ATC141031: Portfolio Committee on Justice and Correctional Services’ Budgetary Review and Recommendation Report on the Department of Correctional Services Performance in 2013/14, and the First Half of the Current Financial Year, dated 29 October 2014
COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES BUDGETARY REVIEW AND
RECOMMENDATION REPORT ON THE DEPARTMENT OF CORRECTIONAL SERVICES PERFORMANCE
IN 2013/14, AND THE FIRST HALF OF THE CURRENT FINANCIAL YEAR, DATED 29 OCTOBER
The Money Bills Amendment Procedure and
Related Matters Act (2009) provides for, amongst others, a parliamentary
procedure to amend Money Bills. This procedure grants parliamentary committees
greater opportunity to influence the allocation of funds to the departments
they oversee. Section 5 compels the National Assembly, through its committees
to submit annual Budgetary Review and Recommendation (BRR) reports on the
financial performance of departments accountable to them. The BRR report must
be informed by a Committees interrogation of, amongst others, national
departments estimates of national expenditure, strategic priorities and
measurable objectives, National Treasury-published expenditure reports, the
relevant annual reports and financial statements, as well as observations made
during all other oversight activities.
According to section 2 of the
Correctional Services Act (Act 111 of 1998), the Department of Correctional
maintaining and protecting a just, peaceful, and safe society, by enforcing
court-imposed sentences in the manner prescribed by the Act, detaining inmates
in safe custody while promoting social responsibility and the human development
of all offenders and persons subject to community corrections.
According to section 85(1) of the Act,
the Judicial Inspectorate for Correctional Services is an independent office
under the control of the Inspecting Judge. The JICS is mandated to facilitate
inspections of correctional centres, in order for the Inspecting Judge to
report on the treatment of inmates, and conditions of incarceration. In
addition, the Inspecting Judge has powers to inspect correctional and remand
centres; handle complaints; conduct investigations; and make rules consistent
with the legislation.
In addition to its other obligations,
the Portfolio Committee on Justice and Correctional Services (the Committee) oversees
the DCS and JICS in their efforts to deliver on their mandates. To this end,
the Committee should monitor the implementation of, and adherence to policies
such as the White Papers on Corrections in South Africa and Remand Detention;
relevant legislation; principles of good governance; efficient spending, and
service delivery in line with their mandates, strategic objectives, and
government policies and priorities.
preparing to report on the DCS and JICSs financial and service delivery performance
in the period under review the Committee considered, amongst others, previous
reports and recommendations related to their service delivery and financial
performance; the DCSs 2013/14 Annual Report and Financial Statements; the
JICSs 2013/14 Annual Report; National Treasury-published expenditure reports; and
stakeholder-input on the DCS and JICSs performance
above-mentioned stakeholder hearings were held on 14 and 15 October
respectively. The following stakeholders made submissions: Civil Society Prison
Reform Initiative, Lawyers for Human Rights, Wits Justice Project, Gender
Health and Justice Research Unit (University of Cape Town), National Institute
for Crime Prevention and the Reintegration of Offenders, Just Detention
International, Sonke Gender Justice Network, Treatment Action Campaign, Police
and Prisons Civil Rights Union, and the Public Servants Association of South
Africa. The stakeholder interactions were an important part of the still new
Committees preparation for the interrogation of the JICS and DCSs
It should be noted that this review is required
just a few months after the Committee was established. We are still in the
process of developing a method for managing our workload which has
substantially increased since the merging of the Correctional Services and
Justice and Constitutional Development portfolios. Given the circumstances, the
input received from stakeholders on not only the DCS and JICSs performance in
the period under review, but also on their performance in the preceding years,
the Portfolio Committee on Correctional Services Handover Report (March 2014),
and interactions held during the July 2014 consideration of the DCS and JICSs
2014/15 budgets, were extremely valuable to the Committees preparation
OF CORRECTIONAL SERVICES
2013/14 Annual Report and Financial
Findings of the Auditor General of South
received a qualified audit in respect of movable tangible capital assets: the
Auditor General of South Africa (AGSA) could not trace movable tangible capital
assets disclosed in note 32 of the financial statement, and valued at
approximately R73 million. The DCS was, therefore, found to have contravened section
40(1)(a)-(b) of the Public Finance Management Act (PFMA). Key material findings
are outlined in paragraphs 2.1.2 to 2.1.9 below:
of 50% of the indicators under the
were not well defined, and a significant number did not relate
logically and directly to an aspect of the DCSs mandate, and the realisation
of strategic goals and objectives as per their five-year strategic plan. In
addition, significant important targets were materially misstated.
of 50% of the
targets under the
were not time-bound,
and 75% of the indicators were not well defined. None of the reported
objectives were consistent with those in the strategic plan that was approved.
