Questions & Replies: Correctional Services

Share this page:
2013-11-13

THIS FILE CAN CONTAIN UP TO 25 REPLIES.

SEARCH ON THE TOPIC/KEYWORD YOU ARE LOOKING FOR BY SELECTING CTRL + F ON YOUR KEYBOARD

Reply received: November 2013

QUESTION NO: 3162

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

(1) Whether his department received any funds for the Expanded Public Works Programme in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years;

(2) whether any of these funds were earmarked for (a) capital or (b) infrastructure-related projects; if so, (i) what are the names of these projects, (ii) where are these projects situated, (iii) what is the value of each project and (iv) how many jobs have been created by each project

(3) in each case, what process was followed to appoint project (a) implementers and (b) consultants;

(4) in each case, were funds transferred to project implementers (a) in a lump sum or (b) through progress payment;

(5) whether any projects have been impeded due to maladministration or corruption; if so, (a) which projects have been affected and (b) what action has been taken in each case? NW3720E

REPLY

(1) No. Funds of the Expanded Public Works Programme are spent and managed by the Department of Public Works only.

(2), (3), (4) and (5) Not applicable.

Reply received: November 2013

QUESTION NO: 3055

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

With reference to his reply to question 2302 on 30 October 2013, how many offenders who are serving sentences longer than 24 months are participating in (a) education, (b) development and (c) work programmes? NW3609E

REPLY:

Statistics for offenders serving 24 months, and who are participating on the different programmes longer, are not kept separately and are therefore not readily available.

(a) A total of 15 024 sentenced offenders are participating in education programmes.

(b) The following number of offenders are involved in the different development programmes:

· 7327 are participating in Skills Development Programmes;

· 4030 are participating in Further Education and Training and College Programmes;

· 3297 are participating in Skills Training; and

· 78 302 are participating in Sport, Recreation, Arts, Culture and Libraries

(c) A total of 30 430 sentenced offenders are involved in work programmes.

Reply received: December 2013

QUESTION NO: 3049

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

Whether the newly established SA Correctional Services Workers' Union (SACOSWU) is allowed to (a) enter the premises of his department to (i) address and (ii) recruit members during office hours and (b) convene meetings with officials during office hours; if not, why not; if so, (aa) since when and (bb) what is regarded as after-hours as services in his department are rendered 24/7? NW3603E

REPLY

(a) Yes, SACOSWU is permitted to enter the Departmental premises.

(i) No, SACOSWU may address staff members once a month between 16:30 – 18:00.

(ii) No, they are allowed to recruit members after hours (16:30-18:00) because they do not meet the threshold as per GPSSBC Resolution 3 of 2002, page 5, clause 6 (6.1) (6.2) (6.2.a) (6.2.b).

(b) No, SACOSWU may convene meetings once a month between 16:30 – 18:00.

(aa) As of 07 November 2013.

(bb) After-hours is referred as from 16:30 to 18:00.

Reply received: November 2013

QUESTION NO: 2995

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

With reference to the reply to question 1189 on 13 May 2010, (a) has the construction of Van Rhynsdorp been completed, (b) on what date did the inmates take occupancy and (c) what was the total cost of the project; if not, (i) what were the reasons for the delay, (ii) how much has been spent on the project to date, (iii) how much has the delay cost and (iv) what is the new date for completion of the project? NW3545E

REPLY:

(a) The construction of Vanrhynsdorp has not been completed yet.

(b) Inmates have not taken occupancy yet.

(c) Estimated total project cost is R360, 4 Million (including VAT)

(i) The reason for the delay were shortages of materials and labour, additional work to the existing structures that was discovered during construction, inclement weather (contractually the constructor must close the site if temperatures reaches 40° Celsius or above), and poor performance by the DPW contactor towards the end of the project

(ii) The total cost of the project to date is R342, 4 million (including VAT).

(iii) The total cost of the penalties for the delay that has been charged to the contactor is R5, 6 million (including VAT).

(iv) The new anticipated completion date is 2 December 2013.

Reply received: November 2013

QUESTION NO: 2947

Mr P van Dalen (DA) to ask the Minister of Correctional Services:

(1) How much has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the Africa News Network 7 (ANN7) news channel;

(2) were these advertisements placed through the Government Information and Communications System? NW3498E

REPLY

(1) None

(2) Not applicable

Reply received: November 2013

QUESTION NO: 2914

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

(1) What amount has (a) his department and (b) each of the entities reporting to him spent on advertising (i) in The New Age newspaper and (ii) on its website between 1 December 2012 and 31 August 2013;

(2) were these advertisements placed through the Government Information and Communication System? NW3465E

REPLY

(1) None

(2) Not applicable

Reply received: December 2013

QUESTION NO: 2833

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

(1) Whether any officials of his department have been (a) charged and/or (b) dismissed for assaulting inmates; if not, why not; if so, what are the relevant details;

(2) Whether complaints lodged by inmates to the Independent Correctional Centre Visitors (ICCVs) are attended to; if not, why not; if so, (a) how many have been attended to and (b) what steps have been taken to address these complaints? NW3287E

REPLY

(1) (a) and (b) Yes. The details are as follow:

2012/2013 Financial Year

Number of officials charged

Number of officials dismissed

96

1

As at 30 September 2013:

Number of officials charged

Number of officials dismissed

69

0

(2) Yes, the Department of Correctional Services is obliged to attend to all complaints and requests, including those lodged by inmates to the Independent Correctional Centre Visitors (ICCVs).

(a) During the 2012-13 financial year, the ICCVs received and dealt with 530 183 complaints and requests.

(b) ICCVs record such complaints and requests and discuss it with Heads of Correctional Centres or relevant subordinate correctional officials with a view to resolve the issues internally. ICCVs also monitor the manner in which such complaints and requests have been dealt with.

ICCVs have the legal obligation to report unresolved complaints to the Visitors' Committees (VCs), who must address such complaints in collaboration with the ICCVs and Heads of Correctional Centres. VCs must refer unresolved complaints to the Complaint Unit of the Inspecting Judge who must, in turn, address it in collaboration with relevant role players.

With regard to addressing the 530 183 complaints and requests dealt with by ICCVs during 2012/13 financial year, the following information can be provided:

· A total of 528 831 (99.74%) were successfully addressed at local level.

· A total of 1 352 unresolved complaints were referred by ICCVs to the VCs and 1 025 (76%) such cases were addressed successfully.

· Only 327 unresolved cases (0.06% of the total 530 183 complaints and requests) were referred by VCs to the Complaints Unit.

In addition to the aforementioned, operational procedures prescribe that complaints and requests that have not been settled by the Head of the Correctional Centre must be referred to higher authority for further attention.

It is also expected from Heads of Correctional Centres to utilize the frequency of complaints and requests as a barometer regarding the maintaining of standards requiring continuous involvement and/or interventions.

