Questions & Replies: Correctional Services

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2013-03-04

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Reply received: September 2013

QUESTION NO: 1996

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(a) At how many correctional facilities has the Adult Education and Training (ABET) programme been rolled out since 1 April 2013, (b) how many inmates have been enrolled in the programme to date and (c) how many additional staff members have been employed at each specified correctional centre in this regard? NW2352E

REPLY:

(a) The programme has been rolled out to an additional 75 Correctional Centres since 01 April 2013, and this brings the total to 140 Correctional Centres where the Adult Education and Training (AET) programme is presented.

(b) Nine thousand two hundred and ninety eight (9298) offenders were reported to be involved in AET programmes as at 30 June 2013.

(c) No additional DCS officials were appointed in this regard.

Reply received: September 2013

QUESTION NO: 1995

Mr J Selfe (DA) to ask the Minister of Correctional Services:

How many inmates in each specified correctional centre (a) qualified for parole and (b) were

placed on parole in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years? NW2351E

REPLY

(a) Offenders who qualified for parole attached as Annexure 1

(b) Offender who were placed on parole attached as Annexure 2

(Please note that the annexure is too big and cannot be sent by e-mail.)

Reply received: December 2013

QUESTION NO: 1907

Mr T W Coetzee (DA) to ask the Minister of Correctional Services:

What was the (a) make, (b) model, (c) year, (d) purpose, (e) date and/or dates, (f) financial cost and (g) sum total of kilometres driven in respect of each vehicle hired for use by (i) him and (ii) the Deputy Minister since 1 January 2012? NW2256E

REPLY :

(a), (b), (c), d), (e), (f) and (g) (i) & (ii)

The purpose of the hiring of vehicles for the Minister and Deputy Minister of Correctional Services (in regions where they do not have official vehicles, except Cape Town and Pretoria), is to assist them in the execution of the responsibilites as the Executive of the Department of Correctional Services.

Minister Ndebele

Make & Model

Date Out

Date In

Financial Cost

Total Km Driven

MERCEDES BENZ E CLASS

2012-07-28

2012-07-30

R 9 242.16

539

JAQUAR XF

2012-08-06

2012-08-06

R 2 406.82

91

Merecdes benz E CLASS

2012-08-10

2012-08-10

R 2 077.92

25

Mercedes benz E CLASS

2012-09-15

2012-09-17

R 10 038.61

444

MERCEDES BENZ E CLASS

2012-10-19

2012-10-22

R 11 789.15

790

MERCEDES BENZ E CLASS

2012-11-02

2012-11-02

R 684.00

45

MERCEDES BENZ E CLASS

2012-11-22

2012-11-26

R 11 634.36

515

MERCEDES BENZ E CLASS

2012-12-21

2012-12-24

R 13 031.03

878

Mercedes benz e class

2013-02-09

2013-02-13

R 13 603.41

946

MERCEDES BENZ E CLASS

2013-03-17

2013-03-19

R 12 299.11

778

MERCEDES BENZ E CLASS

2013-04-13

2013-04-15

R 11 087.19

803

MERCEDES BENZ E CLASS

2013-06-14

2013-06-18

R 16 099.72

1 112

MERCEDES BENZ E CLASS

2013-07-14

2013-07-18

R14 883.41

582

Deputy Minister

Make & Model

Date Out

Date In

Financial Cost

Total Km Driven

MERCEDES BENZ C CLASS

2013-02-16

2013-02-17

R 2 348.07

252

MERCEDES BENZ C CLASS

2013-05-22

2013-05-23

R 2 490.46

244

MERCEDES BENZ S CLASS

2013-09-22

2013-09-23

R 4 798.54

245

MERCEDES BENZ C CLASS

2013-10-24

2013-10-25

R 1 792.06

89

Reply received: August 2013

QUESTION NO: 1884

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Did his department enter into a memorandum of agreement with a certain art gallery (name furnished); if so, what (a) was his department's role in the agreement and (b) were the deliverables on both sides of the agreement;

(2) did his department honour the agreement; if not, why not? NW2233E

REPLY

(1) No.

(2) Not applicable as no agreement was entered into.

Reply received: September 2013

QUESTION NO: 1883

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) (a) What was the cost for the 2013 National Offender Creative Arts Awards dinner, (b) who was invited to attend the dinner and (c) who were the sponsors of the event;

(2) what was the stated purpose of the event? NW2232E

REPLY

(1) (a) The cost of the 2013 National Offender Creative Arts Awards dinner was

R60 000,00.

(b) The following people were invited:

· Department of Correctional Services' Senior Management from Head Office;

· Regional Commissioners and Senior Management from Regions;

· Service providers who render programmes and services to offenders within the Western Cape Region;

· Stakeholders from the Department of Arts and Culture National Office and Western Cape Provincial Office;

· Portfolio Committee on Correctional Services; and

· Regional first prize winners

(c) There were no sponsors.

(2) The event served as the Awards Ceremony of the National Offender Creative Arts Competition and coincided with the official opening of the Good Hope Art Gallery as well as the launch of the Poetry Book by Offenders titled: "UNCHAINED".

Reply received: September 2013

QUESTION NO: 1882

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) (a) What amount has been allocated to the roll-out of the Reading for Redemption programme, (b) how many correctional centres are currently participating in the programme and (c) how many books have been donated towards it to date;

(2) (a) what incentives exist for inmates to participate in the programme and (b) how many inmates have been taught to read through the programme to date? NW2231E

REPLY

(1) (a) No amount has been specifically allocated for the programme, however, funds have been set aside for this programme.

(b) A phased approach is followed to include as many Correctional Centres as possible in this programme. The phases are as follows:

· Phase 1 – Establishing a culture of reading at all Correctional Centres

· Phase 2 – Developing a policy framework

· Phase 3 – Running a pilot project at selected Management Areas.

Only Correctional Centres with available library services will be affected in the 2013/14 financial year and the focus until September 2013 will be on Phase 1.

(c) A total of 68 237 books have been donated.

(2) (a) Possible incentives will be considered and included during Phase 2 – policy development.

(b) The total of 1 612 offenders are participating in Reading programmes across the country.

Reply received: September 2013

QUESTION NO: 1822

Dr H C van Schalkwyk (DA) to ask the Minister of Correctional Services:

(1) How many consultants has his department contracted and/or appointed (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12 and (iv) 2012-13 financial years and (b) since 1 April 2013;

(2) how many consultants contracted and/or appointed by his department (a) in the (i) 2009-10, (ii) 2010-11, (iii) 2011-12 and (iv) 2012-13 financial years and (b) since 1 April 2013 are former officials of his department and/or former public servants? NW2170E

REPLY

(1) (a) (i), (ii), (iii), (iv) and (b)

FINANCIAL YEAR

NUMBER OF CONSULTANTS

APPOINTED/ CONTRACTED

2009/10

204

2010/11

123

2011/12

92

2012/13

35

As at 01 April 2013

33

(2) (a) (i), (ii), (iii), (iv) and (b)

FINANCIAL YEAR

NUMBER OF CONSULTANTS

APPOINTED/ CONTRACTED

2009/10

01

2010/11

0

2011/12

0

2012/13

0

As at 01 April 2013

0

Reply received: August 2013

QUESTION NO: 1789

Mr M Mnqasela (DA) to ask the Minister of Correctional Services:

What (a) buildings under the administration of (i) his department and (ii) entities reporting to him

are national key points and (b) criteria were used to classify them as such? NW2136E

REPLY

This question should be directed to the Minister of Police due to the fact that the National Key Points Administration falls under his responsibility.

Reply received: August 2013

What is the (a) make, (b) model, (c) year and (d) purchase price of each vehicle that was bought for official use by (i) him and (ii) the Deputy Minister since 1 January 2012? NW2102E

REPLY

(a) - (d) (i)

No vehicles were bought for official use by the Minister of Correctional Services since 1 January 2012

One (1) was purchased for the Deputy Minister as follows:

(a) (ii) BMW

(b) (ii) X6 Drive 4. 0d

(c) (ii) 2012

(d) (ii) Vehicle purchase price was R877 768,80

QUESTION NO: 1755

Mr S B Farrow (DA) to ask the Minister of Correctional Services:

What is the (a) make, (b) model, (c) year and (d) purchase price of each vehicle that was

bought for official use by (i) him and (ii) the Deputy Minister since 1 January 2012? NW2102E

REPLY

(a) - (d) (i)

No vehicles were bought for official use by the Minister of Correctional Services since 1 January 2012

One (1) was purchased for the Deputy Minister as follows:

(a) (ii) BMW

(b) (ii) X6 Drive 4. 0d

(c) (ii) 2012

(d) (ii) Vehicle purchase price was R877 768,80

Reply received: August 2013

QUESTION NO: 1674

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether an investigation was conducted into the case management committee (CMC) at Zonderwater Correctional Centre following the conversion of sentence of certain offenders (names furnished) in December 2011; if so, what was its (a) findings and (b) recommendations;

(2) was any disciplinary action taken against any officials of the CMC; if not, why not; if so, what action? NW2021E

REPLY

(1) Yes, an investigation was conducted.