Significant important targets were materially misstated.
did not comply with certain
. The National Commissioner did not always ensure that
effective, efficient and transparent systems of financial and risk management
and internal controls, as required by Section 38(1)(a) of PFMA, were
maintained. Furthermore, systems to collect and report performance were found
to be inadequate. Specific and appropriate information systems to monitor the
progress made towards achieving the goals, targets and core objectives as
indicated in the Annual Performance Plan were not implemented and operational
(Public Service Regulation Part IIIB.1(f)(i)(ii)).
Auditor General found a number of weaknesses in the DCSs
procurement processes, and contract management
: some DCS employees
performed remunerative work outside of their employment, and without written
permission from the relevant authority (section 30 of the Public Service Act);
some employees whose family members, partners or associates had a private or
business interest in contracts awarded by the DCS, failed to disclose such
interest (Treasury Regulation 16A8.4); awards were sometimes made to suppliers
that were listed on the National Treasurys database as persons prohibited from
doing business with the public sector (Treasury Regulation 16A9.1(c)).
respect of the DCSs
were in place to improve record-keeping but information, especially relating to
predetermined objectives, was not always readily available. It was also found
controls were not always
excercised/implemented over daily and monthly processing and reconciling of
transactions; and that although the DCS was aware of the laws and regulations
that it had to comply with, monitoring of compliance remained inadequate.
risk assessments were conducted, strategies to address the identified risks
were not always effective: recurring misstatements remained high; and there
were persistent control weaknesses in the financial reporting process. Although
the DCS had an internal audit function to assist its management in maintaining
efficient and effective systems of internal control through evaluation and the
development of recommendations for improvement, no evidence could be obtained
that the appropriate level of management assessed the effectiveness of the
internal audit function on a regular/periodic basis.
was no evidence that the
had reviewed the effectiveness of the internal control systems (Treasury
Regulation 3.1.10(a)); the effectiveness of the internal audit function
(Treasury Regulation 3.1.10(b)); or the DCSs compliance with legal and
regulatory provisions (Treasury Regulation 3.1.10(f)). No evidence could be
obtained that one of the existing audit committee members services had been
prematurely terminated and that that had been communicated to the Minister of
Correctional Services (Treasury Regulation 3.2.7(d)).
number of findings were made in relation to the quality of the DCSs
. The appropriate level of
management did not regularly review reporting as is best practice and required
by the PFMA. This finding was made in relation to management regions
especially. Inaccurate reports pertaining to both financial information as well
as predetermined objectives were submitted to the national department, with
limited or no review. Key positions were vacant for significant periods of
time, and occupied by employees in acting capacities. Despite having designed
an action plan to address internal control deficiencies that were identified by
external auditors, the plan had not been fully implemented at the time of the
The DCS was allocated an adjusted budget of
approximately R18,75 billion in 2013/14, the bulk of which was spent on compensation
The DCS spent 99,7%
of its budget, and managed to reduce its underspending from R386,7 million in
2012/13 to R48,48 million in 2013/14.
totalling just over R293 million were effected in 2013/14: R134,051 million was
shifted from the Administration programme to the Care and Incarceration
programmes; R79,692 million was shifted from the Rehabilittaion programme to
the Incarceration programme; and R79,260 million from the Care programme. Most
of the funds were moved from budgets intended for the compensation of
employees, and used for agency support/outsourced services for the inmates
nutritional services catering contract (Care programme); and compensation of
employees (Incarceration programme).
DCSs fruitless and wasteful expenditure decreased from R34,7 million in
2012/13 to R8,1 million in 2013/14. The expenditure was incurred in relation
to, amongst others, incorrect payments to suppliers (R709 000), and the late
cancellation of the 100 Years Celebration (R278 000), failure to attend
training (R 32 000) and cancellation of travelling (R41 000). At the time of
reporting all incidents of fruitless and wasteful expenditure were under
expnditure showed an increase from R215,6 million in 2012/13 to R579 million in
2013/14. The irregular expanditure was incurred owing to, amongst others,
improper procurement processes (R16,7 million); the unavailability of a service
level agreement (R15,5 million) and payments of medical accounts (R9,1
million). At the time of reporting, all incidents of irregular expenditure were
received R117,129 million in revenue, collected from amongst others fines,
penalties, sales of goods and services, and financial transactions in assets
on compensation of employees increased from R9,1 billion in 2012/13 to R9,8
billion in 2013/14, and 81% of the expenditure went towards salaries.
