ATC160422: Report of the Portfolio Committee on Justice and Correctional Services on Budget Vote 18: Correctional Services, dated 21 April 2016

Justice and Correctional Services



The Portfolio Committee on Justice and Correctional Services, having considered the Department of Correctional Services’ 2016/17 budget (Vote 18) and the annual performance plan, reports as follows:



1.1        Section 27 of the Public Finance Management Act (No. 1 of 1999) makes provisions for a minister to table the annual budget for a financial year in the National Assembly before the start of that financial year. Section 10(1)(c) of the Money Bills Amendment Procedures and Related Matters Act (No. 9 of 2009) makes provision for ministers to table strategic and annual performance plans for their respective departments, public entities or institutions, which must be referred to the relevant portfolio committee for consideration and report.


1.2        The above-mentioned budget and planning documents were tabled in March 2016. The Committee subsequently received a political overview of the budget from the Minister of Justice and Correctional Services (“the Minister”), Adv. Michael Masutha, and a briefing led by the National Commissioner for Correctional Services (“the National Commissioner”), Mr Zach Modise, on the 2016/17 APP and budget allocation.


1.3        The DCS’s mandate is derived from the Correctional Services Act (No. 111 of 1998), as well as the white papers on Correctional Services (2005) and Remand Detention Management in South Africa (2014). The legislation and policies inform all the DCS’s efforts towards achieving the safe and humane detention of offenders and remand detainees, and their rehabilitation and reintegration into communities.


1.4        The DCS’s strategic planning is informed by the above-mentioned legislative and policy provisions, as well as the government-wide Medium-Term Strategic Framework (MTSF) 2014-19, which is geared towards the implementation of the National Development Plan’s (NDP) Vision 2030.




2.1        According to the Minister’s foreword in the DCS’s 2016/17 Annual Performance Plan (APP), the DCS is making steady progress as far as the transformation of the correctional system from a punitive system aimed at punishing offenders, to one that provides rehabilitation programmes to address offending behaviour, and prepare offenders to be law-abiding citizens once their sentences have expired.


2.2        In his overview of issues affecting the DCS, the Minister highlighted the review of the parole regime, the need to reduce recidivism, developments with regard to the DCS’s IT capabilities and proposals for how the DCS’s challenges with regard to infrastructure development and minor maintenance work may be addressed.


2.3        The above-mentioned shift in focus has necessitated several reviews of the DCS’s policies and practices. For instance, several weaknesses in the correctional supervision and parole regime have been detected. The National Council for Correctional Services (NCCS) has therefore reviewed the entire parole regime. They are expected to present their findings and recommendations to the Ministry in the near future.


2.4        The correctional system has to be especially responsive to the needs of young offenders who had to be equipped with skills to reduce/prevent recidivism. Many ex-offenders complain that their inability to secure employment contributed to their recidivism. A criminal record prohibited them from seeking employment in certain sectors. However, there were many other sectors in which ex-offenders with could seek employment despite having a criminal record. Employers had to be sensitised to the difficulties ex-offenders were confronted with owing to the stigma attached to having been incarcerated. Society at large, too, has to “open up” to offenders. Recidivism would only be reduced through cooperation between communities, business, civil society and the government.


2.5        The DCS’s Information and Communications Technology (ICT) environment remained a cause for concern. The DCS is key roleplayer to the success of the Integrated Justice System (IJS), which seeks to create digital synchrony and modernisation of the Criminal Justice System (CJS). This modernisation of ICT infrastructure and systems was recommended by the Criminal Justice Review Committee, and forms part of the Seven Point Plan aimed at enhancing the CJS. The DCS was in the process of procuring an integrated inmate management system (IIMS) which is a fully automated transversal system designed to feed into the IJS. The IIMS will, for the first time, connect the DCS’s approximately 240 correctional centres, thereby ensuring that inmate information is instantly and seamlessly accessible to all relevant stakeholders in the value chain.


2.6        On infrastructure, the Minister reminded the Committee that in the past the DCS had been almost entirely self-sufficient as far as capital works projects and maintenance were concerned. Given the constraints the Department of Public Works (DPW) was contending with, and in light of the continued government-wide austerity measures, it may be appropriate to consider restoring the DCS’s capacity to, as far as is practical, deliver its own infrastructural projects, and be responsible for maintaining existing infrastructure.



3.1        According to its 2015/16 to 2019/20 strategic plan, the DCS’s mission is to contribute to a just, peaceful and safer South Africa through the effective and humane incarceration of inmates, and the rehabilitation and social reintegration of offenders. The DCS committed to playing its role to ensure that the MTSF and the NDP’s strategic outcomes are achieved. The overarching goal is to build a safer South Africa where all people are and feel safe.