Reply received: December 2013

QUESTION NO: 2825

Mr I O Davidson (DA) to ask the Minister of Correctional Services:

(1) What amount has (a) his department and (b) each of the entities reporting to him spent on advertisements placed on the SABC 24 hour news channel;

(2) were these advertisements placed through the Government Communication and Information System? NW3330E

REPLY:

(1) (a) and (b) None

(2) Not applicable

Reply received: December 2013

QUESTION: 2716

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

(1) Whether the (a) fire extinguishers and (b) first aid kits in all his departments' buildings were serviced in 2012; if not, why not; if so, what are the relevant details;

(2) who is responsible for ensuring that the (a) fire equipment and (b) first aid kits meet the required safety standards? NW2962E

REPLY:

(1) No, not all fire extinguishers and first aid kits were serviced in 2012. The details per region are as follow:

(a) Eastern Cape Region

Fire equipment not serviced in 2012:

· Bizana- the matter was reported to the Department of Public Works

· Cofimvaba- the matter was reported to the Department of Public Works

· Doltdriecht- the matter was reported to the Department of Public Works

· Lady Frere- the matter was reported to the Department of Public Works

· Backley- the matter was reported to the Department of Public Works

· Mqanduli- the matter was reported to the Department of Public Works

· Mount Aliff- the matter was reported to the Department of Public Works

Free State/ Northern Cape Region

Fire equipment not serviced in 2012:

· Groenpunt Correctional Centres – the matter was reported to the Department of Public works. Ref No. BFN/1112/12907;

· Bethulie Correctional Centres – the matter was reported to the Department of Public works. Ref No. BFN/12731;

· Zastron Correctional Centres – the matter was reported to the Department of Public works. Ref No. BFN/12730;

· Lindley Correctional Centres – the matter was reported to the Department of Public works. Ref No. BFN/0512/12205 and BFN/0713/14025;

· Tswelopele Correctional Centres – the matter was reported to the Department of Public works. Ref No. JC85-2966.

Gauteng Region – All fire equipment were serviced.

Head Office – All fire equipment were serviced.

KwaZulu-Natal (KZN) Region – of the 24 Correctional Centres and Offices in the region, only Ncome Management Area fire equipment have not been serviced in 2012. The first call was logged on 2012/11/16 with the Department of Public Works Ref No: DBN 36838 and a second follow up was made in January 2013. Ref No: DBN 38018

Limpopo Mpumalanga Northwest (LMN) Region – All fire equipment was serviced.

Western Cape Region – All fire equipment were serviced.

(b) Eastern Cape Region – All 45 Correctional Centers have first aid kits. Heads of Centres are in the process of availing funds to purchase First Aid boxes and refill kits.

Free State/ Northern Cape Region – of the 63 Correctional Centres and offices, 45 are equipped and 18 not equipped with first aid boxes. The Delegated Authorities are in the process of sorting funds to purchase and replenish first aid boxes.

Gauteng Region - of the 8 Management Areas in the region, 5 are equipped with first aid boxes and 3 are not equipped with first aid boxes. The Delegated Authorities to ensure that funds are sought to purchase and replenish first aid boxes.

Head Office - First aid boxes funding have been sourced and is available, quotations have been sourced. As soon as these are acquired procurement of the first aid boxes will be finalised.

KZN Region – All 61 Correctional Centres and offices in the region are equipped with first aid boxes only 6 centres in the Durban Westville Management Area do not have first aid boxes the Delegated Authority is tasked to source funds and purchase first aid boxes.

LMN Region - of the 35 Correctional Centres and offices in the region 32 are equipped and 3 not equipped with first aid boxes. The Delegated Authorities are in the process of sorting funds to purchase and replenish first aid boxes

Western Cape Region – All 42 Correctional Centres and 27 Community Corrections offices have first aid kits. Area Commissioners and Heads of Centres are in the process of availing funds to purchase first aid boxes and refill kits.

(2) The delegated authority in terms of section 16(2) of the Occupational Health and Safety Act (OHSA), 1993, Act No. 85 of 1993, as amended, the Regional Head: Corporate Services, Area Commissioners and Deputy Director: Auxiliary Services are responsible for ensuring that the fire equipment and first aid kits meet the required safety standards.

Reply received: November 2013

QUESTION NO: 2708

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

(1) Whether his department monitors the management of public-private partnerships that manage prisons in this country; if not, why not; if so, what are the reasons given by a certain company (name furnished) to dismiss over 300 workers at the Bloemfontein maximum security prison;

(2) whether the dismissal of these workers compromised overall prison security; if not, why not; if so, what are the relevant details;

(3) whether the involvement of administrative staff members in official guard duties forms part of the private partner's operations; if not, what is the position in this regard; if so, what are the relevant details? NW3211E

REPLY

(1) Yes, the Department monitors the management of the two (2) Public Private Partnership (PPP) Correctional Centres. The Department does this through the Controller and his staff, who are permanently deployed at the two PPP Correctional Centres and also through the Contract Management Unit. The relevant regional offices also monitor the aspect of offender management, which includes re-classification of offenders and the parole administration.

The reasons provided by the Management of Mangaung Correctional Centre (MCC) for the dismissal of the 331 workers was a result of their involvement in an unprotected strike and their continues refusal to return to work despite to work despite management's request to do so.

(2) Indeed, the dismissal of the 331 workers compromised the overall security of the Correctional Centre as most of the dismissed workers were custodial staff. The facility then experienced various acts of violence such as inmate riots, hostage takings and stabbings. Due to the inability of the Contactor to control and stabilize the situation, the Department decided to step in to maintain order and security at the Centre

(3) No administrative staff should be allowed to do custodial duties in the Correctional Centre. The contract stipulated that only trained and certified staff should be utilized.

Reply received: November 2013

QUESTION NO 2636:

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

(1) Whether any performance bonuses were paid to employees in his department in the 2012-13 financial year; if so, what is the total (a) number of employees that received bonuses and (b) amount paid out by his department for these bonuses;

(2) What percentage of outputs were achieved by his department as measured against each target set in its Annual Performance Plan in the 2012-13 financial year? NW3124E

REPLY:

(1) The DCS paid performance bonuses to:

(a) 6 693 employees in the 2012/2013 financial year

(b) at a total cost of R 98,567 million.

(2) The Department had 102 planned targets for financial year 2012/13 of which 40 were achieved. This makes up 40% achievement.

Reply received: November 2013

QUESTION NO: 2622

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

(1) Whether Ananius Mathe tried to escape from the C-Max correctional facility in Kokstad; if so, (a) how was it discovered that he was trying to escape and (b) what preventative action has since been taken by the prison;

(2) whether an investigation has been undertaken into the matter? NW3110E

REPLY

(1) Ananius Mathe tampered with his cell by scraping the cement between the bricks in a bid to get out of his cell.

