the Special Remission, National, Regional, Management Area and Local level task teams were established to effectuate this process in consultation with all other role-players.
A communication strategy and awareness raising campaign was also developed to inform all stakeholders about this process, including relevant government departments, Non-Government Organizations (NGO's), Community Based Organizations (CBO's), Faith Based Organizations (FBO's), families of offenders, offenders, correctional officials and the community.
(5) (a), (b) and (c)
The Policy on Special Remission of Sentence was approved by the Minister of Correctional Services on 29 November 2007, and is therefore finalised.
Reply received: October 2012
QUESTION NO: 1841
DATE SUBMITTED TO PARLIAMENT: Monday, 15 October 2012
Mrs S V Kalyan (DA) to ask the Minister of Correctional Services:
(1) Whether (a) his department and (b) all entities reporting to him make payment to (i) suppliers and (ii) service providers within the 30 day payment period as specified by the Public Finance Management Act (PFMA), Act 1 of 1999; if not, in each case, (aa) how many service providers are awaiting payment, (bb) what is the monetary value of outstanding payments and (cc) how long is payment overdue;
(2) whether (a) his department and (b) all entities reporting to him are liable for any interest charged on overdue payments in any of the cases mentioned; if not, what is the position in this regard; if so, in each case, what is the (i) percentage and (ii) monetary value of interest charged;
(3) whether (a) his department and (b) all entities reporting to him have negotiated revised payment schedules with each of the service providers mentioned; if not, why not; if so, in each case, what are the relevant details;
(4) what are the reasons for (a) his department and (b) all entities reporting to him not making payment within 30 days as specified by the PFMA;
(5) whether (a) his department and (b) all entities reporting to him have implemented any measures to (i) ensure full compliance with the PFMA and (ii) facilitate immediate payment for overdue accounts; if not, why not; if so, in each case, what are the relevant details? NW2233E
REPLY:
(1) (a) No
(b) Yes
(aa) 1 156 invoices, as at 30 June 2012, received from suppliers/service providers are awaiting payment.
(bb) The monetary value of the outstanding invoices amounts to R2 708 887.31.
(cc) On average, the payments are 50 days overdue.
(2)(a) and (b) Yes
(i) The percentage for which interest may be charged on overdue payments is 15.5%.
(ii) R845.92 worth of interest was charged by a certain company
(3) (a) and (b)
Payment to the said company was made in full.
(4) (a) and (b)
Reasons for the Department not being able to make payments within 30 days as specified by the Public Finance Management Act (PFMA), Act 1 of 1999 (PFMA), are as follows:
· Suppliers/service providers do not complete and submit entity forms with banking details to the Department for processing of Electronic Fund Transfer (EFT) payments;
· Invoice amounts do not correspond with quotation amounts initially given and agreed upon;
· More than one invoice is issued to the Department for the same services being rendered;
· Quantities indicated on the invoices differ from the quantities being delivered by the suppliers/service providers;
· Inadequate reconciliations on accounts by suppliers/service providers results in outstanding amounts being disputed by the Department.
(5) (a) and (b) (i) and (ii)
In order to comply with the PFMA, the Department has enforced monthly finance meetings on all levels wherein budget allocations, expenditures and payments to service providers are monitored and followed-up. Financial circulars have also been issued to all relevant role-players and a template has been designed and distributed to certify their state of compliance on a monthly basis.
Reply received: August 2012
PARLIAMENTARY QUESTION NO: 1796
DATE SUBMITTED: Wednesday, 15 August 2012
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether offenders are screened for vulnerability to sexual violence and exploitation when they are admitted to correctional centres; if not, why not; if so, what (a) factors are taken into account in such screening and (b) measures are put in place to protect such offenders from sexual violence and exploitation;
(2) whether a screening protocol has been (a) developed and (b) disseminated to correctional officials; if not, why not, in each case; if so, what are the relevant details in each case? NW2187E
REPLY:
(1) Yes.
(a) The factors that are taken into account are the offenders' appearance and stature, noticeable mannerisms and the factors that the offender wants to be considered such as sexual orientation.
(b) All offenders' risks and needs are assessed within 6 hours of admission into a correctional centre using specific instruments compiled for this purpose. If the offender is assessed to be vulnerable, a referral is made to the Unit Manager for appropriate accommodation.
(2) (a) Yes.
(b) Yes, the admission risk and needs assessment tool (G 303) has been utilised since 2010 to assess offenders within 6 hours of admission. In addition, a comprehensive assessment (G 303 [C]) tool is completed and a profile (G 303 [D]) is developed within 21 days of admission. These instruments accompany the offender through his stay in the correctional centre and updated as the needs may be.
Reply received: August 2012
PARLIAMENTARY QUESTION NO: 1795
FOR WRITTEN REPLY
DATE SUBMITTED: Wednesday, 15 August 2012
Mr J Selfe (DA) to ask the Minister of Correctional Services:
Whether interviews for posts of regional commissioners were conducted in (a) 2011 and (b) since 1 January 2012; if so, (i) for which posts,(ii) when in each case and (iii) who (aa) was the chairperson and (bb) were the members of the interview panel in each case?
NW2186E
REPLY:
(a) Yes, interviews for the posts of Regional Commissioner's were conducted as follows:
| (i) Post Details | (ii) Date of interviews | (iii)(aa) Chairperson | (bb) Panel members |
| · Regional Commissioner: GautengRegion; · Regional Commissioner: Limpopo/Mpumalanga/ North West Region ; · Regional Commissioner: Free State/Northern Cape Region; and · Regional Commissioner: EasternCape Region | 17 May 2011 | Mr TS Moyane - National Commissioner: Correctional Services | Mr TE Motumi - DG: Military and Veterans Mr S Vukela - Acting DG Dept of Public Works Mr TB Raseroka - HR Support |
| · Regional Commissioner: GautengRegion; · Regional Commissioner: Limpopo/ Mpumalanga/North West Region; and · Regional Commissioner: Free State/Northern Cape | 7 November 2011 | Ms N Mapisa-Nqakula - Minister: Correctional Services | Dr. SC Cwele - Minister: State Security Dr. N Mkhize - DG: Woman, Children & People with Disabilities Mr. TS Moyane - DG: Correctional Services |
Approval was granted by the Minister of Correctional Services to head hunt for the 3 posts that were not filled after the interviews of 17 May 2011.
(b) No interviews were conducted since 1 January 2012.
Reply received: August 2012
PARLIAMENTARY QUESTION NO: 1792
DATE SUBMITTED: Wednesday, 15 August 2012
Mr J Selfe (DA) to ask the Minister of Correctional Services:
Whether all inmates incarcerated in correctional centres are accommodated in conditions of human dignity; if not, (a) why not, (b) how many inmates are not accommodated in conditions of human dignity and (c) what steps is his department taking to ensure compliance with these laws; if so, what are the relevant details? NW2183E
REPLY:
The Department of Correctional Services (DCS) is committed to incarcerate inmates in conditions of human dignity.