Performance bonuses decreased from R98,274 million in 2012/13, to R83,333
million in 2013/14.
Expenditure on Goods and Services increased
from R4,9 billion in 2012/13 to R5,3 billion in 2013/14. Of that amount R819
million was paid to Consultants, Contractors and Outsourced Services; R242
million was spent on travelling and subsistence; and R93,595 million on
computer services. The Committee also noted the slight increase in the
expenditure on external audit services from R43 million in 2012/13 to R47,347
million in 2013/14.
Claims against the DCS increased from R545,626
million in 2012/13 to R984,317 million in 2013/14. R448,489 million of this
amount was in respect of liabilities incurred in 2013/14, for amongst others
defamation (R278,636 million); unlawful detention (R91,169 million) and bodily
injury/assaults (R23,158 million). In the period under review the DCS paid
liabilities amounting to R9,8 million.
Performance across programmes
The Administration programme comprises the
Management, Finance and Corporate Services
sub-programmes, and received a final appropriation of R5,15 billion. Despite
having spent this entire allocation, only 40% of the nine targets were
The filling of vacancies in senior positions
across the Criminal Justice System (CJS) was identified as a government
priority in 2013. Per the Annual Report only 41 825 of the DCSs 44 234 approved
posts had been filled by the end 2013/14. The vacancy rate increased from 4,1%
in 2012/13 to 5,4% in 2013/14. The following key management positions had, at
the time of reporting, been vacant for up to two years - National Commissioner;
Chief Deputy Commissioner: Strategic Management; Chief Financial Officer; Chief
Audit Executive; Regional Commissioner: Limpopo/Mpumalanga/North West; Deputy
Commissioner: Internal Control and Compliance; Deputy Commissioner: Legal
Services. The 0,26% under-expenditure reported under the Finance sub-programme
was due to vacancies that could not be filled, largely owing to poor management
of selection and appointment processes.
The DCS exceeded the target for
participation in training in line with the workplace skills plan (WSP) by 6
063, but no information is provided with regard to the impact the training has
had on the DCSs service delivery; the circumstances that had led to the higher
than expected participation, and how the increased participation had been accommodated.
The fight against corruption remains a
government priority and, according to its Annual Report, the DCS has made some
progress in this regard. The number of disciplinary cases decreased from 3 567
in 2012/13 to 2 985 in 2013/14. In addition the number of theft, fraud, bribery
and corruption cases reported, continued to decrease from the 152 reported in
2011/12 to 87 in 2013/14.
Its under-capacitated legal services unit
notwithstanding, the DCS exceeded the target to defend every case brought
against it all cases brought against it were defended. Of interest is what
the impact of this success has been, particularly as the DCS paid liabilities
to the amount of R9,8 million in the period under review, and the reported
increase in claims against the Department (see paragraph 2.2.8 above).
Quarterly reports should in future provide the outcome of the matters defended.
The strengthening of the Criminal Justice
System (CJS) relies heavily on the integration of Justice, Crime Prevention and
Security cluster (JCPS cluster) departments strategies. Such integration
depends on the success with which IT solutions supporting the offender and
remand detainee management system are implemented. It is noted that the DCS had
all but met its targets in relation to the inter-operability of the Integrated
Justice System (IJS), and the Integrated Correctional Management System (ICMS).
In both cases the business process re-engineering projects were 99% completed.
This success is noted, but concerns remain about the pace at which the DCSs IT
solutions for effective inmate management especially are implemented.
It is noted that the DCS has identified the
review of its human resource policy as one of its future policy initiatives. Given
the DCSs serious human resource-related challenges and leadership instability,
progress in this regard will be closely monitored.
comprises the Security Operations, Remand Detention, Facilities,
and Offender Management sub-programmes. The programme received a final
appropriation of R10, 4 billion, the bulk of which was spent on Security
Operations. Despite having spent its entire budget, only 40% of the ten targets
The number of assaults on inmates has
increased from 5 284 in 2011/12 to 7 370 in 2013/14. The Committee shares
stakeholders concern about the DCSs failure to disaggregate assaults to
indicate whether they were perpetrated by inmates or officials. In its annual
report the JICS indicates that it investigated 109 assaults by officials on
inmates in the period under review. In several instances the DCS had failed to
provide the JICS with its own internal investigation reports.
As in previous reports, the DCS again failed
to disaggregate assaults to indicate the number of sexual assaults and/or rape.