(a) The incident was discovered by one of the correctional officials whilst performing his mandatory security checks as required at the facility.

(b) The Department has implemented various operational security measures, which cannot be disclosed at this point. It suffices to note though, that the discovery of this attempt is a result of these standing operational security measures that have clearly been proven to work.

(2) Yes, an investigation is currently in progress.

Reply received: December 2013

QUESTION NO: 2619

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

(1) Whether he has been informed of the investigation conducted in 2012 at Kimberley Correctional Services into a breakdown in communication between officials and a certain person (name and details furnished) and other human resource matters; if so, what is the status of the investigation;

(2) Whether the investigation has been completed; if so, what (a) was the outcome and (b) measures have been put in place to prevent this in future? NW3107E

Reply:

(1) Yes.

(2) Yes, the investigation has been concluded.

(a) The findings revealed that:

· there were no substantive facts to prove any element of victimization, maladministration, racial discrimination, harassment and abuse of power by the Area Commissioner.

However, the investigators recommended that:

· the Area Commissioner: Kimberley, was lacking communication skills, and that he should be subjected to an Effective Management Skills course;

·Monthly Union and Management Meetings must be held as a priority; and

· Relationship by Objective (RBO) sessions were recommended in order to improve the relationship between Labour Unions and Management of Kimberley.

(b) Based on the recommendations, the following measures were put in place:

· A Diversity Workshop was conducted;

· A RBO session was held between the Labour Unions and Management at Kimberley; and

· Monthly Union and Management meetings will be held in the future.

With regard to the aggrieved official:

· The Regional Commissioner scheduled numerous meetings but these did not materialize due to a lack of co-operation from the side of the aggrieved official; and

· The Regional Commissioner together with the Regional Head: Corporate Services, the Area Commissioner and the Head of Centre of Tswelopele Correctional Centre,, proceeded to have a meeting and the following decisions were taken in order to resolve the matter:

o The official must perform his official duties as a Centre-Based official and perform a 45-hour work week as directed and determined by the Head: Correctional Centre on the approved duty list.

o His continued long sick leave must be investigated by seeking a Medical Specialist's second opinion about the nature of his sickness and his level of incapacity to perform his current post functions/duties.

o The decision of the Regional Commissioner about forfeited vacation leave credits is maintained as nothing prohibited him to take any of his vacation leave during 2012 leave cycle.

Reply received: October 2013

QUESTION NO: 2570

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

How much has (a) his department and (b) each of the entities reporting to him spent on

promotional events organised by The New Age newspaper between 1 September 2012 and

30 August 2013? NW3057E

REPLY

(a) and (b)

No funds were spent on any promotional events organised by the New Age newspaper between 1 September 2012 and 30 August 2013

Reply received: November 2013

QUESTION NO: 2494

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

(1) Whether his department has the capacity to implement a three strikes policy for inmates; if not, what is the position in this regard; if so, what criteria does his department intend to use in determining inmates who qualify for such a policy;

(2) whether his department has found that this policy can help to reduce the prison population and repeat occurrences of crime in the country; if not, what is the position in this regard; if so, what are the relevant details? NW2987E

(1) The Department of Correctional Services (DCS) has not officially investigated or submitted proposals regarding the possible implementation of a three-strikes policy in South Africa.

The three-strikes policy related to legislation that in essence mandate courts to impose harsher sentences on habitual offenders who are convicted of three or more serious criminal offences. As such, it deals with sentencing frameworks, an aspect that does not fall within the ambit of the Department of Correctional Services, but that of Justice and Constitutional Development.

From the American context where such legislation has been implemented, it is inferred that the three-strikes policy significantly increases the prison sentences of persons convicted of a felony (crime) who have been previously convicted of two or more violent or serious felonies, and limits the ability of these offenders to receive a punishment other than a life sentence.

Compulsory minimum sentences for certain serious crimes were introduced in South Africa during 1997. The impact this had on the DCS was, inter alia, that the number of offenders serving life imprisonment increased by 10 795 (2 084%), from 518 during 1996 to 11 313 during 2012.

It follows that the introduction of even harsher sentencing frameworks will by implication increase the offender population and at the same time place a significant burden on the DCS in terms of creating an environment conducive to rehabilitation.

Within the context of a possible increase in the offender population as a result of the implementation of a three-strikes policy, the DCS does not have the capacity to deal with the possible implication of the implementation of such a policy.

The current situation with regard to overcrowding in the DCS is that there is total inmate population of 154 736 (as at 8 October 2013), and the number of bed space available in the correctional facilities amounts to 118 158. This reflects a 31% overcrowding within correctional services' facilities. Notwithstanding the challenges that overcrowding brings, the DCS has embarked on a number of creative initiatives to address the matter, like the implementation of an 8-pronged strategy on overcrowding, which is being driven by a National and Regional Overcrowding Task Team to ensure that inmates are released based on sections of the Criminal Procedure Act, electronic monitoring for high risk parolees and probationers, utilization of the Child Justice Act to ensure that children are taken out of correctional facilities and active participation within substructures of the Justice, Crime Prevention and Security cluster (JCPS), to ensure effective case flow management within the cluster, to name but a few.

(2) The impact of a three-strikes policy on the reduction of the prison population and repeat occurrences of crime in South Africa has not been investigated officially. Should the introduction of such a policy be proposed, the Department will embark on a Regulatory Impact Assessment exercise to determine its position.

Reply received: October 2013

QUESTION NO: 2413

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

(1) On what grounds did he terminate the contract of a certain person (name and details furnished);

(2) whether the specified person was informed of the contract termination; if so, (a) on what date and (b) how was he informed? NW2898E

REPLY

(1) The contract was terminated in accordance with the Correctional Services Act, 1998 (Act No. 111 of 1998), read with the Correctional Services Act, 1959 (Act No. 8 of 1959), which stipulates that the retirement age of the National Commissioner is 60 years.

(2) Yes

(a) The said person was informed on 22 August 2013.

(b) The said person was informed during a meeting with the Minister of Correctional Services.

Reply received: October 2013

QUESTION NO: 2399

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

(1) Whether a certain person (details furnished) has a criminal record; if so, (a) what (i) crimes was the person convicted of and (ii) sentence did the person receive, (b) on what date did each offence occur and (c) when was the person released from prison;

(2) (a) was he informed of the person's criminal record and (b) did the person declare the criminal record at the time the person applied for the position the person currently holds? NW2883E

REPLY

(1) No. According to the South African Police Services record system, no illicit activites were identified when the said person's finger prints were submitted for a criminal record check, which is done for employment purposes.

(2) Not applicable.