(a) It was found that the Chairpersons of the case management committee (CMC) for

Medium A and Medium B should be subjected to a formal disciplinary hearing.

(b It was recommended that formal disciplinary action be taken against the officials.

(2) Yes, the Chairperson: CMC Zonderwater Medium A Correctional Centre was found guilty and dismissed, and the Chairperson: CMC Zonderwater Medium B Corectional Centre was found guilty and given a final written warning.

Reply received: August 2013

QUESTION NO: 1673

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether the Zonderwater Correctional Supervision and Parole Board was suspended in 2012; if so, on what grounds;

(2) whether an investigation was conducted into the members of the board; if so, (a) when and (b) what were the findings;

(3) whether any disciplinary action was taken against any of the members of the board; if not, why not; if so, what action? NW2020E

REPLY

(1) Yes, the Parole Board was suspended for failing to carry out a lawful order without just or reasonable cause, in that they handled the application for conversion of sentence with regard to the said offenders, contrary to the relevant policy.

(2) Yes.

(a) An investigation was conducted and finalized on 16 March 2012.

(b) It was found that the Chairperson, Vice-Chairperson and the Secretary of the Correctional Services Parole Board (CSPB) must be subjected to formal disciplinary hearings.

(3) Yes, disciplinary action was taken and the following sanctions were given:

The Chairperson was found guilty and dismissed;

The Vice-Chairperson's case could not be heard as his contract expired on 23 May 2012; and

The Secretary was found guilty and suspended for two months without salary.

Reply received: August 2013

QUESTION NO: 1672

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether a certain offender (name and details furnished) has been assessed in terms of section 38(1) of the Correctional Services Act, Act 111 of 1998; if not, why not; if so, when;

(2) whether the offender has received a correctional sentence plan in terms of section 38(2) of the Act; if not, why not; if so, (a) when and (b) what are the further relevant details;

(3) whether the offender has been granted a special remission of sentence; if so, what are the relevant details? NW2019E

REPLY

(1) Yes. The initial assessment of the Offender was concluded by the Case Management Committee (CMC) at Kimberley Correctional Centre on 17 May 2012. Following his admission at Tswelopele Correctional Centre on 9 July 2013, he was again assessed on 11 July 2013.

(2) (a) and (b)

Yes, assuming that the honourable Member actually refers to section 38 (2) of the Correctional Services Act, 1998 (Act No 11 of 1998). The Chairperson of the CMC at Kimberley Correctional Centre approved the Correctional Sentence Plan on 21 May 2012. His Correctional Sentence Plan was re-evaluated at Tswelopele Correctional Centre on 11 July 2013. The offender must again appear in court on 6 September 2013 and 9 October 2013 respectively in connection with two further criminal charges. Once the further charges are finalized, his Correctional Sentence Plan will again be re-evaluated.

(3) Yes, the offender received eighteen (18) months Special Remission of Sentence, granted by the President on 27 April 2012.

Reply received: August 2013

QUESTION NO: 1476

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether (a) employees and (b) dependents of employees of his department currently occupy flats in (i) Sadella Court and (ii) Marken Court in Kenilworth, Cape Town; if so, in each case, (aa) how many, (bb) at which correctional facilities do the employees work and (cc) for what period have they occupied the flats in which they reside at present;

(2) are any of the flats occupied by (a) persons and (b) dependents of persons who are not in the employ of his department; if so, in each case, (i) on what grounds are they occupying the flats, (ii) for what period have they occupied the flats in which they reside at present and (iii) what steps has his department taken to evict them? NW1819E

REPLY:

(1) (a), (b) (i) and (ii) Yes

(aa) 17 families

(bb) Pollsmoor Management Area

(cc) Dates of occupation vary from one official to another, however these flats were occupied from 01 October 2004.

(2) (a), (b) (i), (ii) and (ii)

No. Persons who are not employed by the Department are not allowed to stay in these residences as there are policies that regulate occupation of state accommodation.

Reply received: August 2013

QUESTION NO: 1460

Dr C P Mulder (FF Plus) to ask the Minister of Correctional Services:

(1) How many members of staff were in the employ of his department (a) in (i) 2009, (ii) 2010, (iii) 2011 and (iv) 2012 and (b) since 1 January 2013;

(2) (a) how many of these staff members were (i) members of a trade union and (ii) not members of a trade union and (b) of which individual trade unions were these workers members;

(3) whether all above-mentioned trade unions are recognised by his department; if not, why not; if so, what are the relevant details? NW1805E

REPLY

(1) (a) The total numbers of officials in the employ of the Department are as follows:

(i)

Year

Total staff

2009

41209

(ii)

2010

40200

(iii)

2011

39994

(iv)

2012

40070

(b)

2013

39983

(2)(a) (i) & (b)

OFFICIAL ASSOCIATION

2009

2010

2011

2012

2013

DENOSA

449

458

472

488

516

HOSPERSA/INDEMNITY

72

73

75

83

83

NEHAWU MEMBER

118

102

167

193

194

NPSWU

2

1

2

4

4

NUPSAW

763

714

670

632

605

PAWUSA

4

4

3

3

3

POPCRU

30275

29126

28186

28914

28587

PSA

11913

12246

12249

12521

12417

SADNU

11

13

16

0

0

SAMA

2

2

2

1

1

SAPU

231

217

235

288

281

SASAWU

6

6

6

3

2

SACOSWU

0

548

1476

1583

1550

UNIPSAWU

0

0

0

1

1

*GRAND TOTAL

43846

43510

43559

44714

44244

* It should be noted that the figures above include members with dual membership - this

then means the grand total exceeds the staff compliment.

(ii) Members not belonging to a trade union are as follows:

· 2009 – 1355

· 2010 – 1097

· 2011 – 1425

· 2012 – 850

· 2013 - 1263

(3) No, only PSA and POPCRU trade unions are recognised. The reason for the other trade unions not to be recognised by the Department, is that the Department of Correctional Services recognises only trade unions falling under the scope of General Public Service Sectoral Bargaining Council (GPSSBC), and they should meet the required threshold as per General Public Service Sectoral Bargaining Council Resolution 2 of 2003.

Reply received: August 2013

QUESTION NO: 1411

Mr S Mokgalapa (DA) to ask the Minister of Correctional Services:

What amount did his department spend on (a) promotional items and (b) cocktail receptions on the occasion of his 2013 Budget Vote debate? NW1753E

REPLY:

(a) and (b)

The Department of Correctional Services (DCS) engaged in proactive Budget Vote communications with key stakeholders including members of the community and members of the media by means of media briefings and a cocktail function with stakeholders on the day of the Budget Vote. This information sharing process enabled the DCS to articulate key programmes for the coming year and demonstrated Government's commitment to serving the needs of the South African public through concrete and measurable objectives.

The Budget Vote engagements created an opportunity for interactions between the Department and stakeholders, to communicate information which enables citizens to exercise their democratic right to hold Government accountable.

The amount spent by the Department will appear in the audited financial statements at the end of the financial year.

Reply received: August 2013

QUESTION NO: 1370

Mr V B Ndlovu (IFP) to ask the Minister of Correctional Services:

Whether his department has a strategy to deal with gangsterism inside prisons; if not, why not; if so, what are the relevant details? NW1609E

REPLY

Yes, it should however be noted that gangs are constantly evolving (both in Correctional Centres and communities). Thus it requires constant and active revision of strategies to counteract the dynamics of a continuously changing criminal environment. The relevant details of the gang management strategy are as follows:

§ Objective 1: To maintain a secure and safe environment that is conductive to the rehabilitation of inmates and the attendance of remand detainees in court processes

Ø Strategy 1: Create and maintain a safe and secure environment through dynamic and proactive risk management

Ø Strategy 2: To respond promptly effectively and comprehensive to incidents and threats to the safety and security of inmates, the centre and staff

§ Objective 2: To facilitate the management approach to prevent and reduce the impact of disruptive groups (e.g. gang) on the Management Centres;

Ø Strategy 1: To reduce the context and motivational aspects for disruptive groups (e.g. gang) formation and activity by ensuring the rights of inmates under the UNCAT, Constitution and Correctional Services Act

Ø Strategy 2: Development and implementation of an intelligence and information management system

§ Objective 3: To enable inter-sectoral co-operation (i.e. government and civil society) to promote Correctional Centre and Community safety

Ø Strategy 1: Establish inter-sectoral forums to promote Correctional Centre and community safety;

§ Objective 4: To address the potential negative effects of incarceration;

Ø Strategy 1: Effective and proper orientation of inmates on admission and during incarceration

Ø Strategy 2: Develop and implement proper programmes within a structured day programme to keep inmates effectively busy with purposeful activities

§ Objective 5: To develop and build knowledge about gangs and effective responses in gang management to inform, review and monitor / improve these strategic

Ø Strategy 1: Ongoing research to improve knowledge on gangs and other disruptive inmates groups and creating safer Correctional Centres

The existence of gangs and gang related activities are a common phenomenon in Correctional Services all over the world with obvious mutations depending on a number of variables. Gangs are deep rooted in the South African society, both inside and outside Correctional Centres and Departmental strategies, and in this regard will not bear total success overnight. There is already varying levels of cooperation between regional Correctional Services' offices and their counterparts in other agencies (including the South African Police Service and the State Security Agency) with regard to the monitoring of various gangs and their activities. The matter of gangs has also been elevated to the National Joint Operations and Intelligence Structures (NatJoints) where it is currently considered with a view to formulating a more dynamic and integrated responses.