(a), (b) and (c):
Section 35(2)(e) of the Bill of Rights, encapsulated in the Constitution of the Republic of South Africa, states that "offenders have 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". Overcrowding within correctional centres means that it is a challenge for the DCS to guarantee these rights for all inmates.
Initiatives to relieve overcrowding:
Inter-departmental
It is widely acknowledged that the solution to overcrowding does not reside solely with the DCS. An Integrated Justice System Development Committee, its substructure the Case Management Task Team and the Inter-sectoral Committee on Child Justice, are responsible to identify and address blockages that result in overcrowding. Role-players in these structures include the DCS, the Departments of Safety and Security, Justice and Constitutional Development and Social Development and the National Prosecuting Authority.
Legislation to facilitate the possible placement of offenders serving sentences of 24 months and less after one quarter of sentence (against previous one half) on parole as well as to facilitate the possible placement of offenders sentenced to compulsory minimum sentences after one half (against previous 4/5) has already been implemented by means of the Correctional Matters Amendment Act, 2011 (Act No. 5 of 2011).
Department of Correctional Services
During 2004 the DCS has adopted and implemented a multi-pronged strategy consisting of the following dimensions:
· Managing levels of Remand Detainees (RD's) through the Integrated Justice System Case Management Task Team and Inter-Sectoral Committee on Child Justice;
· Managing levels of sentenced inmates through improving effective and appropriate use of conversion of sentence to community correctional supervision, release on parole, and transfers between correctional centres to attempt to establish some degree of evenness of overcrowding;
· Ensuring progress with DCS capital works programme to upgrade correctional facilities and to build new correctional centres that are both cost effective and rehabilitation oriented;
· Encouraging debate in South Africa about reason for incarceration as a sentence and encouraging an approach to appropriate sentencing that is focused on facilitating rehabilitation;
· Enhancing community correctional supervision so that it can be better utilized as an appropriate sentence for less serious crimes;
· Improving correction and development programmes within DCS to ensure enhanced facilitation of rehabilitation that targets offending behaviour;
· Encouraging improvement of first and second levels of correction in family and social institutions and social and economic sector government departments respectively to decrease rate of entry into criminal justice system; and
· Encouraging community involvement in social reintegration of offenders back into their community in order to assist in reducing levels of repeat offending.
A pilot project regarding the electronic monitoring of offenders who are placed on parole was introduced during February 2012, which in its roll-out phase will assist in placing more offenders and/or remand detainees under non-custodial systems.
Managing levels of Remand Detainees (RD's):
There are several Justice Crime Prevention and Security (JCPS) cluster measures for reducing Remand Detainees (Awaiting Trial Detainees) which include measures prior to first court appearance, methods at first appearance, methods to fast-track certain RD cases and management of juveniles. Measures prior to first court appearance include detention in SAPS cells, and release in terms of several sections of the Criminal Procedure Act (Act 51 of 1977) (i.e. sections 59, 59A, 71, 72 and 56). Methods of reducing RDs at first court appearance include bail, diversion and restorative justice. Methods of fast tracking certain RD cases include the use of plea bargaining and the securing of criminal records within 10 days. Fast tracking of cases for DNA analysis and forensic assessment appears to have been ineffective because of the inadequacy of such services in the country. There are however remedial actions that are put in place by the cluster in consultation with the Department of Health.
Management of overcrowding of RDs should be understood against the background that the key drivers of overcrowding for population of remand detainees are beyond the control of DCS and include the following; the use of pre-trial detentionand the trends on serious crimes. The increase in serious crimes is closely related to an increase in the use of pre-trial detention, without an option of bail. Other drivers which are beyond the control of institutions responsible for detention of RDs are the number of admissions and the length of stay.
The Criminal Procedure Act, 1977 (Act 51 of 1977), section 63A, makes provision for the Heads of Correctional Centres to approach the relevant court to release the accused on warning in lieu of bail or to amend the bail conditions imposed by that court when the offender population of a particular correctional centre is reaching such proportions that it constitutes a material and imminent threat to human dignity, physical health or safety of the accused. Section 63(1) of the same legislation makes provision for the accused or prosecutor to make an application to the court to reduce the amount of bail that was set by the relevant court. Remand Detainees are made aware of applications they can bring themselves and applications to courts are processed on a weekly basis.
Options utilized by courts in response to applications submitted include reduction of bail, release of an accused on warning with the provision that the accused is supervised by a probation officer or a correctional official. There are other conditions that can be added by court such as reporting at a specified place and time to a specified authority, prohibition from communicating with witnesses and restriction over the places that may be visited by the accused.
The Criminal Matters Amendment Act, 2011 (Act No. 5 of 2011) provides for a maximum incarceration period. Section 49G states that the period of incarceration "must not exceed two years" without it having been brought to the court's attention. This section has not yet been implemented, however, the cluster departments are working together to ensure that this does happen. A protocol has been approved by the Directors-General of the cluster which sets out the roles and responsibilities of each Department. DCS is currently developing a system which will allow it to calculate accurately the length of detention of each remand detainee to enable it to comply with section 49G. This is anticipated to further reduce the number of remand detainees in DCS facilities for long periods of time.
Impact of initiatives to relieve overcrowding:
As a result of having implemented a multi- pronged strategy on overcrowding, working in collaboration with criminal justice partners to improve diversion options and providing additional bed spaces, the DCS managed to further decrease the overcrowding rate of 37.91% during 2007/08 to 34% during 2011/12.
DCS has prioritized overcrowding in correctional centres. National-, Regional- and Management Area Overcrowding Task Teams have been constituted. The national team is responsible for developing a Risk Management Plan on overcrowding dealing with the two separate issues of sentenced offenders and remand detainees. National Frameworks and Action Plans regarding the down management of overcrowding are in place and contributed to the achievements referred to above.
DCS is also participating actively on National, Regional and Local levels on relevant fora to develop and implement resolutions: enhancing capacity, cooperation and use of programmes for diversion and appropriate sentencing in line with the Child Justice Act, 2008 (Act No. 25 of 2008) and provide additional alternatives to imprisonment for children in terms of the application of Section 71 of the Criminal Procedure Act, 1977.
2012 Special Remission of Sentence
The President granted special remission of sentence to certain categories of inmates in terms of Section 84(2) (j) of the Constitution on 27 April 2012. Although it was granted in celebration of Freedom Day and therefore not specifically to relieve overcrowding, the impact was that correctional centres were on average 123.48% populated on 27 July 2012.
The DCS committed itself to reduce the level of overcrowding by at least 2% per annum in order to comply with the constitutional requirement to detain inmates under humane conditions.
Reply received: July 2012
PARLIAMENTARY QUESTION NO: 1593
Mr D C Smiles (DA) to ask the Minister of Correctional Services:
Whether any traffic fines were incurred with regard to any of her official vehicles in the (a) 2009-10, (b) 2010-11 and (c) 2011-12 financial years; if so, what (i) amount in fines was incurred in respect of each specified vehicle in each specified financial year and (ii) are the further relevant details in each case? NW1921E
REPLY:
The National Road Traffic Act, 1996 (Act No. 93 of 1996) (the Act), is clear regarding the transgression of traffic laws. In terms of the Act, the person in whose name the vehicle is registered is liable for any and/or all traffic fines issued in respect of such a vehicle. The fines shall be for the account of the owner.