Reply received: October 2013

QUESTION NO: 2375

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

Which other departments can his department work with to ensure that prisoners (a) are truly rehabilitated and (b) are looked after once they leave the prisons, especially if they are homeless and without any skills? NW2790E

REPLY

(a) The Department of Correctional Services do work closely with the Department of Social Development (to look at the needs and protection of Mothers and Babies and those children who are in conflict with the law who are detained in Correctional Facilities), Department of Higher Education and Training (signed Protocol Agreement for provision of shorts skills programme funder under the National Skills Fund, implementation of FET College Programmes curriculum, Adult Education and Training), Department of Basic Education (establishment of full-time schools, presentation of curriculum of Early Childhood Development, contributing to Mass Literacy campaign through participation in KhaRiGude project) and Department of Home Affairs (provision of identity documents) to ensure that offenders are truly rehabilitated.

The Department has also established a healthy working relationship with the following departments to ensure that offenders are rehabilitated and successfully reintegrated into their community of origin.

· South African Police Services

· Department of Health

· Department of Human Settlements

· Department of Rural Development and Land Reforms

· Department of Justice & Constitutional Development

· Department of Home Affairs

· Department of Traditional Affairs (National House of Traditional Leaders)

· Department of Labour

· Department of Public Works

· Department of Women, Children & People with disabilities

· Department of Agriculture

· Department of Sports and Recreation South Africa

(b) All above mentioned State Departments are playing a great role after the release of inmates. All those who are homeless and without necessary skills are referred to the Halfway House and the above mentioned Department are crucial in the skilling, rehabilitation and successful reintegration of offenders back to their communities of origin.

Reply received: November 2013

QUESTION NO: 2304

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

Whether his department keeps a record of parolees who have been arrested; if not, why not; if so, (a) what is the total number of parolees who were arrested and (b) on what type of charge(s) in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years? NW2752E

REPLY

Yes, the record of parolees who have been arrested is kept at Correctional Centres.

(a) The total number of parolees who have been arrested is as follows:

REGION

2010/2011

2011/2012

2012/2013

Grand Total

Number of offenders placed on parole

Number of parolees who were arrested

Number of offenders placed on parole

Number of parolees who were arrested

Number of parolees placed on parole

Number of parolees who were arrested

Number of parolees placed on parole

Number of parolees who were arrested

Eastern cape

6 279

154

5 927

166

5 556

134

17 662

454

GAUTENG

7 316

22

7 326

32

8 393

37

23 035

91

KWAZULU-NATAL

6 661

86

6 737

110

6 824

64

20 222

260

LIMPOPO, MPUMALANGA & NORTH WEST

7 030

145

6 256

206

6 786

244

20 072

595

NORTHERN CAPE & FREE STATE

5 021

168

4 996

191

5 454

146

15 471

505

WESTERN CAPE

7 935

203

8 762

306

9 238

247

25 935

756

GRAND TOTAL

4 242

778

39 904

1011

42 251

872

122 397

2 661

(b) The charges vary as follow:

Charges / Crimes

Absconding

Assaults (including assault with intend to do grievous bodily harm and assault common)

Attempted murder

Child maintenance

Contempt of court

Culpable homicide

Dealing dagga

Domestic violence

Escape from lawful custody

Housebreaking with the intend to rob/ rape/ assault and theft

Malicious damage to property

Murder

Possession/ trade/ use of drugs

Possession of dangerous weapons and ammunition

Possession of stolen goods

Rape

Robbery

Shoplifting

Stock theft

Theft

Violation of interdict

Urinating in public

Reply received: October 2013

QUESTION NO: 2302

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

(1) Whether all offenders have been assessed in terms of section 38(1) of the Correctional Services Act, Act 111 of 1998; if not, what is the position in this regard; if so, how many (a) in each management area and (b) are serving a sentence of longer than 12 months;

(2) whether the offenders who are serving a sentence of longer than 12 months have received a sentence plan in terms of section 38(2) of the Act; if not, why not; if so, how many are participating in (a) education programmes, (b) skills development programmes and (c) work programmes? NW2750E

REPLY

(1) All new admissions serving longer than 24 months as per section 38 (1) of the Correctional Services Act, 1998, No 111 of 1998, as amended are assessed within 21 days of admission.

(a) All offenders serving a sentence longer than 24 months are assessed and a correctional sentence plan is compiled. The following information indicates the number of offenders in each management area who have been assessed and have a correctional sentence plan as at 31 March 2013:

Management Area

Numbers

GAUTENG REGION

Correctional sentence plan

Baviaanspoort

1 646

Boksburg

1 984

Johannesburg

3 283

Krugersdorp

910

Leeuwkop

3 939

Modderbee

2 747

Kosi Mampuru III

4 058

Zonderwater

2 655

TOTAL

21 222

WESTERN CAPE REGION

Correctional sentence plan

Allandale

1 074

Brandvlei

1 248

Breederivier

932

Drakenstein

1 856

Goodwood

760

Overberg

2 241

Pollsmoor

1 295

Southern Cape

1 343

Voorberg

1 460

West Coast

1 176

TOTAL

13 385

EASTERN CAPE REGION

Correctional sentence plan

Amathole area

1 232

East London Area

3 100

Kirkwood Area

861

Mthatha Area

1 984

Sada Area

1 605

St. Albans Area

3 025

TOTAL

11 807

KWA-ZULU NATAL REGION

Correctional Services

Durban

4 710

Ncome

1 806

Waterval

2 377

Kokstad

1 310

Empangeni

2 460

Pietermaritzburg

2 721

Glencoe

901

TOTAL

16 285

FREE STATE / NORTHERN CAPE

Correctional Services

Groenpunt

1 399

Kroonstad

1 875

Grootvlei

1 077

Goedemoed

1 492

Colesburg

410

Kimberley

3 635

Upington

792

TOTAL

10 680

LIMPOPO/ MPUMULANGA/ NORTHWEST (LMN)

Correctional sentence plan

Barberton

2 255

Bethal

1 390

Witbank

984

Polokwane

1 061

Thohoyandou

1 462

Kutama Sinthumule Private Correctional Centre

3 024

Klerksdorp

1 628

Rooigrond

1 513

Rustenburg

1 784

TOTAL

15 101

(b) There were 91 419 offenders with sentences longer than 24 months as at 31 March 2013. The Act was amended to assess offenders and compile correctional sentence plans for offenders serving a sentence longer than 24 months.

(2) Yes. Correctional sentence plans are compiled for all offenders who are serving a sentence longer than 24 months in terms of the amended Act. The Risk Profile Management Policy requires these offenders to be assessed and to have a correctional sentence plan within 21 days of admission.

Reply received: October 2013

QUESTION NO 2297:

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

(a) How many provincial correctional centres still owe money to service providers, (b) what are

the amounts owed and (c) what is his department doing to ensure that the provinces pay these debts? NW2682E

REPLY:

The Department of Correctional Services is demarcated into six (6) regions and one (1) National Head Office.