It must be noted that the primary task of the gang management task team – which is a precursor for the gang management unit – is meant to be a platform for sharing knowledge and best practices across the organization. A gang management unit (once establishment) will be responsible for more operational work such as profiling and prioritization of targets as part of a broad effort to contain gangs. The gang management unit will be there to serve as a hub of operational knowledge and constraints it is neither possible nor feasible to have a gang management unit in each centre. Each management area, however, constantly strives to acquire knowledge of gangs and their modus operandi in order to ensure that these are shared with others to constantly assess the risk of gang related violence and incidents.

Reply received: June 2013

QUESTION NO: 1319

Mrs P C Duncan (DA) to ask the Minister of Correctional Services:

(1) Whether (a) he, (b) his deputy minister, (c) any specified officials and (d) any other persons have been issued with a government or official credit card (i) in the (aa) 2011-12 and (bb) 2012-13 financial years and (ii) since 1 April 2013; if so, in each instance, what is the (aaa)(aaaa) name and (bbbb) job title of each person to whom a credit card was issued, (bbb) credit limit, (ccc) outstanding amount as at the latest specified date for which information is available, (ddd) monthly expenses incurred for each month since receiving the credit card, (eee) reason for such a person being issued with a credit card and (fff) uses that such a credit card is intended for;

(2) whether the credit limit of any specified credit card was exceeded at any time since it was issued; if so, (a) whose credit cards are over the limit and (b) what is the reason for the credit card exceeding the limit? NW1649E

REPLY:

(1) (a), (b), (c) and (d) (i), (aa) (bb) and (ii)

The Minister of Correctional Services, Honourable Sibusiso Ndebele, MP, has not been issued with an official credit card since assuming duties at the Department of Correctional Services. The corporate credit cards have been issued to the following persons:

- The Deputy Minister of Correctional Services, Adv Ngoako Ramatlhodi, MP

- The National Commissioner of Correctional Services, Mr Thomas Moyane

(aaa) (aaaa) and (bbbb) (bbb) and (ccc)

Name

Job Title

Credit Limit

(R)

Amount outstanding as per 27 May 2013 bank statement

(R)

Adv Ngoako Ramatlhodi, MP

Deputy Minister of Correctional Services

100 000.00

12 455.45

Mr Thomas Moyane

National Commissioner of Correctional Services

100 000.00

390.00

(ddd)

Financial Year

Month

Deputy Minister

National Commissioner

2011/12

April

R4966.00

790.00

May

R1046.00

0.00

June

R841.00

5284.23

July

R4361.20

1658.70

August

R679.00

0.00

September

R2458.00

196.00

October

R3174.80

1131.00

November

R1107.42

471.59

December

R363.00

259.65

January

R2576.55

869.00

February

R10584.17

1152.50

March

R2422.10

0.00

2012/13

April

R5394.58

0.00

May

R3490.00

216.20

June

R2726.00

399.20

July

R0.00

0.00

August

R13724.45

0.00

September

R11921.71

567.84

October

R4693.00

221.00

November

R15216.50

0.00

December

R457.00

144.40

January

R5970.80

0.00

February

R9389.00

0.00

March

R42461.71

187.50

2013/14

April

R26711.52

0.00

May

R12455.45

390.00

(eee)

Credit cards are issued in the Department for the Deputy Minister and National Commissioner for entertainment expenses, official transport, accommodation and subsistence for official purposes only.

(fff)

A corporate credit card may be used to cater for entertainment expenses (meetings held with internal and external stakeholders) official transport, accommodation and subsistence for official purposes only.

(2) None of the credit cards were ever over the set credit limits.

(a) and (b) Fall away.

Reply received: June 2013

QUESTION NO: 1222

Mr S B Farrow (DA) to ask the Minister of Correctional Services:

What amount has his department spent on (a) catering and (b) entertainment in the (i) 2012-13 financial year and (ii) since 1 April 2013? NW1468E

REPLY

(a) and (b) (i) and (ii)

I would like to inform the Honourable Member that the 2012-13 annual reports of all government departments are due for submission in Parliament in September of this year. Therefore, since the amounts spent on catering and entertainment in the 2012-13 financial year (as well as from 1 April 2013) in the Department of Correctional Services have not been audited yet, it cannot be made available at this stage.

Please note that once the financial statements have been audited, all details will appear in the 2012-13 annual report.

Reply received: September 2013

QUESTION NO: 1119

Mrs M Wenger (DA) to ask the Minister of Correctional Services:

(a) What total amount has (i) his department and (ii) each specified entity reporting to him spent on conferences in the (aa) 2009-10, (bb) 2010-11, (cc) 2011-12 and (dd) 2012-13 financial years and (b) what (i) amount was spent on, and (ii) is the breakdown of the expenditure for, each specified conference? NW1352E

REPLY

For the purposes of this reply, a conference is a meeting called by the Department lasting two or more days, in which people with common interest (external stakeholders) participate in discussions.

Below are details of such meetings held:

(a) (i) and (ii) (aa), (bb), (cc) & (dd)

Year

Amount spent

2009/10

None

2010/11

R849 000.00

2011/12

R394 344.30

2012/13

R2 240 227.15

(b) (i) and (ii)

Year

Name of Conference

Breakdown

Amount spent

2010/11

Southern African Development Community (SADC) Commissioner's Forum

67 Delegates (accommodation, transport and Conference package

R849 000.00

2011/12

Integrated Employee Health and Wellness (IEHW) Conference

84 delegates (accommodation, conference package)

R394 344.30

2012/13

National Correctional Services Parole Board and Case Management Committee Workshop

300 Delegates (accommodation and meals)

R1 130 791.05

SADC Meeting (Co-hosted with the Department Home Affairs)

49 Delegates (accommodation, transport and Conference package

R742 428.00

Colloquium : Towards finding solutions for South Africa's high rate of Incarceration and breaking the cycle of crime

175 Delegates (accommodation, conference package)

R367 008.10

Reply received: September 2013

QUESTION NO: 1087

Mr T D Harris (DA) to ask the Minister of Correctional Services:

(1) What total amounts has (a) his department and (b) each specified entity reporting to him spent on (i) print and (ii) broadcast advertising in the (aa) 2009-10, (bb) 2010-11, (cc) 2011-12 and (dd) 2012-13 financial years;

(2) in each case, (a)(i) by which radio or television station were the advertisements broadcast and (ii) in which newspapers were the advertisements published in the (aa) 2009-10, (bb) 2010-11, (cc) 2011-12 and (dd) 2012-13 financial years and (b) at what cost in each specified case?

NW1320E

REPLY

It should be noted that no advertisements were placed by means of broadcast advertising.

In some instances an advertising agency was utilized and payment was then made to the agency directly, and not the newspaper, so the cost per advertisement can therefore not be established. Normally, when an advertisement is placed in a newspaper, the same advertisement is placed in a "sister newspaper" at no extra cost.