This remains a serious concern, as lack of knowledge of these statistics draws
into question the DCSs capacity and commitment to identifying categories of
offenders who may be vulnerable to sexual assault. Failure to identify
vulnerable categories of inmates could result in the sexual violence which is
reported to be rife in correctional centres, to continue.
The DCS adopted the
Policy Framework to Address the Sexual Abuse of Inmates in the
Department of Correctional Services
in March 2013 but it is not referred to
in the annual report. The Committee agrees that the DCS has an obligation to
identify vulnerable offenders upon admission, and to ensure that they are
adequately protected. The lack/inadequacy of screening of offenders for
vulnerability to sexual violence and exploitation that was raised during
stakeholder interactions, and in the briefings by the DCS and JICS, is of major
concern and will be explored further in the course of our oversight.
The discrepancies in the DCS and JICSs
statistics pertaining to unnatural deaths are a cause for concern. According to
the JICSs annual report, 634 deaths were reported in 2013/14. According to the
JICS, 46 of these deaths were unnatural, and in ten cases the cause of death
remained unknown. The DCS in turn reported 61 unnatural deaths, of which 24
were owing to still unknown causes. At the time of reporting the discrepancy
had not yet been satisfactorily explained.
The DCS reported nine deaths caused by
assault, and according to the JICS they were perpetrated by inmates. Neither
report gives any indication of whether the nine incidents were reported to the
police for investigation, and if so what the outcome was.
Twenty-five suicides were reported in the
period under review, and per the JICS in 21 instances the inmates had hanged
themselves. According to the JICSs analysis of their findings in relation to
suicides, the vast majority could have been prevented had the DCSs
supervision, risk assessment processes, compliance with health policies, and
mandatory reporting been adequate.
As the DCS must report all deaths in
correctional centres, and given the JICSs responsibility to, through its monitoring
of conditions of incarceration and the treatment of offenders, contribute to
the safe incarceration of inmates, the inconsistent reporting raises concerns. Unnatural
deaths in incarceration are unacceptable, and every death should be
investigated in order to establish its cause. Both the DCS and JICS have an obligation
to ascertain the cause of death, and where a death could have been prevented
had adequate care been taken, introduce remedial action.
The DCS ascribes the increase in escapes from
43 in 2011/12 to 60 in 2013/14, to an increase in group escapes. The
increase, regardless of the cause, demands urgent attention.
The 63,3% increase in gang-related incidents
is noted with concern. Apart from gang activity undoubtedly contributing to the
assaults and deaths reported, the sharp increase may also point to complicity
on the part of officials. The DCS should, as a matter of extreme urgency, identify
risk areas that require immediate attention. A long-term strategy should be developed
in order to ensure that all officials, especially those charged with custodial
and security responsibility, are vetted.
It is noted with concern that despite the
vast sums spent on renovating and building new facilities, the DCS has again
failed to meet targets in relation to the creation of additional bed-spaces. As
in the past slow progress by contractors was cited as the main reason for the
non-achievement of targets. Overcrowding too contributes to poor monitoring and
supervision, especially given the DCSs shortage of security personnel and inadequate
infrastructure. Delays in the completion of renovation and construction
projects therefore have a major impact on the DCSs ability to provide safe and
The Committee has noted the progress made in
relation to remand detention management. However, we remain concerned about the
length of time spent waiting trial. While the percentage of detainees with bail
who were placed under non-custodial supervision had increased owing to heads of
centres timeous submission of the relevant applications to courts, poor court
management and delays in the finalisation of cases are reported to have hampered
the reduction in time spent awaiting trial.
is charged with ensuring the safe and secure incarceration of inmates. The high
incidence of escape, assault and deaths in incarceration remains a serious concern,
and strategies for improving security should be explored with greater urgency.
Programme 3: Rehabilitation
comprises the Correctional Programmes; Offender Development; as
well as the Psychological, Social and Spiritual services sub-programmes. The
DCS perennially underspends on this programme. The programme received a final
appropriation of R998, 02 million. Only 95. 2% of the budget was spent owing to
the delay in the filling of funded posts. Of the eight targets set, 70% were
The DCS ascribed its under-performance in
relation to inmate participation in education programmes as prescribed by their
sentence plans, to the shortage of educators, inadequate infrastructure and
reluctance from inmates to participate in education programmes.
The target in relation to offenders
participation FET college programmes could not be met owing to lack of National
Skills Fund funding, and shortage of technical educationists and artisans to
deliver skills-based programmes.
While targets in relation to the provision of
social work and spiritual services had been exceeded, the acute shortage of
psychologists (the DCS reported a 24.3% psychologist-vacancy rate) has resulted
in under-performance in relation to the provision of psychological services.