(a) As at 23 August 2013, all six (6) Regional Offices (comprising of 48 Management Areas), plus National Head Office, were indebted to service providers.

(b) As at 23 August 2013, there were 3 265 outstanding payments amounting to R29 436 958.04

Out of the 3 265 payments, 2 814 amounting to R3 287 841.38 are less than 30 days and 451 payments amounting to R26 149 116.66 are more than 30 days +

outstanding.

Outstanding payments are as indicated below:

Region

Number of payments

Amount (Rands)

Western Cape

398

5 898 691.54

LMN

512

1 115 160.81

KZN

652

6 649 525.35

Gauteng

566

9 558 383.64

Free State/ Northern Cape

761

3 409 895.61

Eastern Cape

226

1 891 059.33

Head Office

150

914 241.71

(c) Payments not made within the 30 days are monitored by drawing reports on a monthly basis per Region and per Head Office Branch. Head Office Branches and Regions are requested to provide reasons to the National Commissioner in cases of payments not made within 30 days, so as to ensure that the root causes are addressed.

Reply received: September 2013

QUESTION NO: 2253

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

(a) What is his department's plan to reduce its reliance on consultants in the 2012-13 financial year and (b) how will the levels of leadership be improved to ensure that (i) senior staff members are retained and (ii) persons are held accountable for any irregularities with regard to the misappropriation of his department's budget? NW2678E

REPLY

(a) Firstly, the Safety and Security Sector Education and Training Authority (SASSETA) has been engaged to fund the external service providers that should provide training during this financial book year (2012/13).

This has resulted in the following courses being offered externally and paid for by SASSETA:

  • Firearm Train the Trainer Tactical Training
  • Executive Development Programme
  • Advance Computer Training
  • Intermediate Computer Training
  • PALSA/HIV&AIDS
  • Occupational Directed Education Training and Development Programme (ODETDP)
  • Correctional Science learnership
  • SDF : Facilitator
  • Advanced driving skills
  • Internship: FET Graduates
  • Internships: University Graduates
  • Bursaries University Placement
  • Secondly, the number of Human Resource Development practitioners who are supposed to attend the OD-ETDP course so as to equip them with adequate skill and knowledge to compile curricula and training, as well as learning materials for internally presented courses, has been increased.

    Lastly, the Public Administration Leadership and Management Academy (PALAMA) has been approached to specifically source service providers in line with the specialized training needs of the Department of Correctional Services (DCS).

    (b)(i) The DCS introduced a comprehensive retention strategy to retain skills required for effective and efficient service delivery. In line with the latter strategy for senior leadership, the Department embarked on the process of revising the organisational structure with particular emphasis on Government Information Technology Officer (GITO) and other support functionaries.

    The GITO function was upgraded from Chief Directorate salary level 14 to that of Branch (Chief Deputy Commissioner: salary level 15). During the 2012/13, the number of IT consultants was reduced by more than 50% from 74 consultants in 2011/12 to 31 in 2012/13.

    An additional four (4) posts of Deputy Commissioners were created mainly to support the Chief Deputy Commissioner in discharging the functions while at the same time providing adequate information technology leadership. Of the 4 posts of Deputy Commissioner Posts, only 2 are currently funded.

    In an effort to retain the senior managers, the DCS also subject the Senior Managers to various courses such as:

    · Executive Development Programme

    · Applicable and compulsory conferences for professionals (EAP Conferences, Psychologists conference, Pharmacists conference) to obtain Continuing Professional Development points.

    · Applicable Symposium

    · Short courses

    · Study loan

    (ii) Section 38 of the Public Finance Management Act (PFMA), 1999 (Act No. 1 of 1999) empowers the National Commissioner with responsibilities as the Accounting Officer. The National Commissioner as Accounting Officer delegates the responsibility to Chief Deputy Commissioners and Deputy Commissioners as Programme Managers or Sub Programme Managers respectively. Programme Managers and Sub-Programme Managers certify monthly, in writing, any wasteful, wrongful, fruitless or irregular spending (misappropriation of funds). Should there be a report made on any misappropriation of funds, the prescripts for dealing with officials in terms of the Code of Conduct for officials lower than SMS level and the SMS Handbook are invoked.

    Reply received: September 2013

    QUESTION NO: 2192

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

    (1) What are the conditions under which inmates at Mangaung Correctional Centre are transferred to the intermediate unit;

    (2) whether inmates are afforded access to due process prior to being transferred to the intermediate unit; if not, why not;

    (3) (a) for what period are inmates housed in the intermediate unit and (b) under what conditions are they transferred back to the main centre;

    (4) whether the (a) Controller and (b) Independent Correctional Centres Visitors (ICCVs) regularly visit the intermediate unit; if not, in each case, why not; if so, in each case, how frequently;

    (5) whether the transfer to the intermediate unit differs from segregation as contemplated in section 30 of the Correctional Services Act, Act 111 of 1998; if so, in what way is it different? NW2610E

    REPLY

    (1) The following legal mandates in terms of Department of Correctional Services Act, 1998 (Act No. 111 of 1998) are used when transferring inmates to the intermediate unit:

    · Section 29

    · Section 26(1) and (3)

    · Section 4

    · Section 7(d) and (e)

    Contractual mandate (Concession Contract between Department of Correctional Services (DCS) and Contractor)

    · Schedule D, Goal 1, Clause 1.4

    · Schedule D, Goal 1, Clause 1.4.1

    The Contractor is utilizing various methods of risk analysis to determine the risk pertaining to inmates who pose a risk to employees and other inmates. One of these analyses that determine the risks that inmates pose is the Security Classification of Inmates, which is in line with Section 29 of the Correctional Services Act 111 of 1998.

    Inmates who pose a risk or threat to other inmates or employees by committing the following offences, will be transferred to a stricter security regime, Intermediate Unit:

    · Assault using a weapon;

    · Sexual assault; and

    · Continuous non-conforming behaviour

    These inmates will be categorized under Intermediate C Behaviour Modification Programmes, and be detained in the Intermediate Unit as approved by the Department of Correctional Services. Intermediate A and B Behaviour Modification Programmes are delivered in the normal housing units.

    (2) Inmates are only detained in the Intermediate Unit if an investigation was finalised, an ad-hoc case management meeting was held, and an assessment was done by a social worker to determine the risk the inmate poses. Part of the process is that inmates will be informed of the reason why they will be categorised under the Intermediate Unit C Behaviour Modification Programme and be given the opportunity to appeal the decision.

    (3)(a) Intermediate Treatment Programmes are outcome based and are assessed on a monthly basis by a Multi Disciplinary Team to determine how the inmates reacted and progressed on the Intermediate Treatment Programme. The Case Management Committee will then determine when the inmate will be placed on a probation period in a normal housing unit in conjunction with the decision of the Multi Disciplinary Team.