There is no special dispensation afforded to Ministers.
In this regard, the following traffic fines were incurred concerning the official vehicles of the previous Minister of Correctional Services, Honourable N Mapisa-Nqakula:
| Vehicle | (a) 2009/10 | (b) 2010/11 | (c) 2011/12 | (i) Amount | (ii) Details |
| Infringement notice number | |||||
| Lexus LS 460 (Registration: YMV 436 GP) | 2010.02.26 @ 09:58 | R250.00 | 0240460017932004 | ||
| 2010.05.08 @ 08:20 | R1 500.00 | 0240460018977879 | |||
| 2010.06.07 @ 11:44 | R500.00 | 0240990000008220 | |||
| 2012.03.14 @ 11:45 | R560.00 | 0240460029546380 | |||
| Total | R2 810.00 | ||||
Reply received: June 2012
QUESTION NO: 1458
Mr D C Ross (DA) to ask the Minister of Correctional Services:
(1) When was the current National Commissioner of her department appointed;
(2) whether the Director-General was appointed in a permanent capacity; if not, what is the position in this regard; if so, what are the relevant details? NW1735E
REPLY:
](1) 15 May 2010
(2) The National Commissioner was appointed terms of Section 12 of the Public Service
Act for a period of five (5) years.
Reply received: July 2012
QUESTION NO. 1420
Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:†
(1) How many weapons of every (a) kind and (b) calibre have (i) been stolen or (ii) gone missing in her department (aa) in (i) 2009, (ii) 2010 and (iii) 2011 and (bb) since 1 January 2012;
(2) what steps have been taken to combat these thefts and losses;
(3) whether she will make a statement on the matter? NW1690E
REPLY:
(1)
| Year | Weapon | Number | ||
| (a) Kind | (b) Calibre | (i) Stolen | (ii) Gone missing | |
| (aa)(i) 2009 | Pistol | 9 mm | 2 | 5 |
| (aa)(ii) 2010 | Pistol | 9 mm | 6 | 4 |
| Pistol | .22 mm | 0 | 1 | |
| (aa)(iii) 2011 | Pistol | 9 mm | 6 | 0 |
| (bb) since 01/01/2012 – 08/06/2012 | Pistol | 9 mm | 3 | 1 |
| Sub-total | 17 | 11 | ||
| Total | 28 | |||
(2) Regions were requested to:
· conduct an inspection of all firearms in arsenals and consolidate this with their asset registers;
· re-assess in which posts officials are to be armed with firearms for the execution of their daily tasks;
· ensure and confirm that permits for firearms/ammunition are issued to officials as required by the Firearms Control Act, 2000 (Act No. 60 of 2000), which state that no official is allowed to be in possession of a departmental firearm or ammunition without an approved permit;
· confirm that Arsenal Controllers:
o complete relevant Firearm Registers on a daily basis;
o are in possession of duplicate firearm/ammunition permits;
o are in possession of updated duty sheets and have acknowledged receipt thereof in writing; and
o issue on a daily basis a certificate to the Heads of Correctional Centres certifying that all firearms have been checked;
· ensure that Heads of Correctional Centres confirm that a certificate is issued on a weekly basis to the relevant Area Commissioner certifying that all firearms have been checked;
· ensure that Heads of Correctional Centres/Community Corrections confirm that officials report the loss, theft or destruction of any firearm immediately to the Head of a Correctional Centre/Community Corrections, as well as within 24 hours to the nearest Police Station; and
· comply to the B-Order 2: Safety and Security: Chapter 16 on security equipment as well as to the Logistic Administration Procedure Manual, Chapter 10 on firearms.
Regions were also informed that according to the stipulations in the Firearms Control Act, with regard to the safekeeping of firearms, all steps must be taken to prevent the loss or theft of firearms. Officials must in all cases, without exception, be criminally prosecuted if they did not comply with the stipulations mentioned in Chapter 16, paragraph 8 of the Act.
(3) The Minister of Correctional Services will not make a statement on this matter.
Reply received: June 2012
QUESTION NO: 1270
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether inmates at the (a) New Kimberley Correctional Centre, (b) Mangaung Correctional Centre and (c) Kutama Sinthimule Correctional Centre are offered vocational and skills training; if not, why not; if so, what types of training are offered at each specified centre;
(2) whether inmates at the (a) New Kimberley Correctional Centre, (b) Mangaung Correctional Centre and (c) Kutama Sinthimule Correctional Centre who have completed the training successfully receive certificates or diplomas that have been approved by the SA Qualifications Authority (SAQA); if not, in each case, what (i) training is not approved and (ii) steps will be taken to ensure that all training is SAQA approved? NW1469E
REPLY:
(1)(2) Yes, the types of training are listed below:
http://www.pmg.org.za/files/doc/2012/RNW1270-120612.pdf
Reply received: August 2012
QUESTION 1226
FOR WRITTEN REPLY
DATE SUBMITTED: 7 August 2012
PARLIAMENTARY QUESTION NO: 1226
Dr S M van Dyk (DA) to ask the Minister of Correctional Services:
What amount has her department spent on (a) catering and (b) entertainment (i) in the (aa) 2007-08, (bb) 2008-09, (cc) 2009-10, (dd) 2010-11 and (ee) 2011-12 financial years and (ii) since 1 April 2012? NW1423E
REPLY:
The following amounts were spent by the Department of Correctional Services on (a) catering in the:
| No. | Financial year | Amount |
| R'000 | ||
| (aa) | 2007/08 financial year (audited) | 4,939 |
| (bb) | 2008/09 financial year (audited) | 9,060 |
| (cc) | 2009/10 financial year (audited) | 8,753 |
| (dd) | 2010/11 financial year (audited) | 9,540 |
The following amounts were spent by the Department of Correctional Services on (b) entertainment in the:
| No. | Financial year | Amount |
| R'000 | ||
| (aa) | 2007/08 financial year (audited) | 338 |
| (bb) | 2008/09 financial year (audited) | 660 |
| (cc) | 2009/10 financial year (audited) | 216 |
| (dd) | 2010/11 financial year (audited) | 224 |
(ee) and (ii)
The amounts for the 2011-12 financial year, as well as the expenditure incurred since 1 April 2012, have not been audited yet, and is therefore not available at this stage. Once finalised and audited, it will be submitted to the honourable Member immediately.
Reply received: June 2012
QUESTION NO: 1165
Mr J Selfe (DA) to ask the Minister of Correctional Services:
Whether she has received an application for the release of a certain person (Jackie Selebi) on medical parole; if so, (a) when was this application received, (b) on what grounds is the application based, (c) by whom was the application submitted and (d) at what stage is the processing of the application? NW1358E
REPLY:
No, applications for medical parole are not submitted to the Minister except in cases involving offenders serving a life sentence.