This remains a concern, not only because it impacts on the DCSs ability to
implement programmes aimed at correcting offending behaviour, but also because
it impacts on its ability to support those new inmates who may need specialist
interventions to cope with the trauma of incarceration.
comprises the Nutrition Services, Hygiene Services, and Health Services
sub-programmes. The programme received a final appropriation of R1,79 billion.
All five targets were achieved.
The DCS has succeeded in recruiting officials
to work in food services units, upgrade facilities to provide food services,
and monitor equipment to ensure that they were maintained and functioned well.
This is a commendable achievement and good progress towards the DCSs
self-reliance as far as the provision of nutrition services.
Section 35(2)(e) of the Constitution obliges
the state to the provision of adequate health care. This obligation is given
effect in the provisions of the Correctional Services, Health and Mental Health
Care legislation. Although the DCS did not provide statistics in relation to
its delivery of adequate health care services, the JICS reports that it had
received only 98 health care-related concerns in 2013/14, and that this figure
was much lower than expected. Of these, 21 related to the failure to provide
medical treatment, and an additional 21 to provision of inadequate medical
treatment. The JICSs comment that the complaints may be under-reported is a
concern, particularly given the constitutional obligation on the state to
provide adequate health care. The Committee looks forward to improved reporting
in this regard.
The DCS reports that it has met its target in
relation to both the TB cure rate, and the provision of anti-retroviral therapy
(ART). The spread of communicable diseases such as tuberculosis is exacerbated
in confined and congested environments, and, therefore, the work done in this
regard should continue. In addition, more should be done to create an
environment in which inmates feel able to report sexual offences. Unless such
cases are reported, and trends in this regard monitored, it will not be
possible to put preventative mechanisms in place to protect vulnerable
offenders, and to prevent HIV- and other infections.
In 2013, the DCS had indicated that the spending
focus over the medium term would be on improving treatment for mental illness.
According to the JICSs annual report, the DCS has 83 state patients in its
care. The situation, which is largely out of the DCSs control, is of serious
concern because the DCS has neither the resources nor infrastructure to meet
the needs of inmates with mental illnesses that cannot be controlled.
Incarcerating such persons with other inmates and in the care of personnel that
have not been trained to manage such conditions, places the patient, other
inmates and officials at risk.
5: Social Reintegration
programme comprises the Parole Administration, Supervision,
Community Reintegration, and Office Accommodation: Community Corrections sub-programmes.
The programme received a final appropriation of R289 million. Of the nine
targets set, 70% were achieved.
That the DCS was unable to meet targets in
relation to inmates considered for parole, is noted with concern. According to
the annual report, case management committees (CMCs) succeeded in preparing
case files, but correctional supervision and parole boards (CSPBs) could not
consider all cases owing to lack of capacity. The Committee has noted previous
recommendations that the administration of parole requires review, and agrees
that this should be prioritised.
The Committee is pleased to note that targets
in relation to victim participation had been exceeded by just under 3%. Efforts
to increase victim participation should be accelerated, to ensure that the
restorative justice programme has the intended effect i.e. ensuring that not
only victims, but all individuals and communities affected by crime, feel safe
and have their trust in the justice system restored. Restorative justice
efforts such as victim participation in the parole process should start as
early as possible after sentencing so that the perception that such efforts
were merely for compliance with parole requirements, is combatted.
The DCS did not meet the target in relation
to the rollout of electronic monitoring, and only succeeded to tag 288 of the
intended 500 offenders. No reasons were provided for the failure to finalise
the roll-out. The Committee notes that the DCS has identified electronic
monitoring as an area that requires further development and debate, and that an
Electronic Monitoring policy may be pursued in future. This development is
welcomed, and every effort should be made to accelerate work done in this
regard, so as to ensure the rollout of the programme to as many categories of
parolees and probationers as possible, and not only to parolees who are serving
life sentences. Electronic Monitoring will assist as far as managing the inmate
population, and reducing overcrowding is concerned
The Committee has noted that the
Approved Awareness Strategy on alternative
non-custodial sentences and measures under the system of Community Corrections
was implemented as intended. The strategy is welcomed, but more clarity should
be provided with regard to the impact it is supposed to have (other than
greater awareness), and the extent of the DCSs efforts to make alternative
sentences an attractive and viable option to judicial officers. The success as
far as lowering parole and probation violations, should be built on as these inspire
confidence in the DCSs ability to manage those serving their sentences outside
of correctional centres. The Committee agrees that together with electronic
monitoring, improved parole administration, and well managed supervision,
alternatives to custodial sentences will go along way towards alleviating the
challenges and risks associated with overcrowding
Performance between 1 April and 30 June
This section, which is
an overview of the DCSs performance in the first quarter of the 2014/15
financial year, should be read along with the Committees report on the
Department of Correctional Services 2014/15 budget (Vote 21) published in July
of financial and programme performance
the end of the first quarter 2014/15 the DCS had spent 23.1% of its budget.