    (b) If the Case Management Committee is convinced that the inmate completed the Intermediate programmes, inmates are placed back into a normal housing unit where they will be placed on a probation period and be monitored by the Case Management Committee of the specific housing unit. Whilst inmates are under probation, they will take part in the normal daily activities as approved by DCS.

    (4)(a & b) In terms of the Concession Contract between DCS and the Contractor, the Controller and ICCV's have access to all parts (Units) of the Centre on a 24-hour, seven days a week basis. It can be confirmed that the Controller and ICCVs do visit at the Intermediate Unit regularly.

    (5) Segregation is detention in a single cell as stipulated in the Correctional Services Act 111 of 1998, section 30, and inmates receive segregation privileges as approved by the DCS.

    Intermediate C Behaviour Programme is a behaviour modification programme to address violent and continuous non-conforming behaviour of inmates. These inmates are detained in two (2) man cells and receive privileges as approved by the DCS. Inmates subject to Intermediate Treatment are able to take part in a "Structured Day Programme" for a minimum of 20 hours within each 7-day period during incarceration, as stipulated in the Concession Contract Schedule D, Goal 4, 4.4.

    Reply received: September 2013

    QUESTION NO: 2191

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

    (1) Whether his department has awarded a contract for the supply of electronic tracking devices to monitor offenders; if so, (a) when was the tender (i) advertised and (ii) awarded, (b) to which company or entity was the tender awarded and (c) what (i) are the key variables and (ii) is the cost of the contract;

    (2) with reference to his reply to question 517 on 16 April 2013 regarding the cost of the implementation of the Electronic Monitoring Pilot Project, what is the unit cost of each tracking device;

    (3) whether the tracking devices are manufactured locally; if not, (a) where are they manufactured and (b) were there no local companies that tendered for this contract? NW2609E

    REPLY:

    (1) Yes. The Department of Correctional Services has awarded a contract for the supply of tracking devices to monitor offenders as part of the Electronic Monitoring (EM) Pilot Project for 150 offenders.

    (a)(i) The tender was advertised on 26 August 2011.

    (ii) The tender was awarded on 21 December 2011.

    (b) The tender was awarded to Engineered Systems Solutions (ESS).

    (c)(i) Three key variables were identified, namely:

    · Technology

    EM Application

    Ø Platform, e.g. Radio frequency, Active GSM/GPS, Passive GSM/GPS

    Ø EM Equipment, e.g. single bracelet, two track device, alcohol detection device

    · Cost

    Ø EM equipment

    Ø Telecommunications

    · Project approach

    Ø Roll out methodology

    Ø Skills transfer, e.g. training of officials with regard to the operation of the control room, installation and activation of EM.

    (ii) The cost of the original twelve (12) month contract period from 28 March 2012 to 27 March 2013 was six million and five hundred and ten thousand rand (R6,510 000.00). The cost to extend the contract for another six (6) months until 30 September 2013 is a further three million and two hundred and fifty five thousand rand (R3,255 000.00).

    (2) The lease cost of the complete tracking system, including devices, electronic monitoring control room equipment and staff costs during the Pilot Project amounts to R118 per offender per day.

    (3) No, the tracking devices are not manufactured locally.

    (a) The tracking devices are imported by ESS.

    (b) Yes, local companies tendered for the contract and the company that was awarded the contract (ESS) is a South African company.

    Reply received: September 2013

    QUESTION NO: 2190

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

    (a) How many incidents of drug smuggling have occurred in each correctional centre in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years and (b) in each case, (i) how many officials were implicated and (ii) what subsequent disciplinary action has been taken against them? NW2608E

    REPLY:

    The information is indicated below:

    (a) per correctional centre (per region) for the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years and

    (b) in each case, (i) the number of officials implicated and (ii) subsequent disciplinary action taken.

    (a) Financial Year

    (a)

    Correctional Centre

    (a)

    Number of incidents of drug smuggling

    (b) (i)

    Number of officials implicated in each case

    (b) (ii)

    Disciplinary action taken in each case

    Western Cape

    i)

    2010-11

    Drakenstein Maximum

    1

    1

    Dismissed

    West Coast

    1

    1

    Dismissed

    ii)

    2011-12

    Breede River
    Male Centre

    1

    1

    Dismissed

    Drakenstein Maximum

    1

    1

    Dismissed

    Goodwood

    1

    1

    Dismissed

    Buffelsjags

    1

    1

    Final written warning (FWW)

    Helderstroom Med

    1

    1

    Pending

    Voorberg - Medium B

    1

    1

    Dismissed

    iii) 2012 - 13

    Breede River
    Male Centre

    1

    1

    Three [3] months suspension without salary

    Breede River
    Male Centre

    1

    1

    Dismissal - appeal pending

    Goodwood

    1

    1

    Dismissed

    Allandale

    1

    1

    Official has been charged and on suspension

    Breede River
    Female Centre

    1

    1

    FWW

    Pollsmoor Admin Centre

    1

    1

    Dismissed

    Pollsmoor Admin Centre

    1

    1

    Dismissed

    George

    1

    1

    Dismissed

    Free State

    i) 2010-11

    Upington

    1

    1

    Dismissal

    Kroonstad

    2

    2

    2 Dismissals

    Groenpunt

    2

    2

    2 Dismissals

    ii)

    2011-12

    Kimberley

    5

    5

    1 Withdrawal official resigned. 4 officials dismissed

    Grootvlei Medium A

    1

    1

    Dismissal

    Groenpunt Vereeniging

    1

    1

    Dismissal

    iii)

    2012-13

    Groenpunt Maximum

    1

    1

    Dismissal

    Gauteng

    i)

    2010-11

    Boksburg Management Area

    1

    1

    Dismissal 1

    Johannesburg Management Area

    5

    5

    Dismissal 4, Acquitted 1

    KgoŠi Mampuru II Management Area

    2

    2

    Dismissal 2

    Zonderwater Management Area

    1

    1

    Acquitted 1

    ii)

    2011-12

    Boksburg Management Area

    1

    1

    1 Dismissal

    Johannesburg Management Area

    6

    6

    Dismissal 3, Acquitted 2, Written warning 1

    KgoŠi Mampuru II Management Area

    2

    2

    Dismissal 2

    Krugersdorp Management Area

    1

    1

    Dismissal 1

    Leeuwkop Management Area

    1

    1

    Dismissal 1

    iii) 2012 - 13

    Boksburg Management Area

    1

    1

    Dismissal 1

    Johannesburg Management Area

    1

    1

    Dismissal 1

    Krugersdorp Management Area

    2

    2

    Dismissal 2

    Leeuwkop Management Area

    1

    1

    Dismissal 1

    Modderbee Management Area

    1

    1

    Dismissal 1

    Zonderwater Management Area

    1

    1

    Official was sentenced to imprisonment before the case can be finalized

    LIMPOPO, MPUMALANGA AND NORTH WEST (LMN)

    i)