Reply received: June 2012
QUESTION NO: 1058
Adv L H Max (DA) to ask the Minister of Correctional Services:
(a) How many arbitration awards were (i) granted against her department (aa) in the (aaa) 2009-10 and (bbb) 2010-11 financial years and (bb) during the period 1 April 2011 up to the latest specified date for which information is available, (ii) taken on review and (iii) ruled in favour of her department and (b) what was the total cost involved in the reviews of these awards? NW1243E
REPLY
(a) (i) In the financial year:
(aaa) 2009-2010 there were twenty four (24) arbitration awards against the Department.
(bbb) 2010-2011 financial year four (4) arbitration were granted against the Department.
(bb) 2011-2012 there were six (6) arbitration awards against the Department.
(ii) 2009-2010 there were three (3) cases taken on review and are still pending.
2010-2011 there were four (4) cases taken on review and are still pending.
2011-2012 there were six (6) cases taken on review and are still pending.
(iii) The mentioned cases are yet to be finalised.
(b) The actual cost will only be known upon finalisation of the cases.
Reply received: August 2012
PARLIAMENTARY QUESTION NO: 735
DATE SUBMITTED: 7 August 2012
Mr D C Ross (DA) to ask the Minister of Correctional Services:
Whether any officials from (a) her department and (b) any entities reporting to her were on an official visit to Bloemfontein in (i) December 2011 and (ii) January 2012; if so, in each case, what (aa) is the (aaa) name and (bbb) position of the specified official, (bb) was the (aaa) purpose and (bbb) date of such visit and (cc) was the cost of (aaa) transport, (bbb) accommodation and (ccc) other expenses? NW903E
REPLY
Yes, officials visited Bloemfontein in December 2011 and January 2012 see attached table.
Reply received: June 2012
QUESTION NO: 685
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether the report for the UN Convention against Torture (UNCAT) has been finalised; if not, (a) why not and (b) when will this report be finalised; if so, (i) when will this report be made available and (ii) what are the further relevant details;
(2) (a) why were the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa signed in 2003, (b) how different is this to UNCAT and (c) what measures are being implemented to give effect to both agreements
(3) whether any oversight body exists to monitor conditions such as a right to (a) food, (b) water, (c) clothing, (d) health care, (e) minimum of space, (f) hygiene, (g) privacy and (h) security; if not, why not, in each case; if so, what have the findings been in terms of the abovementioned conditions, in each case? NW846E
REPLY
(1) The Finalisation of the report is managed by Department of International Relations and Cooperation (DIRCO) and this question should therefore be directed to DIRCO.
(2) It is proposed that this question be referred to Department of Justice and Constitutional Development.
(3) According to Section 85 of the Correctional Services Act, 1998 (Act no 111 of 1998) the objective of the Judicial Inspectorate is to facilitate the inspection of correctional centres in order that the Inspecting Judge may report on the treatment of inmates and on conditions in correctional centres. According to the 2010/11 Annual Report of the Judicial Inspectorate, a total of 381 924 complaints from inmates have been dealt with. In this Annual Report the following number of complaints are specifically referred to as per the indicated area (including findings where applicable):
(a) Food: 13 719;
(b) Water: Periodic unavailability of fresh water at Makhado, Kutama Sinthumule and Thohoyandou were resolved at the first two centres and alleviated at Thohoyandou;
(c) Clothing: No specific reference;
(d) Health care: Complaints regarding health care increased by 255%, from 11 227 during 2007 to 39 868 during 2010/11.
(e) Minimum of space: On 31 March 2011 a total number of 18 correctional centres were critically overcrowded by 200% or more. Since 2009/10, 8 of these 18 centres have fallen below the 200% mark, while a number of others have significantly reduced their levels.
Although the problem of overcrowding has not been resolved, it is nevertheless a significant improvement from 2002 when 56 centres exceeded the 200% mark, and 2005, when 47 centres exceeded this level.
(f) Hygiene: No specific reference;
(g) Privacy: No specific reference;
(h) Security; no specific reference.
Reply received: June 2012
QUESTION NO: 684
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether officials of her department use stun belts to control the movement of persons; if so, why is this still being used;
(2) whether her department has (a) followed up on and (b) given effect to the recommendations of the Judicial Inspectorate of Correctional Centres (JICC); if not, why not; if so, what are the relevant details;
(3) whether any oversight body exists to monitor conditions such as a right to (a) food, (b) water, (c) clothing, (d) health care, (e) minimum of space, (f) hygiene, (g) privacy and (h) security; if not, why not, in each case; if so, what have the findings been in terms of the abovementioned conditions, in each case? (Withdrawn) NW845E
REPLY
(1) Yes. Electronically activated high security stun transport belts can according to the Correctional Services Act, Act 111 of 1998, as amended (25/2008), Section 33, be used in Correctional Centres. These belts may only be used by correctional officials, specifically trained in the use thereof, on authority of the Head of the Correctional Centre. These belts are only used on high risk / dangerous inmates when outside cells and during transfer / escorting. When used on an inmate, the inmate must be under the direct and immediate supervision of the correctional official in possession of the activating device.
Whenever the belt has been activated, the incident must be reported to the Head of the Correctional Centre and where necessary, the inmate must receive medical attention as soon as possible. These belts remain an effective method of ensuring that dangerous and high risk inmates are moved safely when inside and/or outside the confines of Correctional Centres. The belts are safe for use as it complies to the requirements of the South African Bureau of Standards.
(2) Unnatural Deaths / Homicides / Suicides / Criminal investigations:
The Judicial Inspectorate recommended that officials performing patrol duties should be fully conversant with each vulnerable inmate's history and be properly trained in and briefed on the techniques of monitoring the health and foreseeable conduct of such an inmate. The training of officials working with inmates in the techniques of monitoring the health and conduct of such inmates has been included in the training curriculum for this Department's officials.
The Judicial Inspectorate further recommended that the Department should set up a liaison committee with the relevant role-players, namely the South African Police, the medico-legal divisions of the Department of Health, the National Prosecuting Authority and the Department of Justice and Constitutional Development, with a dedicated focus to determine why custodial deaths do not receive the required attention. Such liaison committee has not been set up yet but will be considered for inclusion in the integrated crime prevention strategies of the JCPS Cluster Departments.
(3) Removed
Reply received: June 2012
QUESTION NO: 568
Mrs M Wenger (DA) to ask the Minister of Correctional Services:
(1) Whether her department has an internal audit unit; if not, why not; if so, (a) how many staff members are employed in the unit and (b) what (i) is the structure and (ii) are the functions of the unit;
(2) whether the audit committee considers the internal audit reports; if not, why not; if so, what are the relevant details;
(3) whether she holds meetings to discuss (a) the internal reports and (b) their findings with the audit committee; if not, why not, in each case; if so, (i) on what dates has each specified meeting taken place and (ii) what are the further relevant details? NW733E
REPLY
(1) Yes.
(a) 35
(b) (i) The structure of the unit consists of:
(ii) Functions of the unit:
The Internal Audit unit assists the National Commissioner (the Accounting Officer) in maintaining efficient and effective controls by evaluating those controls to determine their effectiveness and efficiency, and by developing recommendations for enhancement or improvement. The controls subject to evaluation encompass the following:
- The information systems environment;
- The reliability and integrity of financial and operational information;
- The effectiveness of operations;
- Safeguarding of assets; and
- Compliance with laws and regulations.