Although 1,3% lower than what was projected, this was an improvement on the 22,7%
that was spent in the first quarter of the previous financial year. Expenditure
on all programmes was below target. The biggest variance between the projected
and actual spending was reported in relation to the
Only 21,9% of the
programmes allocation was spent i.e. 0,7% less than
expected. Lower than planned spending occurred on all sub-programmes, except
Ministry and Finance.
Most of the targets are to be measured
annually, and work towards meeting them is reportedly in progress. Seven of the
eight targets measured quarterly were achieved. The target relating to actual against
projected expenditure was not met: the DCS underspent in the first quarter.
Targets to be closely monitored during quarterly reviews relate to the DCS IT
environment and include: progress made as far as the procurement of an
integrated inmate management system; the implementation of the electronic
monitoring system; the upgrading of infrastructure to establish an automated
and integrated core operations support system; the design and implementation of
phase 1 of centralised and virtualised server architecture; and the
implementation of security VPN (virtual private network). At the time of
reporting the DCS could not yet provide a status report in relation to the
implementation of a security VPN.
The Committee will monitor developments
related to the DCSs IT-environment, which is integral to improved inmate
management, improved risk management, improved and reliable reporting, and, crucially,
the successful integration of the justice system.
Only 24,1% of the
programmes allocation was spent i.e. 1,1% lower than
projected. Expenditure was lower than expected on all sub-programmes, except
Offender Management. Under-expenditure was greatest in relation to the Security
Operations, and Remand Detention sub-programmes, and was due largely to
The DCS reported that 82% of its targets in
this programme were achieved. Except for targets in the Offender Management
sub-programme, all targets were reportedly either achieved or in progress. The
target not achieved related to the reduction of the inmate population:
overcrowding stood at 30% at the end of June i.e. 1% higher than targeted. The
DCS intends to create 480 bed-spaces in 2014/15; no progress was reported because
the target is to be measured annually.
Expenditure on the
programme was 4,3% lower than the planned 22,7%. The
greatest under-expenditure was reported in relation to this programme, with the
largest variance reported in relation to the Correctional Programmes
The DCS reported that it had met 43% of the
targets for this programme. Of seven targets, three were measured annually and
were reportedly in progress, three were achieved and one was not achieved. Of
interest is that despite its psychologist and social worker-shortage targets
related to psychological and social work services were exceeded. Given the
DCSs artisan shortage, the under performance in relation to skills development
programmes was expected, but remains a cause for concern.
Given the under-performance in 2013/14 in
relation to education and skills programmes, and the poor delivery of
psychological services, the DCSs performance in this regard should be
monitored, in order to track progress as far as achieving the targets set for
participation in AET and FET education programmes (80%) and psychological services
(14%). Challenges experienced should be brought to the Committees attention
immediately, in order for interventions to be recommended.
20,9% of the 23,7% projected in relation to the
programme was spent i.e. 2,7% lower than planned. All targets
in relation to the programme were achieved.
Given the challenges associated with curbing
the spread of communicable diseases, which are exacerbated by still severely
inappropriate infrastructure, overcrowding, and inadequate medical care and
personnel, the Committee is particularly interested in progress made as far as
the management of tuberculosis, and similar infections.
programme spent 22% of its budget, and expenditure was 2,9%
lower than projected.
The DCS reported that 71% of the targets in
relation to this programmes were achieved i.e. five of the seven targets. The
under-performance in relation to parole consideration, and participation in
restorative justice programmes will be monitored.
INSPECTORATE FOR CORRECTIONAL SERVICES
In 2013/14 the JICS received approximately
R31.67 million i.e. 0,17% of the DCSs allocation, and 0,52% less than what it
received in 2012/13. The DCS is responsible for all the JICSs expenses. The JICS
receives its budget directly from the DCS. Its allocation is not guided by a
statutory requirement, but is entirely dependent on the allocation the DCS
decides to transfer to it. The JICS submits its budget and adjustment budget to
the DCS annually, and reports that complies with all prescripts in this regard.
The annual report suggests that the JICSs management is not included in the
internal processes that govern the DCSs allocation of funds.