(1) and (2)

2009/2010

(i) PRINT MEDIA

COST

CITY PRESS & RAPPORT

R231 446.16

SUNDAY TIMES

R199 940.40

TENDER BULLETIN

R15 129.78

TOTAL

R446 516.34

2010/2011

(i) PRINT MEDIA

COST

SUNDAY TIMES

R867 841.90

CITY PRESS & RAPPORT

R550 067.30

CITY PRESS

R11 280.00

NEW AGE

R321 697.00

CITY PRESS & NEW AGE

R195 000.00

THE TIMES AND NEW AGE

R97 998.00

TENDER BULLETIN

R1 096.39

TOTAL

R2 044 981.00

2011/2012

(i) PRINT MEDIA

COST

CITY PRESS

R2 536 379.59

THE NEW AGE

R382 486.00

DAILY SUN

R23 906.82

ILANGA

R12 173.02

CAPE TIMES

R14 568.30

DAILY DISPATCH

R8 585.22

EP HERALD

R8 042.58

EXPRESS,

R4 736.24

MAIL LOWVELDER

R8 707.81

MPUMALANGA NEWS

R5 694.54

NORTHERN REVIEW

R6 483.72

SOWETAN

R37 057.86

THE TIMES

R14 592.00

SUNDAY TIMES

R495 025.1

BUSINESS DAY

R27 076.14

MAIL & GUARDIAN

R50 017.50

TOTAL

R3 635 532.44

2012/2013

(i) PRINT MEDIA

COST

CITY PRESS

R2 121 553.00

SUNDAY TIMES

R761 848.80

SUNDAY TIMES, CITY PRESS, SOWETAN, RAPPORT & BEELD

R460 600.00

TENDER BULLETIN

R17 792.53

TOTAL

R1 452 794.00

Reply received: August 2013

QUESTION NO: 965

Ms M R Shinn (DA) to ask the Minister of Correctional Services:

(1) Since 1 January 2011, how many applications under the Promotion of Access to Information Act, Act 2 of 2000, were received by (a) his department and (b) entities reporting to him, and in each case, how many were (i) granted, (ii) refused and (iii) deemed refused under section 27;

(2) since 1 January 2011, how many internal appeals under the Act were received by (a) his department and (b) entities reporting to him, and in each case, how many were (i) granted, (ii) refused and (iii) deemed refused under section 77(7);

(3) who is the information officer for (a) his department and (b) each entity reporting to him, and in each case, what are the contact details of the officer?

NW1188E

REPLY

It should be noted that reporting is done over a financial year and not a calendar year.

Reporting period: 01 April 2011-31 March 2013

Questions

Answers

1 (a) Number of PAIA request received by the Department of Correctional Services

102

(b) Number of PAIA request received by entities reporting to the Minister of Correctional Services

Nil

(i) How many were granted

49

The outstanding are at various stages for finalization for the period 2011/12-2012/13 financial year.

(ii) How many were refused

1

(iii) How many were deemed refused in under section 27

Nil

2 (a) How many internal appeals were received by the Department of Correctional Services

2

(b) How many internal appeals were received by entities reporting to the Minister

n/a

(i)Number of instances where requests were granted as a result of an internal appeal

Nil

(ii) Number of instances where requests were refused despite internal appeal

Nil

(iii) Number of instances where internal appeal were deemed refused under section 77(7)

Nil

3(a) Who is the Information Officer for the Department of Correctional services

Mr T S Moyane (Department of Correctional Services)

(b) Who is the Information Officer for each entity reporting to the Minister of Correctional Services

Mr A Carelse (Judicial Inspectorate for Correctional Services)

(i)What are the contact details of the Information Officer For Correctional Services

Department of Correctional Services

Private bag X136

Pretoria

0001

Tel: (012) 3072154

Fax:(012) 3286149

Cell: 0723416559

(ii) What are contact details of the entity reporting to the Minister of Correctional services

Judicial Inspectorate of Correctional Services

Private bag X9177

CAPE TOWN

0001

Tel: (021) 421 1012

Reply received: August 2013

QUESTION NO: 953

Ms D Kohler-Barnard (DA) to ask the Minister of Correctional Services:

(1) Regarding CAS 8/4/96 filed at the Howick Police Station, was an investigation ever conducted into the prison escape which resulted in the death of two people on 1 April 1996; if so, (a) were any members of his department found guilty of assisting in the escape and (b) were any disciplinary steps subsequently taken; if not, why not;

(2) were the prisoners who escaped subsequently re-imprisoned? NW1176E

REPLY

(1) No, the Department of Correctional Services has no record of a prison escape relating to the said case number.

(2) Not Applicable

Reply received: September 2013

QUESTION NO: 950

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether an enquiry was instituted into the escapes that occurred from the Harrismith Correctional Centre in 2011; if not, why not; if so, (a) who instituted the enquiry, (b) who conducted the enquiry and (c) what were the findings;

(2) whether the recommendations of the enquiry were implemented; if not, why not; if so, (a) which recommendations and (b) with what effect? NW1172E

REPLY

(1) (a), (b) and (c)

No, as there is no record of an escape at the Harrismith Correctional Centre in 2011.

(2) (a) and (b)

Fall away.

Reply received: June 2013

QUESTION NO: 949

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) What is the average inmate population of Grootvlei Medium B Correctional Centre;

(2) how many (a) custodial and (b) administrative staff work at this centre? NW1171E

REPLY

(1) As at 06 May 2013, 253 inmates were accommodated at the Grootvlei Medium B Correctional Centre.

(2)(a) Custodial staff: 133

(b) Administrative staff: 34

Reply received: June 2013

QUESTION NO: 948

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) How many inmates are accommodated on average in the Harrismith Correctional Centre;

(2) How many (a) custodial and (b) administrative staff work at this centre;

(3) Whether the head of the centre has been appointed on a permanent basis; if not, (a) why not and (b) for how long has the head of the centre been acting in that capacity?

NW1170E

REPLY

(1) As at 06 May 2013, a total 325 inmates were accommodated at the above-mentioned correctional centre.

(2) (a) Custodial staff: 53

(b) Administrative staff: 9

(3) (a) and (b)

Yes, the head of the centre has been appointed with effect from 02 May 2013.

Reply received: June 2013

QUESTION NO 840:

Mr V B Ndlovu (IFP) to ask the Minister of Correctional Services:

(1) (a) How many awaiting-trial detainees are there at correctional services centres, (b) what is the longest period that these detainees have been detained, (c) what are the reasons for these detainees being detained and (d) what is the cost of awaiting-trial detainees to his department per annum;

(2) whether his department has any plans to reduce the number of awaiting-trial detainees; if not, why not; if so, what are the relevant details;

(3) whether these plans have been implemented; if not, why not? NW1054E

REPLY:

(1)(a) The number of awaiting trial detainees (who are referred to as remand detainees) fluctuates daily because of admissions and releases. On 3 May 2013, there were

46 309 remand detainees.

(b) The longest period currently detained at the Department of Correctional Services (DCS) as remand detainees is 9 years and 6 months. This is a group of nine remand detainees who have been charged with sabotage and terrorism.

(c) The reasons for each case are not automatically available to DCS as the information lies with the courts and the National Prosecuting Authority (NPA); however an analysis of remand detainees (RDs) who have spent more than seven (7) years in detention was done and factors found to be linked to their length of stay are as follow:

• Multiple number of co-accused in one case or accused linked to other crimes that are under investigation;

• Withdrawal of legal representation by attorneys;

• Delay in securing a date at the high court;

• Loss of court records;

• Changing of legal representatives;

• Failure of witnesses to appear in court leading to the case being remanded for several times;

• Multiple witnesses in the case;

• Requests for remand by defence, lawyers of the accused and the state;

• Failure of accused to appear in court; and

• Request for separation of trials.

(d) The cost of an inmate per day is approximately R243 and R88,695 per annum.

(2) The department has plans to reduce the number of remand detainees; however in all cases the ultimate decision is made by the courts. The strategies for reducing the remand detainees in DCS are set out below:

• Implementation of bail protocol (Section 63A of Criminal Procedure Act, Act 51 of 1977. The protocol makes provision for the Head of a Correctional Centre or Remand Detention Facility to approach the relevant court to release an accused on warning in lieu of bail or to amend the bail conditions imposed by that court when the inmate population of a particular centre is reaching such proportions that it constitutes a material and imminent threat to human dignity, physical health or safety of the accused. It is worth mentioning that this section is only applicable to those accused with bail who have been charged with Schedule 7 crimes (See Annexure 1 attached).

• Marketing of section 63(1) and 105A of the Criminal Procedure Act, 1977, Act 51 of 1977. Section 63(1) 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. Section 105A makes provision for the remand detainee to enter into a plea bargain thus reducing the time spent on trial. For this section DCS refers all the remand detainees who are willing to enter into a plea bargain to the relevant prosecutor.

• Implementation of section 49G of the Correctional Matters Amendment Act, 2011, Act 5, 2011. According to the provision, the period of incarceration of a remand detainee must not exceed two (2) years from the initial date of admission into the remand detention facility, without such matter having been brought to the attention of the court concerned. The head of the remand detention facility must refer the qualifying RDs to court for consideration before completion of 2 years in detention. If the remand detainee remained in detention after the first consideration, subsequent referrals will be done annually. The section is planned for implementation on 1 July 2013.