  1. To this end the DCS has committed to:

-           providing all remand detainees and sentenced offenders with safe, secure and humane conditions of detention and incarceration;

-           ensuring that remand detainees attend court as prescribed/required, and that they are provided with services responding to their needs, including personal wellbeing programmes; and

-           attending to sentenced offenders’ health care, rehabilitation and social reintegration needs.


  1. Overview of the DCS’s budget

4.1        The JCPS cluster will receive approximately R166,892 billion in 2016/17. This constitutes 23 per cent of the total national budget. Table 1 illustrates the allocation across the cluster.

Justice, Crime Prevention and Security Cluster



% of Cluster Vote

Correctional Services

21 577.3


Defence and Military Veterans

47 169.7


Independent Police Investigative Directorate



Justice and Constitutional Development

16 049.7


Office of the Chief Justice and Judicial Administration




80 984.9


Total for Cluster

166 892.7

23.1% of national  budget

Total appropriation by Vote

  1. 148.2



4.1  As illustrated above, the DCS received approximately R21,577 billion i.e. 3 per cent of the national budget, and 13 per cent of the JCPS cluster’s allocation. Expenditure is projected to increase by 6.3 per cent annually, to approximately R24,7 billion by 2018/19.

  1. The DCS’s budget is distributed across the following five programmes: Administration (Programme 1), Incarceration (Programme 2), Rehabilitation (Porgramme 3), Care (Programme 4), and Social Reintegration (Programme 5).


  1. As in previous years, the bulk of the allocation, about 81 per cent, goes towards the Administration and Incarceration programmes which receive 18 per cent and 63 per cent respectively. The Rehabilitation and Social Reintegration programmes again receive the lowest allocations, which when combined only amount to 9.6 per cent of the total DCS budget – 0.8 per cent less than in 2015/16. As in the previous year, the Care programme will receive 9 per cent of the budget. This trend will continue over the medium-term, as is illustrated in Table 2 below.





2016/17 to 2018-19

Programme 1: Administration

3 876,2

4 199,5

4 458,2

12 533,9

Programme 2: Incarceration

13 700,9

14 498,4

15 624,2

43 823,5

Programme 3: Rehabilitation

1 217,3

1 439,2

1 541,4

4 197,9

Programme 4: Care

1 975,1

2 010,7

2 122,8

6 108,6

Programme 5: Social Reintegration




2 663,1

Total Expenditure Estimates

21 577,3

23 048,9

24 700,8

69 327,0

  Table 2: Projected spending over the medium-term


  1. Overview of allocations per programme
    1. Programme 1: Administration
      1. The Administration programme provides for the functions that underpin the DCS’s service delivery, and comprises administrative, management, financial, information communication and technology, research, policy co-ordination and good governance support functions. The sub-programmes in this programme have increased from seven to eight: Ministry, Judicial Inspectorate for Correctional Services (new), Management, Human Resources, Finance, Internal Audit, Information Technology and Office Accommodation.


  1. This programme receives the second largest allocation – i.e. R3,9 billion, which amounts to a 4.92 per cent increase on the previous year’s allocation. The bulk of the allocation will again go towards the ‘compensation of employees’ (76 per cent) with ‘goods and services’ and ‘computer services’ receiving 19 per cent and 3 per cent respectively. Table 3 illustrates the budget allocation across this programme







Changes (%)




Nominal  change (Rand)

Real change


Programme 1: Administration

3 697.3

3 876.2














Judicial Inspectorate for Correctional Services

















Human Resources

1 516.9

1 670.3












Internal Audit







Information Technology







Office Accommodation







  Table 3: Administration programme


6.1.4     Key targets for 2016/17 include:

-           filling 92 per cent of funded posts;

-           increasing the number of officials trained in line with the Workplace Skills Plan (WSP), by 1 850 to 20 000; and

-           reducing audit qualifications to zero.


5.2.       Programme 2: Incarceration

5.2.1.    The Incarceration programme provides for services and well-maintained physical infrastructure that support safe and secure conditions of detention consistent with protecting the human dignity of inmates, personnel and the public. It also provides for profiling, compilation of Correctional Sentence Plans (CSPs), administration and other interventions. It comprises four sub-programmes: Security Operations, Facilities, Remand Detention and Offender Management.


5.2.2     Over the MTEF, expenditure on this programme is projected to increase significantly from R13,1 billion in 2015/16 to R15,624 billion in 2018/19. The programme continues to receive the largest allocation – R13,7 billion, constituting a 4.98 per cent increase on the previous financial year. The largest share of the allocation will go towards the Security Operations sub-programme, which will receive 49 per cent of the allocation. The Facilities, Offender Management and Remand Detention sub-programmes will receive 29 per cent, 17 per cent and 5 per cent respectively.