(2) The Audit Committee considers the work of Internal Audit. It is the Audit Committee that approves the strategic and operational plans of Internal Audit. On a quarterly basis, the Audit Committee monitors, amongst others, progress made in implementing the Internal Audit plans and exercises their oversight responsibilities accordingly.
(3)(a & b) Yes, it should however be noted that there is no legal requirement for the Minister to meet with the Audit Committee to discuss internal audit reports. Section 3.1.14 of the Treasury Regulations, issued in terms of the Public Finance Management Act, provides that should a report to an Audit Committee, whether from internal audit function or any other source, implicate the accounting officer in fraud, corruption or gross negligence, the chairperson of the Audit Committee must promptly report this to the Minister.
Furthermore, Section 3.1.15 of the Treasury Regulations, states that "an audit committee may communicate any concerns it deems necessary to the executive authority, the relevant treasury and the Auditor-General."
(i) 3 October 2011
(ii) In the meeting, the Audit Committee briefed the Minister on the findings of Internal Audit. The Audit Committee also specifically discussed with the Minister the following:
- The filling of the position of Chief Audit Executive (CAE);
- The filling of the position of Government Information Technology Officer (GITO); and
- Capacitating Internal Audit Unit with a co-sourcing Consortium
Both positions of the CAE and GITO have been filled and the co-sourcing Consortium (PWC and Sekela) is on site working with in- house Internal Auditors.
Reply received: April 2012
QUESTION NO: 546
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether any apparatus has been installed in correctional centres to prevent the transmission and receipt of cellular telephonic communications; if so, at which correctional facilities; if not,
(2) Whether there are any plans in place to install such devices in any of the correctional centres; if not, why not; if so, (a)(i) when, (ii) where and (iii) how will these devices be installed, (b) what (i) is the deadline for the installation of these devices and (ii) are the further relevant details;
(3) Whether it is her department's policy to prevent offenders from making and receiving telephone calls while serving sentences of imprisonment; if not, what is the position in this regard; if so,
(4) Whether she will make a statement on the matter? NW704E
REPLY:
(1) No.
(2) No, at this stage there are no definite plans in place to install devices to prevent the transmission and receipt of cellular communications in any Correctional Centre due to legislation that prohibits the blocking of signals. There is however a process of implementing cellular phone detection equipment in some Correctional Centres to assist officials in the detection of unauthorised cellular phones. The detection equipment is currently being installed in new centres and centres where the integrated security systems are being upgraded. The centres include:
Tswelopele – completed in April 2010
Brandvlei Medium – completed in October 2011
Van Rhynsdorp – currently under construction
Warmbokkeveld – currently under construction
(3) No, it is the policy of the Department to allow inmates to make only authorised phone calls under supervision of officials from officially installed public telephones in Correctional Centres. The making and receiving of unauthorised telephone calls by offenders is prohibited.
(4) No
Reply received: June 2012
QUESTION NO: 481
Mr T W Coetzee (DA) to ask the Minister of Correctional Services:
Whether she met with the internal audit committee in the (a) 2010-11 and (b) 2011-12 financial years; if not, why not; if so, (i) on which dates did they meet and (ii) what are the further relevant details? NW630E
REPLY
(a) No. There is no legal requirement for the Minister to meet with the audit committee to discuss internal audit reports. Section 3.1.14 of the Treasury Regulations, issued in terms of the Public Finance Management Act, provides that should a report to an audit committee, whether from internal audit function or any other source, implicate the accounting officer in fraud, corruption or gross negligence, the chairperson of the audit committee must promptly report this to the Minister.
Furthermore, Section 3.1.15 of the Treasury Regulations, states that "an audit committee may communicate any concerns it deems necessary to the executive authority, the relevant treasury and the Auditor-General."
(b) Yes
(b)(i) 3 October 2011
(b)(ii) The following were discussed with the Minister:
The filling of the position of Chief Audit Executive (CAE);
The filling of the position Government Information Technology Officer (GITO);
Capacity of Internal Audit Unit with a co-sourcing Consortium.
Finalization of the co-sourcing contract.
Both positions of the CAE and GITO have been filled, and the co-sourcing Consortium (PWC and Sekela) is on site working with in- house Internal Auditors.
Reply received: June 2012
QUESTION NO: 415
Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:
(1) (a) Before which parole board did a certain person (name furnished) make certain utterances (that he will tell the whole truth once placed on parole), (b) on what date did this allegedly take place and (c) which official informed her regarding this utterance;
(2) whether she will make a statement on the matter? NW555E
REPLY:
(1) These utterances were not made before a parole board, but do form the subject of various media reports dating back to 2006. It is also repeated in the victim representations received by my Office in July 2011.
(2) No.
Reply received: June 2012
QUESTION NO: 309
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) (a) When was the need identified to (i) offer training to officials of her department on the contents training of the use of force in terms of the United Nations Optional Protocol to the Convention against Torture (OPCAT) and (ii) revise the rights of inmates to include specific areas of torture in terms of the OPCAT and (b) what steps have been taken to give effect to it in each case;
(2) what are the relevant details of the standard policy of her department regarding the reporting to the SA Police Service (SAPS) for investigation all cases of abuse, assault and ill-treatment of inmates;
(3) whether all such cases are reported; if not, why not; if so, how many cases have been reported to the SAPS in the (a)(i) 2009-10 and (ii) 2010-11 financial years and (b) during the period 1 April 2011 up to the latest specified period for which information is available;
(4) how many incidents of (a) death, (b) segregation, (c) the use of mechanical restraint during segregation and (d) the use of force have been reported to the Judicial Inspectorate of Correctional Services in the (i)(aa) 2009-10 and (bb) 2010-11 financial years and (ii) during the period 1 April 2011 up to the latest specified period for which information is available to be independently followed up? NW388E
REPLY
(1) The Constitutional right of inmates which include the following rights have already been acknowledged in the White Paper on Corrections in South Africa published in 2005:
· the right to be free from all forms of violence from either public or private sources;
· not to be tortured in any way; and
· not to be treated or punished in a cruel, inhuman or degrading way.
Training on the use of force is a standard part of the training provided to DCS Officials. With regard to the revision of the rights of inmates to include specific areas of torture in terms of the OPCAT DCS is working jointly with relevant national departments such as Justice & Constitutional Development, South African Police Service, Home Affairs and Health to promulgate a Bill through Parliament for the criminalization of torture and the cruel, inhumane or degrading treatment or punishment.
Another process in this regard involves the creation of a National Preventative Mechanism (NPM) which will make it possible for South Africa to ratify the OPCAT.
Article 17 of the OPCAT determines that one or several independent national preventive mechanisms must be designated or established at the latest one year after the entry into force of the present Protocol or of its ratification or accession,
(2) The official policy of the Department is that all cases of abuse, assault and ill treatment of inmates must be investigated departmentally and reported to the SAPS for criminal investigation.