• Circulation of the namelist of remand detainees who have been in detention for more than six (6) months to such cluster structures as the National Court and Caseflow Integrated Committee and the Criminal Justice System Review Committee. The former further circulates the namelist to the provincial caseflow structures which are chaired by the judiciary.

For section 63A and 63(1) the qualifying remand detainees are selected from all those with bail and they range between 15 and 20% of remand detention population. If the remand detainee has more than one charge with conflicting bail decisions such as bail in one charge and no bail in another charge, the remand detainee is not considered for section 63 applications.

The considered applications may result in a number of court decisions:

• Release of accused with warning to appear in court for all the proceedings that are related to the case;

• Imposition of conditions as per section 62 of the Criminal Procedure Act (Act 51 of 1977) which may include reporting in person by the accused at a specified time to a specified person or authority, places that the accused is prohibited to visit or prohibitions in relation to communication and placement under the supervision of a probation officer or correctional officer (62(f).

Management of overcrowding of remand detainees 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 detention and 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 DCS are the number of admissions received and the length of stay.

3. The above mentioned plans are implemented on a weekly basis and courts decisions are communicated to the remand detainees.

Annexure 1

Schedule 7 Crimes as extracted from the Criminal Procedure Act (Act 51, 1977)

Public violence.

Culpable homicide.

Bestiality.

Assault, involving the infliction of grievous bodily harm.

Arson.

Housebreaking, whether under the common law or a statutory provision, with intent to commit an offence.

Malicious injury to property.

Robbery, other than a robbery with aggravating circumstances, if the amount involved in the offence does not exceed R20 000,00.

Theft and any offence referred to in section 264 (1) (a), (b) and (c), if the amount involved in the offence does not exceed R20 000,00.

Any offence in terms of any law relating to the illicit possession of dependence-producing drugs.

Any offence relating to extortion, fraud, forgery or uttering if the amount of value involved in the offence does not exceed R20 000,00.

Any conspiracy, incitement or attempt to commit any offence referred to in this Schedule.

Reply received: August 2013

QUESTION NO: 838

Mr V B Ndlovu (IFP) to ask the Minister of Correctional Services:

(1) (a) How many foreigners do we have in our prisons to date and (b) which countries do they originate from;

(2) how much does it cost the taxpayer to keep the foreigners in our prisons;

(3) are there plans in place to deport them to their countries of origin to finish serving their sentences; if not, why not; if so, what are the relevant details? NW1052E

REPLY

(1) (a) and (b):

The following table are uncertified details of foreigner nationals in Correctional facilities as at 21 February 2013:

(2) Cost per inmate per day is R318.59 for the 2013/14 financial year.

(3) Within the Southern African Development Community (SADC), a process has been undertaken in recent years to draft a Protocol for Inter-State Transfer of Sentenced Offenders.

Currently no policy position has been adopted at the level of Cabinet regarding Prisoner Transfer Agreements (PTA's). However, Cabinet is currently being approached with regard to the adoption of a South African policy position on the conclusion of PTA's.

Reply received: April 2013

QUESTION NO: 756

Mr P B Mnguni (Cope) to ask the Minister of Correctional Services:

Whether his department has, since the judgment over the punk style of a certain dreadlocked official (name furnished), reviewed its dress and hair policy for employees of his department; if not, why not; if so, what are the relevant details? NW965E

REPLY

Yes, the policy has been reviewed and is in the process of approval. In the meantime a communiqué has been released to sensitize all officials of the changes.

Reply received: April 2013

QUESTION NO: 661

Mr P J Groenewald (FF Plus) to ask the Minister of Correctional Services:

(1) How many (a) black, (b) white, (c) brown and (d) indian (i) men and (ii) women were being detained in prison (aa) in (aaa) 2010, (bbb) 2011 and (ccc) 2012 and (bb) during the period 1 January 2013 up to the latest specified date for which information is available;

(2) whether he will make a statement on the matter? NW822E

REPLY

(1) The Department does not categorize offenders according to race, however information is available based on gender.

The average number of offenders is as follows:

PERIOD

OFFENDER TOTALS

GRAND

TOTAL

(i) MALES

(ii) FEMALES

(aaa) 2010

158 269

3 586

161 855

(bbb) 2011

155 032

3 758

158 790

(ccc) 2012

147 357

3 372

150 729

(bb) 01 January to 25 March 2013

149 317

3 449

152 766

(2) No.

Reply received: May 2013

QUESTION NO: 633

Mr A C Steyn (DA) to ask the Minister of Correctional Services:

(1) How many claims were instituted against his department (a) in the (i) 2007-08, (ii) 2008-09, (iii) 2009-10, (iv) 2010-11 and (v) 2011-12 financial years and (b) during the period 1 April 2012 up to the latest specified date for which information is available;

(2) in respect of each specified financial year, (a) what amount was claimed, (b) how many claims were (i) finalised in court, (ii) settled out of court and (iii) are still outstanding and (c) what amount has been paid to each plaintiff in each case that was (i) finalised in court and (ii) settled out of court? NW792E

REPLY:

(1) (a) (i), (ii), (iii), (iv), (v) & (b) ; (2) (a), (b) (i), (ii), (iii) & (c) (i) (ii)

The information requested is provided in the table attached. I would like to point out that –

- the total number of claims that were instituted against the Department in a given financial year also include cases where the Department was only served with a statutory notice indicating that a particular party intends to institute a claim against the Department. Some parties have not, as at the reporting period of this reply, issued summons against the Department, and

- it takes considerable time for the claims to be finalised, hence it does not necessarily follow that claims that were finalised in a given financial year are claims that were instituted in that financial year. Most of the claims that were finalised between March 2007 and December 2012, were instituted in 2005-06 and 2006-07 financial year.

Reply received: April 2013

QUESTION NO: 598

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether any (a) control room staff, (b) artisans, (c) educators or (d) medical personnel are deployed as custodial staff; if so, (i) why and (ii) how many in each case;

(2) whether, prior to being deployed as custodial staff, such individuals are given training to equip them to perform custodial services; if not, why not; if so, what is the nature of the training?

NW756E

REPLY

See attached reply

Reply received: April 2013

QUESTION NO: 583

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether the services of an arbitrator were used during January 2013 to settle a matter concerning the payment of overtime to officials at the Voorberg Correctional Centre; if so, (a) who was the arbitrator concerned, (b) what was the agreement reached, (c) when was the agreement reached and (d) by what date was the agreement to be implemented;

(2) whether this agreement has been implemented; if so, when; if not, (a) why not and (b) when will it be implemented? NW738E

REPLY

(1) Yes

(a) The arbitrator was Mr J P Hanekom.

(b) The matter was settled - officials that performed call out/night visit overtime are to be paid what is due to them.

(c) The agreement was reached on 24 January 2013.

(d) The agreement was supposed to be implemented not later than 28 February 2013.

(2) Yes

(a) N\A

(b) The agreement was implemented on 03 April 2013.

Reply received: April 2013

QUESTION NO: 527

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) With regard to his reply to question 3140 on 29 November 2012, what was the total amount paid (a)(i) in full, (ii) reduced or (iii) cancelled in relation to all claims for (aa) bodily injury or (bb) assault in the 2011-12 financial year and (b) to each claimant in relation to each individual claim for (i) bodily injury or (ii) assault respectively, of these, which claimants were paid in full;

(2) whether one claim was paid following a court order; if so,

(3) whether this related to a claim of assault;

(4) whether, apart from the case referred to in above, all other claims were settled out of court? NW684E

REPLY

(1) The claims for assault in most cases include bodily injury. For purposes of this reply, both categories are treated as one.

With regard to the reply to question 3140 on 29 November 2012, the following clarification is provided as detailed below:

(a) (i) R2.570 million rand

(ii) None, during 2011/12 financial year

(iii) R900 million rand

(b) (i) & (ii) R2.570 million rand

(2) Yes.

(3) Yes, the claim was related to an assault.

(4) Other claims which were relating to assault/bodily injury were pending during the period under review.

Reply received: April 2013

QUESTION NO: 517

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) How many (a) parolees and (b) probationers have been fitted with electronic tracking devices on their release;

(2) what is the cost of each tracking device;

(3) (a) what plans does his department have to roll out the use of tracking devices and (b) when is it anticipated that the greater use of these devices will be rolled out? NW674E

REPLY

(1)(a) One hundred and forty six (146) parolees have been fitted with electronic tracking devices upon their release.

(b) No probationers are fitted with electronic tracking devices at this stage

(2) The Department of Correctional Services (DCS) has implemented the Electronic Monitoring Pilot Project (EMPP) on 28 March 2012 at a cost of six million, five hundred thousand rand (R6.5 million) for a period of twelve (12) months.