5.2.3     Spending on this programme is projected to reach R15,6 billion by 2018/19, an increase which is largely ascribed to increases to the ‘compensation of employees’ item, and increased expenditure on capital assets. Table 4 illustrates the allocation across the programme.






Nominal changes


Real change


Nominal Change (Rand)

Real change (Rand)

Programme 2: Incarceration

13 051.5

13 700.9







Security Operations

6 528.0

6 775.7






3 827.9

3 949.6





Remand Detention







Offender Management

  1 926.5

  2 291.0





  Table 4: Incarceration programme


5.2.4.    Key targets for 2016/17 include:

-           reducing the percentage of inmates allegedly injured in assaults to 3.7 per cent;

-           reducing the percentage of escapes from correctional and remand centres from 0.025 per cent to 0.024 per cent;

-           reducing the percentage of unnatural deaths to 0.033 per cent;

-           creating 925 additional bed spaces; and

-           down-managing overcrowding to 32 per cent.


  1. Programme 3: Rehabilitation

5.3.1     The Rehabilitation programme provides for needs-based programmes and interventions to facilitate offenders’ rehabilitation and eventual reintegration. It comprises three sub-programmes: Correctional Programmes, Offender Development and Psychological, Social and Spiritual Services.


  1. Although the allocation reflects a nominal increase of 5.37 per cent, the programme again receives the second lowest allocation – 5.6 per cent of the DCS’s overall allocation. Most of the allocation will go towards compensation of employees. The largest allocation – R795,6 million – will go towards the Offender Development sub-programme. Sub-programmes Psychological, Social and Spiritual Services and Correctional Programmes receive R371 million and R51 million respectively. Table 5 illustrates the allocation across the programme.










Change (%)

Nominal change


Real change (Rand)

Programme 3:Rehabilitation

1 155.3

1 217.3







Correctional Programmes







Offender Development







Psychological, Social and Spiritual Services







  Table 5: Rehabilitation programme


  1. The DCS states that it is committed to reducing recidivism, and recognises that rehabilitation programmes improve offenders’ chances of reintegration. Key targets include:
  • increasing the number of sentenced offenders subjected to correctional programmes from 68 per cent to 72 per cent;
  • increasing the number of offenders involved in Further Education and Training (FET) programmes from 548 in 2015/16 to 603 in 2016/17; and
  • maintaining participation in skills development programmes at 80 per cent.


5.3.4     The target for involvement in psychological services has increased from 15 per cent to 16 per cent in 2016/17. In 2014/15 the DCS had exceeded the target in relation to spiritual service by almost 30 per cent. The DCS nevertheless increased the target for 2015/16 by only 1 per cent to 56 per cent, and for 2016/17 to 57 per cent.


  1. Programme 4: Care
    1. The Care programme provides needs-based programmes and services aimed at maintaining the personal well-being of offenders. It comprises two sub-programmes: Nutritional Services, and Health and Hygiene Services.


  1. The programme will receive just over R1,97 billion of the DCS’s total allocation i.e. about 9 per cent of the total allocation. In 2016/17 the bulk of the allocation will go towards the Nutritional Services sub-programme. Over the medium term spending will focus on increasing the percentage of inmates tested for HIV and those receiving antiretroviral therapy to 99 per cent in 2018/19. Table 6 illustrates the budget allocation across this programme.






Nominal change (%)


Change (%)

Nominal change (Rand)

Real change (Rand)

Programme 4: Care

1 796.3

1 975.1







Nutritional Services


1 130.8





Health & Hygienic Services













  Table 6: Care programme


  1. Key targets for 2016/17 include:
  • increasing the percentage of inmates tested for HIV to 99 per cent;
  • increasing the percentage of inmates receiving antiretroviral therapy to 98 per cent; and
  • maintaining the TB cure rate at 85 per cent.


  1. Programme 5: Social Reintegration
    1. The Social Reintegration programme provides services focussed on offenders’ preparation for release; for the effective supervision of parolees; and for offenders’ reintegration into society. It comprises three sub-programmes: Supervision; Community Reintegration; and Office Accommodation (Community Corrections). The programme receives 4 per cent of the DCS’s total budget.


  1. Over the medium term spending is projected to grow to R951,6 million owing to, in the main, the rollout of the electronic monitoring system (EMS). In 2016/17 the programme will receive R807,8 million i.e. 9.3 per cent less than in 2015/16. The Supervision sub-programme will receive 91 per cent of the allocation, while the Community Reintegration and Office Accommodation (Community Corrections) sub-programmes will receive 5 per cent and 4 per cent respectively. Table 7 illustrates the budget allocation across this programme.