    2010-11

    Klerksdorp Correctional Centre

    2

    2

    Acquitted/Insufficient Evidence (both)

    Potchefstroom Correctional Centre

    1

    1

    Resigned

    Middleburg Correctional Centre

    1

    1

    3 months suspension without pay

    iii) 2012 - 13

    Barberton Town

    1

    1

    Pending

    Barberton Maximum

    1

    1

    Insufficient Evidence

    Nelspruit Correctional Centre

    2

    2

    Pending

    Witbank Correction Centre

    1

    1

    Acquitted Insufficient Evidence

    EASTERN CAPE

    i)

    2010-11

    East London Remand

    1

    1

    Dismissal: 1

    Mount Fletcher Mthatha

    1

    1

    Suspension without salary for 3 months: 1

    Queenstown (Sada)

    1

    1

    Dismissal: 1

    St Albans Maximum

    1

    1

    FWW: 1

    ii) 2011-12

    East London Maximum

    1

    1

    Dismissal: 1

    Kirkwood

    1

    1

    Dismissal: 1

    St Albans Maximum

    1

    1

    Dismissal: 1

    iii) 2012 - 13

    East London Maximum

    1

    1

    Disciplinary process underway

    St Albans Medium A

    1

    1

    Dismissal: 1

    Grahamstown (Amathole)

    1

    1

    FWW

    Middledrift (Amathole)

    1

    2

    2: Not sufficient evidence

    KWA-ZULU NATAL

    i)

    2010-11

    Durban Med. B

    1

    1

    Dismissed

    ii) 2011-12

    Durban Med. B

    1

    1

    Dismissed

    Nkandla

    1

    1

    Suspension

    iii) 2012 - 13

    PMBurg Med. A

    1

    1

    Investigation not yet finalized.

    Ebhongweni

    1

    1

    The official is suspended and disciplinary action is still in progress

    Reply received: October 2013

    QUESTION NO: 2127

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

    (1) Whether any staff member in his department (a) performed work in addition to the responsibilities related to his or her work, outside normal working hours, in the (i) 2008-09, (ii) 2009-10, (iii) 2010-11, (iv) 2011-12 and (v) 2012-13 financial years and (b) has been performing such work during the period 1 April 2013 up to the latest specified date for which information is available; if not, how is it determined whether such work is being performed or not; if so, in each case, (aa) how many staff members and (bb) in what job or work categories are the specified staff members employed;

    (2) whether approval for such work was obtained in each case; if not, what are the relevant details; if so, (a) what is the policy of his department in this regard, (b) by whom are such applications considered and approved, (c) how many contraventions of this policy were brought to the attention of his department in the (i) 2010-11, (ii) 2011-12 and (iii) 2012-13 financial years and (d) what steps have been taken against transgressors? NW2549E

    REPLY

    (1)(a) Yes

    Financial year

    (aa) Number of officials

    (bb) Level of officials

    (i) 2008-09

    8

    Level 5

    11

    Level 6

    30

    Level 7

    14

    Level 8

    7

    Level 9

    4

    Level 10

    3

    Level 11

    2

    Level 12

    4

    Level 13

    Total

    83

    (ii) 2009-10

    2009-10

    (Continued)

    4

    Level 3

    1

    Level 4

    19

    Level 5

    52

    Level 6

    114

    Level 7

    27

    Level 8

    25

    Level 9

    26

    Level 10

    10

    Level 11

    15

    Level 12

    5

    Level 13

    Total

    294

    (iii) 2010-11

    4

    Level 3

    27

    Level 5

    44

    Level 6

    79

    Level 7

    43

    Level 8

    28

    Level 9

    31

    Level 10

    9

    Level 11

    14

    Level 12

    5

    Level 13

    2

    Level 14

    Total

    286

    (iv) 2011-12

    15

    Level 5

    46

    Level 6

    69

    Level 7

    34

    Level 8

    17

    Level 9

    13

    Level 10

    15

    Level 11

    12

    Level 12

    1

    Level 13

    1

    Level 14

    Total

    223

    (v) 2012-13

    1

    Level 3

    14

    Level 5

    25

    Level 6

    50

    Level 7

    15

    Level 8

    18

    Level 9

    5

    Level 10

    7

    Level 11

    5

    Level 12

    3

    Level 13

    2

    Level 14

    Total

    145

    (2) Yes

    (a) The Department has a policy in place for Financial Disclosure and Performance of Remunerative Work outside employment of Department of Correctional Services.

    (b) The delegation to grant permission to officials for remunerative work performed outside of normal working hours is as follows:

    · Levels 2-12 Chief Deputy Commissioner/Regional Commissioner

    · Levels 13-15 National Commissioner

    (c) & (d) Identified contraventions are reported to the Departmental Investigation Unit for further investigation into these cases. Below are reported cases:

    Financial year

    Number of contraventions

    Steps taken

    i. 2010-11

    5

    · x1 Dismissal

    · x1 Case unfounded

    · x2 Closed due to lack of evidence

    · x1 Resignation

    ii. 2011-12

    7

    · x2 Still under investigation

    · x2 Case unfounded

    · x1 Closed due to lack of evidence

    · x1 Final written warning issued

    · x1 Dismissal

    iii. 2012-13

    4

    · x3 Still under investigation

    · x1 Case unfounded

    Reply received: October 2013

    QUESTION NO: 2094

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

    (a) Does his department prepare quarterly interim financial statements and (b) are these statements considered by the Audit Committee? NW2516E

    REPLY

    (a) Yes, the Department of Correctional Services prepare quarterly interim financial statements for submission to National Treasury.

    (b) No, the Audit Committee does not currently consider the interim financial statements. However, the annual financial statements are presented to the Audit Committee prior to submission to both the National Treasury and Auditor-general of South Africa. It should be noted that the State of Expenditure and Irregular, Fruitless and Wasteful Expenditure reports are considered in every Audit Committee meeting.

    Reply received: September 2013

    QUESTION NO: 2048

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

    How many officials within his department have been investigated for disciplinary issues in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years, and, in each case, what (i) was the nature of the disciplinary charge and (ii) subsequent action was taken against them? NW2470E

    REPLY

    The number of disciplinary hearings recorded in the Department of Correctional Services and the outcomes thereof are published in Tables 4.11.2 and 4.11.3 in the Department's Annual Reports for the corresponding financial years as follows:

    Note: The numbers in (i) and (ii) will differ due to some employees being involved in more than one disciplinary case and/or sometimes facing a number of charges that result in more than one sanction in the same hearing.