(3)(a) The DCS intends rolling-out an Electronic Monitoring (EM) system after termination of the EMPP. The Department will follow the normal procurement processes to invite bids for the rollout of electronic monitoring.

(b) The number of persons targeted during the next financial years is reflected below:

Financial Year

Number of persons under Electronic Monitoring

2013/2014

500

2014/2015

1 000

2015/2016

2 000

2016/2017

5 000

2017/2018

10 000

Reply received: May 2013

QUESTION NO: 516

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Did the Department of Labour conduct inspections at correctional centres in the Eastern Cape; if so, (a) why and (b) at which centres;

(2) did the Department of Labour furnish him or his department with a report of these inspections; if so, what were the (a) findings and (b) recommendations;

(3) are the recommendations being implemented; if not, why not;

(4) is the report being made available to (a) unions and (b) staff associations; if not, why not? NW673E

REPLY

(1) Yes

(a) In line with section 29 of the Occupational Health and Safety Act, 2003 (Act No. 85 of 1993), labour inspectors have the right of entry for purposes of inspecting the workplace.

(b) A total of fifteen (15) Correctional Centres were inspected in the Eastern Cape:

Management Area

Name of Correctional Centre

Amathole Management Area:

King Williamstown

Sutterheim

Middle drift

Grahamstown

East London Management Area

Mdantsane

East London Medium A

East London Medium B

East London Medium C

Kirkwood Management Area

Kirkwood

Mthatha Management Area

Remand and Medium B

St Albans Management Area

St Albans Medium A

St Albans Maximum B

St Albans Medium C

Sada Management Area:

Queenstown

Idutywa

(2) No final report was received from the Department of Labour.

(3) and (4) Fall away.

Reply received: April 2013

QUESTION NO: 458

Mr P B Mnguni (Cope) to ask the Minister of Correctional Services:

(1) Whether he confirms his commitment to turning prisons into learning centres; if not, why not; if so, (a) what prompted his statement and (b) what has he found is wrong with the current rehabilitation programmes;

(2) whether the rehabilitation programmes will be replaced with education and learning; if not, why not; if so,

(3) whether this is government's new approach to correctional policy; if so, what are the relevant details;

(4) whether there has been (a) consensus from other departments concerned and (b) approval via public participation of this move; if so, what are the relevant details;

(5) what percentage will education constitute of the whole rehabilitation process of his department's operations? NW611E

REPLY

(1) (a) Yes, the Minister confirms his commitment of turning correctional centres into learning centres. The Minister's commitment is informed by the following:

Section 29 of The Constitution of The Republic of South Africa, 1996 clearly stipulates that:

(1) Everyone has a right to –

(a) to a basic education, including adult basic education; and

(b) to further education, which the state, through reasonable measures, must make progressively available and accessible

Section 35 of The Constitution of The Republic of South Africa, 1996 clearly stipulates that:

(2) Everyone who is detained, including every sentenced prisoners, has the right to –

(e) 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.

Section 41 of the Correctional Services Act, 1998 clearly stipulates that:

(1) The Department must provide or give access to as full a range of programs and activities as is practicable to meet the education and training needs of sentenced prisoners

(2) Sentenced prisoners who are illiterate or children must be compelled to take part in the educational programs mentioned in terms of subsection (1)

(3) The Department must provide as far as practicable other development and support programs which meet the specific needs of sentenced prisoners

(4) Sentenced prisoners have a right to take part in the programs and use the services offered in terms of subsections (1) (3) (4).

Chapter 9 of the White Paper on Corrections in South Africa, 2005 clearly states that:

9.9 Providing education to people under correction:

9.9.1 In order to improve the levels of literacy amongst the offenders in South Africa, and particular the youth, the Department places the significant emphasis on the provision of literacy classes and basic schooling for offenders. The constitutional imperative for schooling is not curtailed by incarceration, and between the Department of Education and the Department of Correctional Services, literacy, schooling and basic adult education are priorities.

9.9.2 International instruments indicate that education in a correctional environment must be in line with the educational system of the general society, and the provision must be made for the continuity of the educational activity of people incarcerated in prison, and for those who are released on parole.

(2) The Department of Correctional Services sees rehabilitation as creating an environment that is conducive for correcting offending behaviour and at the same time provide opportunities to offenders for personal development. Participation in educational programmes provides offenders with opportunities to self-development; it does not however mean that the offending behaviour has been corrected. It is therefore not a matter of education replacing rehabilitation but that education is part of rehabilitation. Offenders should ideally all be able to read and write since they could be empowered to then benefit optimally from correctional programmes (manuals are in written format).

(3) Cabinet has approved as early as 2005 the new White Paper on Corrections in South Africa. This White Paper clearly states that central to the activities of the Department is correcting offending behaviour and providing opportunities for personal development to offenders. The Minister of Correctional Services is therefore committed to drive this policy of Government.

(4)(a) This ideal of the White Paper on Corrections in South Africa (2005) (correcting offending behaviour and providing opportunities for personal development to offenders) has already find expression in various forums of the Justice Crime Prevention and Security Cluster, as well as the Social Sector Cluster, and various formations of cooperation have been established in this regard.

(b) The White Paper on Corrections in South Africa (2005) has been preceded by numerous interactions with communities and izimbizo's where public participation in the democratic process of policy development was demonstrated.

(5) In order to deliver effectively on its core business, the Department has adopted a needs-based approach to rehabilitation. Needs-based interventions are types of interventions that specifically balance the causal factors with the unique offence profile of the individual offender. The aim of profile-based rehabilitation is to influence the offender to adopt a positive and appropriate norms and value system, alternative social interaction options, and to develop life, social and vocational skills which will equip the offender to function effectively without having to return to crime. The Department asserts that, through this, rehabilitation contributes towards the reduction of recidivism and the prevention of crime. Correctional Sentence Plans are developed for each offender serving sentences more than 24 months for this purpose and is based on the total needs of the specific offender. The following needs of offenders are assessed as soon as possible after admission:

(i) security needs with due cognisance of the human rights of the individual (security);

(ii) needs in terms of physical and emotional well-being (care);

(iii) education and training needs (development);

(iv) needs in terms of allocated physical accommodation (facilities);

(v) needs in terms of support after release (after care); and

(vi) needs relating to specific intervention programmes that target offending

behaviour/s

Education is therefore a critical element in the Correctional Sentence Plan and the rehabilitation path of an offender.

Reply received: April 2013

QUESTION NO: 451

Mr P B Mnguni (Cope) to ask the Minister of Correctional Services:

(1) Whether his department has investigated the (a) nature of complaints that led to the hospitalisation of five inmates at the Kalafong Hospital in Atteridgeville and (b) treatment of 40 other female offenders from Pretoria Female Correctional Centre in early March 2013; if not, why not; if so, what are the relevant details;

(2) what is the condition of food hygiene in prison facilities (a) at the specified centre and (b) nationwide? NW604E

REPLY

(1)(a) Yes, inmates reported ill with fever, diarrhoea, vomiting and abdominal cramps.

(b) Eighty seven (87) inmates were treated internally an additional five (5) inmates were referred to Kalafong Out-patient Unit for treatment and were discharged the same day.

The matter was reported to the Gauteng Provincial Department of Health. The Gauteng Provincial Department of Health then reported the matter to the National Institute for Communicable Diseases (NICD) on 27 February 2013 and the NICD subsequently sent a team to investigate the matter.

On 28 February 2013 the Environmental Health Practitioner (EHP) from the local municipality visited the Centre and conducted a thorough inspection in the food service unit, and took samples of the food that was prepared that day. The analysis report of food samples taken for testing is still awaited.

The outsourced service provider also submitted food samples for analysis to a private laboratory.

(2)(a) The Centre referred to was in an acceptable condition as standards complied with the required prescribed legislation and policies.

(b) Nationally, the general standards of food hygiene are within acceptable standards. The number of confirmed food-related disease outbreaks for the 2012/2013 financial year to date was nil. Personal hygiene inspections are conducted daily during unlock on food handlers. An 11-point hygiene checklist is utilized in all food service units to conduct and record findings of weekly hygiene inspections.

The following directives are implemented to maintain hygiene standards and practices in food service units:

i) Nutritional Services Policy Procedure Manual.

ii) Food Services Cleaning Guide.

ii) Personal Hygiene Procedure Manual.

iii) Manual for Food Handlers.

Reply received: April 2013

QUESTION NO: 450

Mr P B Mnguni (Cope) to ask the Minister of Correctional Services:

(1) Whether his department is currently experiencing an increase in the number of (a) female prisoners and (b) female prisoners with minor children; if so, what are the relevant details in each case;

(2) what are the figures in the past five years with regard to women incarcerated for (a) violent crimes and (b) murder of their spouses;

(3) whether this has contributed to the increase in the number of children incarcerated with their mothers; if so, what are the relevant details?