The JICS overspent by R5,1 million, and
ascribed this to the fact that it had been allocated insufficient monies to
fund positions in line with its new organisational structure, which was
approved by the then Minister of Correctional Services in 2012. The posts have
not yet been funded, as the structure is still subject to the relevant DPSA
processes. Pending the funding of the new structure, the JICS has appointed
individuals to identified posts on contract. According to the JICS, the
relevant authorities were aware that appointments were made, and the
over-expenditure that would be incurred.
The JICSs fixed establishment comprised 45
approved and funded posts. At the time of reporting one of the posts was
vacant. In addition it had 38 contract posts to address its immediate needs.
The establishment does not included the ICCV posts.
That almost half of the JICSs staff establishment
are on contract; and that those posts are filled despite not having been funded
is a cause for major concern. While the Committee accepts that the JICS is facing
severe human resource constraints, absolute care should be taken to ensure that
all necessary procedures and policies are adhered to, especially when decisions
have financial implications that will result in over-expenditure
The Committee notes that since the
Ministers approval of the structure, the JICS had identified additional posts
pivotal to its service delivery. These include posts in communications, a
legal advisory and general administrative clerks across all its directorates.
The JICS is also firmly of the view that it ought to expand even further in
order to align its regions with the DCSs management regions.
The Finance and Supply Chain Management
sub-directorate manages the JICSs budget and supply chain management. Although
the new structure makes provision for a finance manager, as well as an internal
audit manager, both posts were at a very low level. Of particular concern was
that it appeared as though the finance officer, because of the low level the
post occupies in the structure, has not been afforded any decision-making
powers. Both the finance manager, and internal audit manager posts should be re-graded
to ensure that they are on levels that are in line with public service and
The JICS is not audited separately, but is included
in the DCSs audit. It is also noted that internal audits are conducted by the
DCS, usually on the JICSs request. The most recent internal audit was
performed towards the end of May 2014, and was on the 2013/14 Performance
Management and Development System booklets. At the time of reporting the
audit outcome had not yet been made available. The JICS emphasised that once
the internal auditing post on its establishment has been filled, regular
internal audits will take place.
The Committee notes the JICSs
recommendation that the DCS should priortise the funding of its new post
establishment, and for the necessary posts to be created on PERSAL.
The Portfolio Committee on Correctional
Services had in March 2014 reported that the JICSs effectiveness is dependent
on its financial and structural independence from the DCS. Such independence
will be accompanied by increased accountability, and will require compliance
with all statutory and regulatory requirements that underpin good governance,
and which all other state institutions, entities and departments are subject
to. The reports for the period under review, along with the previous
committees observations, give little indication that the JICS would, in its
current form, be able to meet obligations and responsibilities in this regard.
The JICS reports that in 2013/14 it dealt
with 10 719 cases involving the use of force (191), the use of mechanical
restraints (271); segregation (8 397), natural deaths (588), unnatural deaths
(46), complaints (1 115); investigations (20) and inspections (91). No
unnatural deaths arising from or implicating DCS officials were reported in
that period, but there was an increase in assaults on inmates in which officials
were implicated from 99 in 2012/13 to 109 in 2013/14. It is noted that at the
time of reporting substantive findings were not yet available in some cases owing
to non-receipt of the DCS reports, as well as the JICSs capacity constraints.
The JICS undertook 91 investigations in the
period under review, and common findings related to structural and maintenance
challenges owing to poor workmanship and delays on the part of DPW;
professional staff shortage; no basic provision of fire-fighting equipment and
related-training to staff; and inadequate provision of recreational and other
activities. While the JICS reports that most findings were responded to well,
and that heads of centres took the necessary remedial action, it provides no
comment on the underlying causes for, for instance, inadequate preparedness for
fires; and maintenance challenges.
Twenty investigations were conducted at
correctional centres in 2013/14, most notably those related to incidents at the
Mangaung, St Albans, and Durban-Westville correctional centres. The view that
the role, functions, authority and methodology of the DCSs emergency support
teams should be reviewed, is in line with a similar recommendation by the
Portfolio Committee on Correctional Services made in 2013 and should be
The JICS raises serious concerns about the
still high number of suicides in correctional centres. According to the JICS,
adequate supervision, and full compliance with regulations could, in some cases
have prevented a suicide.
The Committee notes the recommendations that
the appropriateness of the use of CCTV cameras in certain areas, be debated and
that legislation to that effect should be considered. We support this
recommendation which flows from discussion that took place during the Fourth
Parliament, and agree whole-heartedly that given the staff shortages,
inappropriate infrastructure, and security weaknesses, the use of technology
should be explored as a means of improving the DCSs safe and secure
incarceration of inmates.