    (a)(i) The Department of Correctional Services recorded 4247 disciplinary cases in the 2010/11 financial year. In terms of the Department's disciplinary procedure, a distinction is made between "less serious" cases and "serious" cases. Not all less serious cases are preceded by an investigation.

    (ii) The outcome of disciplinary cases are as follows:

    OUTCOMES: LESS SERIOUS AND SERIOUS

    MISCONDUCT

    NUMBER

    Corrective Counselling

    682

    Verbal warning

    905

    Written warning

    788

    Final written warning

    527

    Dismissal

    88

    Demotion (as alternative to dismissal)

    14

    Suspension without pay (as alternative to dismissal)

    167

    Case withdrawn

    218

    Not guilty

    172

    No outcome

    513

    TOTAL

    4074

    (b)(i) The Department of Correctional Services recorded 4171 disciplinary cases in the 2011/12 financial year. In terms of the Department's disciplinary procedure a distinction is made between "less serious" cases and "serious" cases. Not all less serious cases is preceded by an investigation.

    (ii) The outcome of disciplinary cases are as follows:

    OUTCOMES: LESS SERIOUS AND SERIOUS MISCONDUCT

    NUMBER

    Corrective Counselling

    502

    Verbal warning

    697

    Written warning

    721

    Final written warning

    559

    Dismissal

    183

    Demotion (as alternative to dismissal)

    17

    Suspension without pay (as alternative to dismissal)

    131

    Case withdrawn

    144

    Not guilty

    200

    No outcome

    473

    TOTAL

    3627

    (c)(i) The Department of Correctional Services recorded 3765 disciplinary cases in the 2012/13 financial year. In terms of the Department's disciplinary procedure a distinction is made between "less serious" cases and "serious" cases. Not all less serious cases is preceded by an investigation.

    (ii) The outcome of disciplinary cases are as follows:

    OUTCOMES: LESS SERIOUS AND SERIOUS MISCONDUCT

    NUMBER

    Corrective Counselling

    464

    Verbal warning

    669

    Written warning

    674

    Final written warning

    497

    Dismissal

    167

    Demotion (as alternative to dismissal)

    12

    Suspension without pay (as alternative to dismissal)

    156

    Case withdrawn

    138

    Not guilty

    138

    No outcome

    379

    TOTAL

    3294

    Reply received: August 2013

    QUESTION NO: 2047

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

    What is the number of awaiting-trial prisoners in each province as at 30 June 2013? NW2469E

    REPLY

    The Department of Correctional Services is demarcated into six regions and not nine provinces.

    The information as of 30 June 2013 was as follows:

    Region

    Remand Detainees (Awaiting-trial prisoners)

    Eastern Cape

    5 212

    Gauteng

    11 888

    Kwazulu-Natal

    6 791

    Limpopo, Mpumalanga & North West

    5 091

    Free State and Northern Cape

    5 061

    Western Cape

    9 394

    National (Grand Total)

    43 437

    Reply received: October 2013

    QUESTION NO: 2046

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

    How many incidences of rape have been reported in each prison in the (a) 2010-11, (b) 2011-12 and (c) 2012-13 financial years? NW2468E

    REPLY

    (a) 2010/2011 financial year see attached link: http://www.pmg.org.za/rnw2046-131029

    Reply received: October 2013

    QUESTION NO: 2030

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

    (1) Whether he was informed that inmates staged a riot at the Groenpunt Maximum Centre on 7 January 2013; if not, what is the position in this regard; if so, what are the relevant details;

    (2) whether the confrontation involving 15 remand detainees resulted in the serious injury of five inmates; if not, what is the position in this regard; if so, what are the relevant details;

    (3) whether the 26 and 28 prison gangs (details furnished) are a phenomena in this centre; if not, how was this conclusion reached; if so,

    (4) whether these gangs have been found to be responsible for some of the violence and deaths in prisons, especially in the Western Cape (details furnished)? NW2411E

    REPLY

    (1) Yes, I was informed by the then Acting National Commissioner of Correctional Services, The incident was receiving attention from relevant officials, and I was regularly updated on developments.

    (2) In the riot that occurred at the Groenpunt Maximum Correctional Centre on 7 January 2013, fifty (50) offenders and nine (9) officials sustained injuries during the incident. All the injured offenders and officials received treatment accordingly and there were no fatalities arising from the incident. The incident involving fifteen (15) remand detainees, which resulted in the serious injury of five (5) offenders referred to in the question, actually happened at the Pollsmoor Correctional Centre on 23 January 2013, and not at Groenpunt Maximum Correctional Centre.

    (3) Yes, the 26 and 28 prison gangs, as well as other gangs such as the RAF 3, RAF 4 and various community gangs do have a presence in the Groenpunt Maximum Correctional Centre.

    (4) With regard to the incident at the Groenpunt Maximum Correctional Centre on 7 January 2013, there is no clear evidence that the incident was gang orchestrated. Offenders involved in the riot included offenders who belonged to different gangs, as well as offenders not belonging to gangs.

    With regards to the incidents at Pollsmoor Correctional Centre on 23 January 2013, as well as at St. Albans Correctional Centre on 18 January 2013, it can be stated that violence between members of the 26 and 28 gangs played a major role in the eruption of violence and subsequent injuries and death of offenders.

    Reply received: September 2013

    QUESTION NO: 2025

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

    (1) Whether any policy is currently in place to shorten the time of awaiting-trial prisoners in correctional centres; if so, what are the relevant details;

    (2) whether his department has finalised the policy that deals with gangsterism in prisons, specifically regarding the installation of CCTV cameras in the cells of inmates; if not, why not; if so, what are the relevant details? NW2330E

    REPLY

    (1) No, there is no policy to shorten the time of awaiting-trial prisoners in Correctional Centres because the length of detention for the awaiting trial detainees is beyond the control of the Department of Correctional Services as a detention institution. There is however, a Justice Crime Prevention and Security Cluster (JCPS) protocol and an operational policy for referral of remand detainees to court based on their length of detention which have been developed to give effect to the implementation of section 49G of the Correctional Matters Amendment Act (Act 5, 2011).

    The implementation of section 49G of the Correctional Matters Amendment Act (Act 5, 2011) states that the period of incarceration of a remand detainee must not exceed two years from the first date of admission into a remand detention facility, without such matter being brought to the attention of the court concerned. If the court decides that the remand detainees must continue with detention, subsequent referrals will be done on a yearly basis i.e., from the third year onwards. This section has only been implemented on 1 July 2013.

    (2) The policy regarding the installation of Closed Circuit Television (CCTV) cameras in cells has not been finalised. The Department is considering various aspects such as international best practice, human rights (privacy) matters, etc. A legal opinion on this matter has been sought and a decision is expected to be reached within this current financial year (2013/14).