(3)
| (3)(a)(i) | (3)(a)(ii) | (3)(b) | |
| 2009/2010 Financial Year | 2010/2011 Financial Year | 1 April 2011 till 31 January 2012 | |
| Number of cases of assault of inmates reported to the SAPS | 1163 | 1398 | 1259 |
| Number of cases of abuse of inmates reported to the SAPS | 47 | 43 | 37 |
| Number of cases of ill treatment of inmates reported to the SAPS | 72 | 57 | 42 |
(4)
| (4) (i) (aa) | (4) (bb) | (4) (ii) | ||||
| 2009/2010 Financial Year | 2010/2011 Financial Year | 1 April 2011 till 31 January 2012 | ||||
| (4) (a) | Number of incidents of death of inmate reported to Judicial Inspectorate | 778 | 520 | 353 | ||
| (4) (b) | Number of incidents of segregation of inmate reported to Judicial Inspectorate | 1513 | 1808 | 2045 | ||
| (4) (c) | Number of incidents of the use of mechanical restraints during segregation of inmate reported to Judicial Inspectorate | 39 | 52 | 103 | ||
| (4) (d) | Number of incidents of the use of force reported to Judicial Inspectorate | 3 | 11 | 35 | ||
Reply received: June 2012
QUESTION NO: 308
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether (a) each time (i) segregation and (ii) mechanical restraints are used it has been authorised by the head of the correctional centre and (b) all cases of the use of mechanical restraints are immediately reported by the head of the correctional centre to the (i) national commissioner and (ii) inspecting judge; if not, why not, in each case; if so, what are the relevant details in each case;
(2) what criteria are used to determine the use of non-lethal incapacitating devices;
(3) how many injuries have occurred as a result of teargas grenades or catridges that have been used (a) in the (i) 2009-10 and (ii) 2010-11 financial years and (b) during the period 1 January 2012 up to the latest specified date for which information is available? NW387E
REPLY:
(1)(a) In each case where segregation and mechanical restraints were applied there has always been due authorised by the relevant Heads of Correctional Centres (HCC).
(1)(b) All cases of the use of mechanical restraints were reported to the Inspecting Judge, however it has been noted that not all the foregoing cases were reported to the National Commissioner and a circular has been issued to ensure compliance in this regard.
(2) The criteria for the use of non-lethal incapacitating devices are described in the Correctional Services Act 111/1998 as amended, and can be summarized as follows:
· Non-lethal incapacitating devices may only be issued to a correctional official on the authority of the Head of the Correctional Centre.
· Such devices may only be used by a correctional official specifically trained in their use.
· Such devices may be used in the following instances:
o if an inmate fails to lay down a weapon or some other dangerous instrument in spite of being ordered to do so;
o if the security of the correctional centre or safety of inmates or others is threatened by one or more inmates; or
o for the purpose of preventing an escape.
· Whenever a correctional official decides to use teargas he or she must be convinced that its use in the specific situation meets the requirements of minimum and proportionate force as required by section 32(1)(b) of the Correctional Services Act 111of 1998 as amended.
(3) None
Reply received: April 2012
QUESTION 307
FOR WRITTEN REPLY
307. Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) What is the prescribed time frame, within which an inmate, against whom force was used, should undergo an immediate medical examination;
(2) whether all instances of the use of force against inmates are reported immediately to the inspecting judge; if not, why not; if so, (a) how soon are these cases reported to the inspecting judge and (b) what are the further relevant details? NW386E
REPLY
1. According to subsection (5) of the Correctional Services Act 111/1998 as amended, as well as the Departmental B- order 2, Chapter 17, paragraph 2 sub-paragraph 2.4, if force was used, the inmate concerned must undergo an immediate medical examination and receive treatment from the Correctional medical practitioner.
2. (a) and (b)
Heads of Correctional Centres report all instances of the use of force to the Inspecting Judge at an average time of 24hours
| 2009/10 | 2010/2011 | 1 April 2011 to 31 January 2012 |
| 3 | 11 | 35 |
Reply received: April 2012
QUESTION NO: 289
Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:
(1) Whether the national transformation quota is going to be applied in the Western Cape's department of correctional services (details furnished); if not, what is the position in this regard; if so, (a) why, (b) why are the provincial demographics not being used as the criterion and (c) how many (i) Coloured people, (ii) persons of Indian origin and (iii) white people are supernumerary on each level;
(2) when must the transformation process in the Western Cape's department of correctional services be complete?
(3) whether she will make a statement on the matter? NW367E
REPLY
(1) The Department of Correctional Services (DCS) is a National Department which consists of six regions of which theWestern Cape is one. The approved DCS Employment Equity Plan guides the Department in its transformation agenda. The DCS is using the national demographics since 2006.
The workforce in the Western Cape as on 2012/02/01 is as follows:
COLOURED PEOPLE = 3030
INDIAN PEOPLE = 58
WHITE PEOPLE = 1406
AFRICAN PEOPLE = 2783
(2) The Departments' Employment Equity Plan was reviewed in 2009 and is applicable as from 2010-2014.
(3) No.
Reply received: June 2012
QUESTION NO: 282
Mr V B Ndlovu (IFP) to ask the Minister of Correctional Services:
(1) How many officials of her department have been (a) investigated for and (b) charged with corruption (i) in the (aa) 2007-08, (bb) 2008-09, (cc) 2009-10 and (dd) 2010-11 financial years and (ii) during the period 1 April 2011 up to the latest specified date for which information is available;
(2) Whether any of the said officials have been promoted whilst they were under investigation; if so, what are the relevant details;
(3) Whether any officials of her department have been found guilty of substance abuse on duty (a) in the (i) 2007-08, (ii) 2008-09, (iii) 2009-10 and (iv) 2010-11 financial years and (b) during the period 1 April 2011 up to the latest specified date for which information is available; if so, (aa) how many and (bb) what are the further relevant details;
(4) Whether any officials of her department have been found to have been promoted into positions they are not qualified to hold (a) in the (i) 2007-08, (ii) 2008-09, (iii) 2009-10 and (iv) 2010-11 financial years and (b) during the period 1 April 2011 up to the latest specified date for which information is available; if so, (aa) how many and (bb) what are the further relevant details;
(5) Whether any of the said officials have since been removed from the specified positions; if not, why not; if so, what are the relevant details? NW360E
REPLY
(1) (a) and (b),
* DCS Disciplinary Code Clause (i) refers. Data includes cases of theft, Bribery, Fraud and Corruption.
(i) (aa) 2007/08 - 424
(bb) 2008/09 - 143
(cc) 2009/10 - 87
(dd) 2010/11 - 172
(ii) 2011/12 up to 31 January 2012 - 69
(2) The Department is not aware of employees who were promoted whilst being investigated. If the honourable member is in possession of the names of individuals who allegedly have been promoted whilst investigations were pending, I would welcome such information to enable me to look into the possibility of erroneous promotions.