We also support the recommendation that the
DCSs regulations should be amended to ensure greater cooperation by the DCS in
relation to the provision of information relevant to investigations, and
mandatory reports especially.
In recognition of the obligation on the state
to provide safe incarceration, we recommend that the JICS reports every death, every
assault involving the EST or ordinary officials, and all cases in which undue
force was found to have been used to the Committee. It is further recommended
that the JICS should determine reasonable deadlines beyond which its
investigation reports will be submitted to the Committee, regardless of whether
the DCSs reports have been received.
Department of Correctional Services
Committee is pleased to note that the DCS will adhere to the latest Department
of Performance Monitoring and Evaluation reporting processes, which require
that performance information be submitted within 30 days of the end of the
quarter. It is hoped that this would make the timeous submission of quarterly
reports to Parliament possible too.
findings relating to the appropriateness, relevance and usefulness of strategic
objectives, targets and performance information are of serious concern. Their
findings support persistent concerns about the integrity of the DCSs
reporting. In addition, the instability at the level of its internal audit
unit, and audit committee should be addressed with immediate effect: weaknesses
in this regard are a barrier to any efforts to improve audit outcomes. The DCS
should provide the Committee with its plan for addressing these, and other
findings of the Auditor General, and thereafter with quarterly updates with regard
to progress made. Care should be taken to ensure that remedies employed are
leadership instability with which the DCS has been contending for several years
now is of major concern, as it has undoubtedly contributed to the departments
inability to succesfully transform, and improve its service delivery. The
Committee acknowledges that several calls for the DCS to develop a strategy for
addressing its leadership and service-delivery challenges have been made and
the past. We agree that without such a turnaround strategy, the challenges
highlighted throughout this report are unlikely to be addressed. As a starting
point we recommend that the following critical vacancies at senior management
level are filled with the expertise required to develop and implement the
turnaround strategy referred to above: National Commissioner, Chief Financial
Officer, and Chief Deputy Commissioner: Strategic Management.
light of concerns raised in paragraphs 2.3.8 to 2.3.19, the Committee strongly
recommends that due consideration be given to the use of technology such as
closed circuit television cameras to improve monitoring and security, and urges
that should this intervention be desirable, the necessary funding should be
Given the negative impact of delays in the
completion of construction projects highlighted in paragraphs 2.3.17 and 3.1.5,
progress made in construction and renovation projects underway will have to be
closely monitored, and should be reported only quarterly.
The Committee notes
stakeholder-concerns about the implementation of section 38(1)(k) of the
Correctional Services Act, as amended by the Correctional Matters Amendment Act
in 2011, which requires that newly-sentenced offenders should as soon as
possible upon admission be assessed to determine their vulnerability to sexual
violence and exploitation. The DCS should provide quarterly progress reports on
the implementation of this, and other provisions introduced by the Amendment
acknowledges that given the financial constraints, it may not be feasible to
continue to fund posts that departments could not succeed in filling over long
periods of time. We further acknowledge that many of the challenges the DCS
faces are long-standing and pre-date the current administration. The challenges
have impeded organisational transformation, which in turn may have impacted on
recruitment and retention strategies. The Committee is concerned about the
impact a limitation on the DCSs ability to recruit personnel key to its core
functions of rehabilitation and security, is likely to have. The Minister of
Justice and Correctional Services is therefore requested to ensure that the
DCSs unique circumstances are taken into consideration when budgetary
adjustments are made.
Committee acknowledges that the economic environment has necessitated
considerable financial restrictions on the public sector too. In light of this
it is understood that requests for additional funding are unlikely to be
granted. We therefore reecommend that should further austerity measures be
imposed on the DCS, they should be of such a nature that they do not hamper the
delivery of the rehabilitation and reintegration services at the DCSs core. Interventions
that will strengthen its leadership, risk and financial management, and
security operations should also not be compromised.
for Correctional Services
Committee must emphasise at the outset that the JICSs reliance on the DCS for
every aspect of its operation is unsatisfactory.
The major thrust of the JICSs interactions
with the Committee to date, has related to its resource-challenges: it is
dependent on the DCS for its budget, IT infrastructure and management, office
space, vehicles, posts created on PERSAL, internal audit and the appointment of
its CEO. The Committee agrees that given the JICSs mandate, the situation is
The Committee feels strongly that any
further developments related to the JICSs restructuring should be suspended
pending consideration of, and a decision on how the institution should be strengthened
to fulfill its mandate, including whether legislative amendments are required.
Committee thanks all those officials and stakeholders who participated in the
process, and looks
to future engagements.
Report to be considered.
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