NW603E

REPLY

(1)(a) Yes, there was a slight increase in the female inmate population from 2010/11 to 2011/12, respectively from 3 562 to 3758.

(b) No, the number of female offenders with minor children decreased as follows:

PERIOD

NUMBER OF FEMALE OFFENDERS WITH MINOR CHILDREN

2010/2011

102

2011/2012

85

As at December 2012

83

(2)(a) The following statistics are relevant to females who served sentences for violent crimes:

PERIOD

AVERAGE NUMBER OF FEMALES WHO SERVED SENTENCES FOR VIOLENT CRIMES

2007/08

1122

2008/09

1110

2009/10

1065

2010/11

1339

2011/12

776

(b) This information is not captured on the Admission and Release System of the Department of Correctional Services, and is therefore unfortunately not available.

(3) No, the number of children incarcerated with their mothers has decreased since April 2010 to December 2012.

Reply received: April 2013

QUESTION NO: 429

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) With further reference to his reply to question 2774 on 31 October 2012, have the services of a service provider been procured to repair and maintain the control rooms; if not, why not; if so, (a) what service provider has been contracted, (b) when was the contract awarded, (c) what are the deliverables in terms of the contract, (d) what is the duration of the contract and (e) what is the cost of the services;

(2) whether the staff of his department who are currently employed in the control rooms will continue to be employed in the control rooms; if not, (a) why not, (b) how many staff members will be affected and (c) to which capacities will they be reassigned? NW579E

REPLY

(1) (a), (b), (c), (d) and (e)

No, the repair and maintenance service provider has not been appointed yet.

The Independent Development Trust IDT) has been appointed by the Department to procure a service provider to repair and maintain the control rooms. This process is currently in process.

It need to be mentioned that the project does not only involve the maintenance of the control rooms but the repair, maintenance and integration of all security systems linked to the control rooms, which include the access the access control systems and security fence systems previously maintained by separate contractors.

The IDT has appointed a specialist Security Consultant to assist with the process of auditing the current systems and the development of tender specifications on completion, of which tenders will be invited for the appointment of a repair and maintenance service provider.

(2) (a), (b) and (c)

Yes, the staff currently employed in control rooms will continue to be employed in the control rooms.

Reply received: March 2013

QUESTION NO: 293

Mr J Selfe (DA) to ask the Minister of Correctional Services:

Whether his department receives monetary assistance from (a) other government departments, (b) state entities and (c) nongovernmental organisations to promote rehabilitation of offenders; if so, in each case, what amount was received in the latest financial year for which information is available? NW370E

REPLY

(a), (b) and (c)

No

Reply received: March 2013

QUESTION NO: 270

Ms D Kohler-Barnard (DA) to ask the Minister of Correctional Services:

(1) (a) How many prisoners escaped from the Medium A prison in Pietermaritzburg in (i) 2005 and (ii) 2006 and (b) how did they escape;

(2) how many of these escapees were subsequently re-imprisoned;

(3) were any Correctional Services members (a) found to have assisted in the escape and (b) subsequently arrested? NW345E

REPLY:

(1) (a) (i) One (1) remand detainee escaped in 2005 (on 2 April 2005)

(ii) Two (2) inmates escaped in 2006. One (1) remand detainee escaped on 14 May 2006 and one on 13 November 2006.

(b) The remand detainee that escaped in 2005 was released on bail erroneously as he swapped his ticket with another inmate.

The remand detainee that escaped on 14 May 2006 was released on bail erroneously as he swapped his ticket with another inmate.

The remand detainee that escaped on 13 November 2006 escaped from the Edendale Hospital whilst under the guard of a DCS official.

(2) Only the inmate that escaped in 2005 was re-arrested.

(3) (a) and (b)

No officials were found guilty of assisting in any of the escapes and none has been arrested.

Reply received: March 2013

QUESTION NO: 260

Mr P B Mnguni (Cope) to ask the Minister of Correctional Services:

On what grounds was parole granted to a certain person (name furnished) after serving only nine months of his three-year sentence? NW320E

REPLY

The offender was sentenced to five (5) years imprisonment of which two (2) years was suspended for a period of five (5) years, thus he is serving an effective sentence of three (3) years imprisonment.

He benefitted eighteen (18) months special remission of sentence in line with the criteria as announced by the President on 27 April 2012. The Correctional Supervision and Parole Board approved his placement on parole after he had served more than half of his remaining sentence of eighteen (18) months. His placement is in line with Section 73(6)(a) of the Correctional Services Act, 1998 (Act No. 111 of 1998), which inter alia provides that an offender may not be placed on parole until such offender has served either the stipulated non-parole period or half of the sentence.

Reply received: March 2013

QUESTION NO: 257

Mr V B Ndlovu (IFP) to ask the Minister of Correctional Services:

(1) How many inmates were granted medical parole during the period 1 January to 30 June 2012;

(2) Whether his department conducts follow-ups on such parolees; if not, why not; if so, what are the relevant details;

(3) Whether any of the specified medical parolees were rearrested after they had been released on parole; if not, why not; if so, what are the relevant details? NW285E

REPLY

(1) The number of inmates granted medical parole during the period 01 January to 30 June 2012 is 12 (twelve).

(2) The Department of Correctional Services conducts follow-up sessions on all parolees granted medical parole at irregular intervals.

These follow-up sessions may include but not limited to the following:

· Physical visits at work, home or community service institutions. These visits take place discerningly, and as far as possible not cause an embarrassment to the parolee or his/her family;

· Telephonic contact at work or home; and

· Compulsory visit by the parolee to the community corrections office.

The grade of monitoring is determined by the predicted risk of the parolee as determined by the Correctional Supervision and Parole Boards and could take the form of high, medium and low risk.

Additionally, there are no violations recorded against these parolees who are granted medical parole.

The department does not have any record of the specified medical parolees who have been re-arrested after being released on parole for the said period.

Reply received: March 2013

QUESTION NO: 256

Mr V B Ndlovu (IFP) to ask the Minister of Correctional Services:

(1) Whether the victims of a certain person (name furnished) were consulted before he was granted parole; if not, what is the position in this regard; if so, what are the relevant details;

(2) whether the same criteria for granting the said person the 12 months' remission for persons who had committed nonviolent crimes will henceforth be applied to all persons found guilty of two counts of culpable homicide as well as negligent driving; if not, why not; if so, what are the relevant details;

(3) whether his department considers these crimes to be nonviolent crimes; if not, why not; if so, what are the relevant details? NW284E

REPLY

(1) Yes, the families were consulted before he was placed on parole.

(2) Yes, the same criteria will apply for those who fall within the criteria and category as announced by the President on 27 April 2012.

(3) For the purpose of both the 2005 and 2012 Special Remission of Sentence projects, the crime of culpable homicide was regarded as the unlawful negligent killing of another person. The mitigating circumstances which reduce the culpability (intention) to kill, resulted that this crime was in the category that qualified for the additional twelve (12) months Special Remission of Sentence.

Reply received: March 2013

QUESTION NO: 211

Adv L H Max (DA) to ask the Minister of Correctional Services:

What are the details of the progress of the investigation conducted in 2012 into the Area Commissioner of Kimberley? NW226E

REPLY

The investigation was concluded at the end of 2012 and the investigation report has been received. The recommendations are currently being analysed after which an intervention programme will be formulated and then implemented.

Reply received: April 2013

QUESTION NO: 210

Adv L H Max (DA) to ask the Minister of Correctional Services:

(1) On what grounds did his department not issue an arbitration award with regard to case PHSH 656-09/10;

(2) whether his department has embarked on a review process; if not, what is the position in this regard; if so, when was the application filed in the Labour Court? NW225E

REPLY

(1) The award was never received therefore an award could not be issued.

(2) The Department did not take the matter on review. The Department filed an application on 6 September 2012, opposing the Application for Enforcement that was received from DENOSA'S Attorneys. The status quo remains.

Reply received: March 2013

QUESTION NO: 139

Mr M R Sayedali Shah (DA) to ask the Minister of Correctional Services:

(1) How many legal matters were dealt with by his department (a) in the (i) 2009-10, (ii) 2010-11 and (iii) 2011-12 financial years and (b) during the period 1 April 2012 up to the latest specified date for which information is available;

(2) (a) how many of the specified legal matters were dealt with by (i) the State Attorney and (ii) private attorneys during the specified periods and (b) what are the reasons why his department was not represented by the State Attorney in each specified case;

(3) what total amounts were paid by his department to (a) the State Attorney and (b) private attorneys during the specified periods? NW145E

REPLY:

(1) The total number of legal matters dealt with by the Department are as follows:

(a) (i) 2009-10 financial year - 537

(ii) 2010-2011 financial year - 398

(iii) 2011- 2012 financial year - 419

(b) 1 April 2012 to 31 December 2012 - 466

(2) (a) (i) All the legal matters referred to above were dealt with by the offices of the State

Attorney and counsel, except two labour matters mentioned below.