(3) Yes
The data for the number of guilty verdicts per misconduct category for the financial years 2007/2008/2009 and 2010 are not readily available in DCS Head Office and must be obtained from Management Areas. However, information about the number of cases registered per misconduct category and the successful prosecution rate per financial year are available. Based on averages it would be possible to provide approximate figures for the said financial years. The exact figure for the 2011/12 financial year up to 31 January 2012 is available and is provided below:
(a) (i) Yes
2007/08
48 – (61 cases were recorded with a successful prosecution rate of 78.5%)
(ii) Yes
2008/09
20 – (24 cases were recorded with a successful prosecution rate of 84.6)
(iii) Yes
2009/10
10 – (12 cases were recorded with a successful prosecution rate of 82.5%)
(iv) Yes
2010/11
83 – (110 cases were recorded with a successful prosecution rate of 75%)
(b) 2011/12 – up to 31 January 2012
71
(aa) Since 1 April 2007 a total of 232 employees have been found guilty on charges of substance abuse.
Approximate figure. Refer to the note above.
(bb) No further details are provided.
(4) No, posts in the department are filled in line with the requirements as advertised.
(5) Based on our response to question (4) above, the department has not removed any official from his/her position.
Reply received: March 2012
QUESTION NO: 261
Mr N J J van R Koornhof (Cope) to ask the Minister of Correctional Services:
Whether the new Brandvlei prison has been completed; if not, (a) why not and (b) what is the reason for the delay; if so, when will the prison be operational?
REPLY
Yes. (a) Falls away (b) The new Brandvlei Correctional Centre was handed over by the contractor to DPW and to DCS on 13 October 2011. The centre is not operational because the Information and Communication Technology (ICT) installation is not complete. The absence of the ICT system impacts on the facility in that there can be no data transfer, nor communication to and from the facility. Please note that the security and the prisoner management systems are fully installed and operational. Negotiations are currently underway with SITA to have the ICT system installed by the end of May 2012. The centre will be operational within 3 months of all systems being in place.
Reply received: March 2012
QUESTION NO: 169
Mr I M Ollis (DA) to ask the Minister of Correctional Services:
What amount was (a) claimed by and (b) paid to (i) her and (ii) her Deputy Minister for subsistence and travel in each month in the 2010-11 financial year? NW185E
REPLY
The following claims by the Minister of Correctional Services emanated from official international trips attached on this table:http://www.pmg.org.za/files/questions/QRNW169-2012.pdf
Reply received: March 2012
QUESTION NO: 155
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether she established a national preventative mechanism as required in terms of the United Nations Optional Protocol to the Convention against Torture (OPCAT); if not, (a) why not, (b) when is it envisaged that a national preventative mechanism will be established and (c) what steps has she taken to reach this specified deadline; if so, what are the relevant details;
(2) whether all officials in her department have been (a) trained and (b) educated regarding upholding their duties in terms of the specified Convention; if not, in each case, (i) why not and (ii) when will this be done; if so, what are the relevant details;
(3) whether she has found that (a) effective and (b) independent oversight structures exist that conduct regular visits to correctional facilities; if not, what is the position in this regard; if so, (i) what oversight structures exist, (ii) what are the (aa) objectives and (bb) functions of these specified structures and (iii) what are the findings of the specified structures with regard to it being (aa) effective and (bb) independent? NW171E
REPLY
(1) No, DCS is working jointly with relevant national departments such as Justice & Constitutional Development, South African Police Service, Home Affairs and Health to enact the prevention and combating of Torture Bill through Parliament, for the criminalization of torture and the cruel, inhumane or degrading treatment or punishment. South Africa is yet to ratify the OPCAT which once ratified allows Member States an initial period of a year to establish their National Preventative Mechanism (NPM) as per Article 17 of the OPCAT. This period may be extended upon request by the Member State to the Committee by a further 2 years.
Once ratified, South Africa will make available the funding for an effective and independent NPM. Through the various Government consultations which has been held in preparation for ratification a model for the NPM has been constructed, which will still be a subject for the approval of the Cabinet.
The accession to the OPCAT is the core function of DOJ & CD which does not fall within the ambit of the scope of DCS, however DCS is actively involved in the decision making process relating to the same accession and subsequent implementation of the NPM. There is at present an Inter-governmental Committee which has been established and headed by Department of Justice and Constitutional Development to fast track the accession to the OPCAT. The draft Cabinet memorandum seeking approval for accession is in existence which will be submitted to Cabinet after approval by the Minister of Justice and Constitutional Development.
(2) Falls away.
(3) Falls away
Reply received: March 2012
QUESTION NO: 74
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether Chinese inmates at Leeuwkop Correctional Facility are allowed to cook their food in the correctional facility's kitchen; if so, (a) why and (b) what are the further relevant details;
(2) Whether recreational programmes are conducted with the inmates; if not, (a) why not and (b) what is being done to remedy the situation; if so, what are the relevant details? NW81E
REPLY
(1) Yes
(a) Permission has been granted by the Management Area to cook their food in the Correctional facility's kitchen due to the fact that there is no Chinese cook amongst the current food handlers who are responsible for the preparation of food for the inmate population.
(b) According to departmental policy and procedures the preparation of food in departmental kitchens is based on what is on the approved ration scale. Any requests for deviation from the prescribed ration scale are recommended and/ or approved in the following manner:
Religious Diets
Provision is made to the incarcerated where eating of certain food items is prohibited by their religious beliefs. This diet shall be provided only when recommended by a leader of a religious group, a Regional Chaplain or a religious worker.
Cultural Diets
Provision is made to the incarcerated only when approved by the Head Correctional Centre or Area Commissioner based on the offender's cultural beliefs or belonging.
Therapeutic Diets
Therapeutic diets by the dietician or medical practitioner.
(2) Yes, Sport Recreation, Arts and Culture (SRAC) Programmes are offered to inmates at centre level up to National Championships.
(a) Falls away
(b) The following programmes are offered weekly and monthly to inmates:
Sports Programmes:
- Soccer
- Netball
- Volleyball
- Athletics
Recreational Programmes:
- Draft, Cards, Dominos etc
- Pool
- Kerim and Finger Board
- Table Tennis
- Aerobics, etc
Arts and Culture programmes
- Drama
- Drawing
- Painting
- Poetry
- Dance
- Choral Music etc
Programmes are offered for all categories of offenders i.e:
- Adult males
- Females
- Youth
- Juveniles
- Elderly
- Disabled
Reply received: March 2012
QUESTION NO: 73
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether new inmates undergo an induction process upon arriving at the Leeuwkop Correctional Facility; if not, (a) why not and (b) what steps have been taken to change this situation; if so, what are the relevant details;
(2) whether inmates are provided with (a) cleaning products, (b) toiletries and (c) stationery; if not, why not, in each case; if so, in each case, how (i) are these products distributed and (ii) often are these products provided;
(3) whether grievances of inmates are dealt with by the head of the correctional facility; if not, (a) why not and (b) how are grievances dealt with; if so, what are the relevant details;
(4) whether the case management committee conducts case management of prisoners bi-annually; if not, (a) why not and (b) what steps have been taken to ensure that these assessments are conducted; if so, what are the relevant details;
(5) whether social workers conduct assessments with all inmates on a quarterly basis; if not, why not; if so, what are the relevant details? NW80E
REPLY
It should be noted that Leeuwkop Management Area consists of four (4) Correctional centres namely:
- Leeuwkop Maximum
- Leeuwkop Medium A
- Leeuwkop Medium B (Juvenile Centre)
- Leeuwkop Medium C
Information will therefore be provided per Correctional Centre.