(ii) Private attorneys handled two legal matters.

( b) In both cases, the issues were complicated and needed experts in labour law. Both cases were won by the Department.

(3) Total amounts paid by the Department are mentioned below.

· 2009-2010 : R24,488 million

· 2010-2011 : R26,020 million

· 2011-2012 : R27,723 million

· 1 April to 31 December 2012 : R19,228,807.06

· Total amount paid to private attorneys : R993,191.00

Reply received: February 2013

QUESTION NO: 106

Mr E J Marais (DA) to ask the Minister of Correctional Services:

(1) Whether (a) his department and (b) any entities reporting to it paid any bonuses to senior officials in December 2012; if so, in each specified case, (i) to whom and (ii) what amount was paid;

(2) whether the specified bonuses were performance-based; if not, what is the justification for each bonus; if so, in each case, from which budget were the performance bonuses paid;

(3) whether, in each case, (a) a performance agreement was signed with the official and (b) regular performance assessments were conducted; if not, why not, in each case; if so, what are the relevant details in each case? NW112E

REPLY:

(1) (a) and (b) (i) and (ii)

No

(2) and (3) (a) and (b)

Fall away

Reply received: February 2013

QUESTION NO: 73

Mr D C Ross (DA) to ask the Minister of Correctional Services:

(a) How many tickets did (i) his department and (ii) any of its entities purchase to attend business breakfasts hosted by a certain newspaper (details furnished) (aa) in the (aaa) 2010-11 and (bbb) 2011-12 financial years and (bb) during the period 1 April 2012 up to the latest specified date for which information is available and (b) what was the total cost in each case? NW79E

REPLY

(a) (i) and (ii)(aa) (aaa) and (bbb) and (bb)

None

(b) Falls away.

Reply received: February 2013

QUESTION NO: 57

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Who constitutes the bid adjudication committee for contract H011/2012;

(2) whether the committee has met to consider tenders submitted for contract H011/2012; if not, when is it expected to meet; if so, on what dates did it meet;

(3) (a) when is it expected to award the tender, (b) what (i) characteristics and (ii) competencies are required for the awarding of the specified tender and (c) what weighting is given to each specified (i) characteristic and (ii) competency? NW61E

REPLY

(1) Bid number HO 11/2012 is still under evaluation and the National Bid Adjudication Committee (NBAC) will be constituted once the evaluation is finalised and a recommendation is received.

(2) No, the committee has not met as yet, as bid number HO 11/2012 is still being evaluated.

(3) (a) Once the evaluation is finalised and a recommendation is received, the tender will be awarded.

(b) (i) and (ii) and (c) (i) and (ii)

The bid was advertised in the Government Tender Bulletin on 16 November 2012 as well as placed on the departmental website: www.dcs.gov.za and the following criteria together with its weightings have been specified in the Bid Invitation document:

Criteria

Sub-weight Weight

Experience and capacity

· Experience in delivering the type of services in "High Risk" environment - residential facilities

· CVs of the proposed National Operations Management Team

· CVs of bona-fide employees and/or profiles of sub-contractors responsible for the implementation at the various Correctional Centres

· CVs of bona-fide employees and/or their sub contractors, responsible for the maintenance of the equipment

· Qualified dietician registered with the Health Professions Council of South Africa for each and every Management Area.

8

8

8

8

8

40

Training

· Accreditation

· Training ability

8

7

15

Equipment

· Temporary kitchens

5

5

Management and Operations

· Provision of staff

· Quality of procedures and management principles illustrated with process flow charts regarding pre-implementation planning, implementation and ongoing management of the contract.

· Independent auditing and sampling laboratories

· Acquisition/purchase, transportation, storage and supply or distribution of foodstuffs

· Equipment management

· Purchasing of cleaning materials, consumables, uniforms, protective clothing and stationery

· Transport and telephones

· Health and safety

· Security regulations

· Fire safety

· Waste management

· Inventory

· Riot, unrest, boycotts and stock loss

· Monitoring and control

· Computerised cost control systems

· Accounting

· Ability/understanding to manage the operations in compliance with all legislation

5

5

5

4

4

4

3

4

4

4

5

4

4

3

4

3

5

70

Finance

· Credit worthiness

· Insurance

10

15

25

Provide track record of supporting of BBBEE companies.

10

10

Proposal on:

· Equipment

· Maintenance (see par 3.4 of the Special Bid Conditions)

15

20

35

Total

200

Technical threshold score

140

Reply received: February 2013

QUESTION NO: 56

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether the relevant prison kitchens were equipped with catering equipment at the time or any subsequent time that BOSASA was awarded the contract to provide nutritional services to his department in 2004; if so, to whom did this catering equipment belong;

(2) whether BOSASA acquired ownership of this catering equipment; if not, what is the position in this regard; if so, what are the relevant details;

(3) whether BOSASA ever replaced or refurbished this equipment; if not, what is the position in this regard; if so, (a) at whose expense, (b) who carried out the work and (c) when did this occur;

(4) whether BOSASA laid claim to any catering equipment when his department proposed to insource nutritional services; if so, (a) on what (i) basis and (ii) equipment was the claim made and (b) what was his department's response? NW60E

REPLY

(1) Yes, all the relevant departmental kitchens were equipped with catering equipment at the time that BOSASA was awarded the contract in 2004. Some of the catering equipment belonged to the Department of Correctional Services (DCS) whilst others belonged to the Department of Public Works (DPW), depending on who bought the relevant catering equipment.

(2) No, the catering equipment belonging to the DCS and to DPW remained on the respective department's asset registers. The catering equipment procured by BOSASA on behalf of the DCS remained the property of the DCS, and was included in the Asset Register of the DCS.

(3) Yes, BOSASA did replace some of the catering equipment when found to be aging and/or unserviceable. BOSASA did refurbish some of the catering equipment when found to be broken.

(a) Replacement of catering equipment was done at the expense of the Department, whilst refurbishment of the catering equipment was done at the expense of BOSASA.

(b) The Department was responsible to place the need for replacement of the catering equipment whereby BOSASA would then procure the equipment on behalf of the Department, as specified in the contract entered into between the Department and BOSASA. Refurbishment of the catering equipment was carried out by the maintenance staff in the employment of BOSASA.

(c) Replacement and refurbishment of catering equipment is a continuous exercise and it is done whilst the contract is in place.

(4) BOSASA procured additional equipment which did not form part of the contract entered into between the Department and BOSASA. The equipment is the property of BOSASA and its purpose was to enhance their service delivery in the respective kitchens. BOSASA will be claiming the equipment when the contract comes to a close.

Reply received: February 2013

QUESTION NO: 26

Mr J Selfe (DA) to ask the Minister of Correctional Services:

(1) Whether a certain person (name furnished) was suspended; if not, what is the position in this regard; if so, (a) when and (b) on what grounds;

(2) whether a disciplinary hearing involving the said person was held; if not, why not; if so, (a) when and (b) what was the outcome;

(3) whether the said person appealed the outcome of the disciplinary hearing; if not, why not; if so, (a) when and (b) what was the outcome;

(4) whether a settlement was reached between his department and the said person; if not, why not; if so, (a) when and (b) what were the terms;

(5) whether the settlement involved the payment of money; if not, what is the position in this regard; if so, how much? NW28E

REPLY

(1) Yes

(a) From 11 January 2010 to 03 November 2010 (date of dismissal).

(b) The suspension was pending an investigation into alleged misconduct (misrepresentation in obtaining private accommodation with public funds and unfair treatment of a subordinate) and the finalisation of the disciplinary process.

(2) Yes, the said person appeared on 8 charges in a pre-dismissal arbitration that was consented to.

(a) The pre-dismissal arbitration was held in 2010 under the auspices of the General Public Service Sector Bargaining Council (GPSSBC).

(b) The pre-dismissal arbitration was finalised on 11 October 2010 as the said person was found guilty on 6 of the 8 charges. The sanction of dismissal was received on 03 November 2010 from the GPSSBC. The said person was subsequently dismissed from Department of Correctional Services on 03 November 2010.

(3) No, there was no appeal because SMS members in the Public Service cannot appeal the outcome of disciplinary hearings. As already mentioned, the said person was subjected to a pre-dismissal arbitration; she also lodged an unsuccessful review of the arbitration award in the labour court.

(4) No, services were terminated on 03 November 2010 following a decision by the chairperson of the pre-dismissal arbitration to dismiss the said person.

(5) No, only monies due in terms of salary and leave discounting were paid.