Leeuwkop Maximum
(1) Yes
(a) and (b) fall away
Leeuwkop Maximum Correctional Centre is a detention Centre and does not admit offenders directly from court. Offenders are admitted from other correctional centres. Induction is therefore limited to the rules and regulations of Leeuwkop Maximum Correctional Centre.
(2) (a) Yes
(b) Yes
(c) Yes
(i) and (ii): Offenders are provided with cleaning material for their personal hygiene upon admission as well as with toiletries. These products are also provided to offenders on a fortnightly basis or when the need arises. Stationary is provided in the beginning of the year and mid year after enrolment of studies as well as when the need arises.
(3) Yes
(a) Falls away
(b) Complaints, grievances and requests are registered in the G365 Complaints/Requests register and managed in terms of specific time frames and responsibilities. Offenders are also encouraged to make use of the Independent Correctional Centre Visitor who is independently deployed by the Office of the Inspecting Judge.
(4) Yes
(a) And (b) fall away
(5) No, only two Social Workers are working at the centre and it is not possible to assess all offenders on quarterly basis
Leeuwkop Medium A
(1) Yes
(d) and (b) fall away
Leeuwkop Medium A Correctional Centre is a detention Centre and does not admit offenders directly from court. Offenders are admitted from other correctional centres. Induction is therefore limited to the rules and regulations of Leeuwkop Medium A Correctional Centre.
(2) (a) Yes
(b) Yes
(b) Yes
(i) and (ii): Offenders are provided with cleaning material for their personal hygiene upon admission as well as with toiletries and thereafter on a weekly basis. Stationary is provided in the beginning of the year and mid year after enrolment of studies as well as when the need arises.
(3) Yes
(a) Falls away
(c) Complaints, grievances and requests are registered in the G365 Complaints/Requests register and managed in terms of specific time frames and responsibilities. Offenders are also encouraged to make use of the Independent Correctional Centre Visitor who is independently deployed by the Office of the Inspecting Judge. The Participative Management Committee (PMC) also holds meetings with the Head of the Correctional Centre to resolve complaints of general interests.
(4) Yes
(a) and (b) fall away
(5) No, Social Workers do not conduct assessments on a quarterly basis with all offenders due to the shortage of staff
Leeuwkop Medium B (Juvenile Centre)
(1) Yes
(a) and (b) fall away
Leeuwkop Medium A Correctional Centre is an admission and detention Centre admit offenders directly from court as well as from other correctional centres. Induction is conducted to all newly admitted offenders
(2) (a) Yes
(b)Yes
(c)Yes
(i) and (ii): Offenders are provided with cleaning material for their personal hygiene upon admission as well as with toiletries and thereafter on a fortnightly basis. Stationary is provided in the beginning of the year and mid year after enrolment of studies as well as when the need arises.
(3) Yes
(a) Falls away
(b) Complaints, grievances and requests are registered in the G365 Complaints/Requests register and managed in terms of specific time frames and responsibilities. Offenders are also encouraged to make use of the Independent Correctional Centre Visitor who is independently deployed by the Office of the Inspecting Judge.
(4) Yes
(a) and (b) fall away
(5) No, assessments are conducted on a bi-annual basis instead of a quarterly basis due to a staff shortage.
Leeuwkop Medium C
(1) Yes
(a) and (b) fall away
Reply received: June 2012
QUESTION NO: 85
Mr J Selfe (DA) to ask the Minister of Correctional Services:
(1) Whether she attended the African Union Summit in Addis Ababa on 30 January 2012; if not, why not; if so, (a) in what capacity, (b) at what cost and (c) for what purpose;
(2) Whether the cost of her (a) travel and (b) accommodation were defrayed against the budget of her department; if not, what other department or entity covered her cost; if so, what benefit did her department obtain from her attendance at the Summit? NW93E
REPLY
(1) Yes
(a)(c) In my capacity as Minister of the State, forming part of the SA delegation to the AU Summit
(a) R176,890 breakdown is as follows:
Flight tickets R49,680 X 3 (including support staff) = R149,040
Accommodation for the Ministerial entourage was USD 449 X 2days X 3 = USD 2,694 = R 20,876
Allowance US$ 300 X3 = USD 900 = R 6,974
R176,890
(2) Yes, the cost of travel by Ministers of the State while on official duty are covered by their respective Departments.
The attendance of the AU Summit is not a Department activity, the benefit of our participation are for South Africa as a country and for the advancement of our foreign policy objectives.
Reply received: March 2012
QUESTION NO: 19
Adv L H Max (DA) to ask the Minister of Correctional Services:
What (a) are the academic qualifications and (b) is the previous work experience of (i) regional commissioners and (ii) all senior management at her department's head office?
REPLY
Attached as Annexure 1 is a list of senior managers as at 08 February 2012.
Reply received: February 2012
QUESTION NO: RNW17
Adv L H Max (DA) to ask the Minister of Correctional Services:
(1) (a) How many inmates were granted parole in the 2010-11 financial year and (b) what is the breakdown of the crimes for which these parolees were convicted;
(2) (a) how many of the inmates who were released were rearrested for crimes committed during their period of parole and (b) what is the breakdown of the crimes for which these parolees were rearrested? NW21E
REPLY
(1)(a) The total and breakdown of all offenders that were placed on parole in the 2010/2011 is as follows:
24 months and more = 16 022
Less that 24 months = 16 273
Total = 32 295
(b) The breakdown of offences is here: http://www.pmg.org.za/files/questions/QRNW17-2012.pdf
Reply received: March 2012
QUESTION NO: 2
Mr M H Hoosen (ID) to ask the Minister of Correctional Services:
With reference to her reply to lapsed question no 3272 of 2011, which specified travel agencies have been contracted by her office (a) in the 2010-11 financial year and (b) during the period 1 April 2011 up to the latest specified date for which information is available? NW3E
REPLY
NB: The detail below covers both domestic and international travel.
(a) The total expenses was R6 010 442-97 for the financial year 2010/ 11.
- Accommodation : R1 512 849-72
- Car rental : R 545 444-20
- Conference : R 150 427-10
- Domestics air : R2 247 709-45
- Emergency support : R 535-00
- International air : R1 482 084-00
- Rail international : R 420-00
- Shuttle : R 52 173-50
- Rail domestics : R 15 200-00
- Travel insurances : R 3 600-00
TOTAL : R6 010 442-97
(b) The total expenses was R2 750 003-79 for the period 01st April to 31 October 2011
- Accommodation : R 522 283-65
- Car rental : R 200 405-40
- Conference : R 260 709-54
- Domestics air : R1 163 879-00
- International shuttle : R 568 216-00
- Shuttle : R 29 435-20
- Bus service : R 380-00
- Travel insurances : R 4 695-00
TOTAL : R2 750 003-79