Nominal change (%)


Change (%)

Nominal change (Rand)

Real change (Rand)

Programme 5: Social Reintegration






-9.34 %
















Community Reintegration







Office Accommodation: Community Corrections













  Table 7: Social Reintegration programme


  1. Key targets for 2016/17 include:
  • increasing the number of probationers and parolees reintegrated through halfway house partnerships by 30 to 140;
  • increasing the restorative justice programmes by offenders, victims, parolees and probationers to 9 000;
  • increasing the percentage of parolees without violations to 96 per cent, and the percentage of probationers without violations to 95 per cent;
  • increasing the number of service points established in community corrections offices by 1 to 24; and
  • maintaining the number of persons being monitored electronically at 1 000.


  1. Observations and recommendations

6.1        Programme 1:Administration

6.1.1     The Committee notes the efforts underway to transform the DCS so as to ensure that it executed its functions effectively. Given the size of the Justice and Correctional Services-portfolio, the Committee hopes that sufficient support is received from the Deputy Minister: Correctional Services who has since June 2014 not yet meaningfully interacted with the Committee on the portfolio he is responsible for. The Minister had to be able to rely on, and have the support of his deputies. Challenges experienced in this regard should be brought to the Committee’s attention.


6.1.2     The Committee welcomes the appointment of the National Commissioner and the Chief Deputy Commissioner: Strategic Management, but notes with concern that the Chief Deputy Commissioner: Human Resources post became vacant towards the end of the 2015/16 financial year. Given the DCS’s long-unresolved challenges with regard to, for example, the occupational specific dispensation, filling of vacancies, implementation of the seven day establishment and the attraction and retention of professional services, the vacancy should be filled as a matter of urgency.


6.1.3     We remain concerned about the fact that correctional services officials are appointed in terms of either the Public Service Act (No 103 of 1994), or the Correctional Services Act. Officials appointed in terms of the Public Service Act were barred from performing any duties at correctional centres e.g. they cannot be re-deployed when centres were under-staffed, making it difficult for the DCS to alleviate pressures at centre-level. We again recommend that the Public Service Commission’s advice be sought with regard to the feasibility of appointing all correctional services officials in terms of one act. The Committee should be informed of progress made in this regard within 30 days of the adoption of this report.


6.1.4     In our Budgetary Review and Recommendation report dated 22 October 2015, we welcomed the proposal to establish nine regions that mirror South Africa’s provinces, which was receiving the Minister’s attention at that time. We had then recommended that the relevant authorities investigate the desirability of the devolution of power to regional/provincial management offices. To date, little progress has been reported in this regard. As previously recommended the Committee should be provided with a comprehensive report on the weaknesses of the current structure and how these would be addressed in the DCS’s new organisational arrangement. This information should reach us within 30 days of the adoption of this report. In addition, all future quarterly reports should include a detailed assessment of the performance of each of the regions.


6.1.5     The Committee notes that the JICS is now a dedicated sub-programme, instead of a mere line item in the DCS’s budget. We also note the increase to the JICS’s budget, the bulk of which will be spent on filling long-standing vacancies. We believe that this development should address some of the concerns raised regarding the JICS’s reliance on the DCS.


6.1.6     We believe that the recent appointment of Judge Johan van der Westhuizen as the Inspecting Judge should bring some stability to the organisation. We are also confident that given his academic record, and vast experience as a judge he will bring new insights to how the JICS may be strengthened. Related to this, we recommend that the appointment of a suitably qualified Chief Executive Officer be fast-tracked.


6.1.7     Given the increase to its budget, it is imperative that the JICS reports regularly on its activities and performance. As recommended in the past, the JICS should provide the Committee with detailed quarterly reports outlining progress made as far as achieving its strategic objectives and related targets.


6.1.8     The Auditor General of South Africa has persistently raised concerns about the DCS’s internal audit and control environment and its perennial audit qualifications. The Committee therefore notes with concern that the Internal Audit sub-programme, whose purpose is to “provide systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes” does not have any performance indicators through which to measure progress made. In 2015/16 the DCS spent R89,714 million on the sub-programme. This amount is projected to increase to R95,286 million in 2016/17. In our view it is imprudent to, despite the large allocation to be spent on this sub-programme, neglect to put in place measures to monitor performance. The DCS should develop measurable performance indicators for this critical sub-programme. Such indicators could include, for instance, ‘submission of quarterly Internal Audit and Risk Management performance reports to the Audit and Risk Committee’, ‘reporting on the implementation of annual Internal Audit plans’, ‘submission of interim and annual financial statements to National Treasury and the Auditor-General timeously’. The DCS should provide the Committee with the indicators it has developed within 30 days of the adoption of this report, and these should be included in all quarterly reports.


6.1.9     The Committee notes the demarcation of the Information Technology as a sub-programme, and the plans to roll out the IIMS. We have also noted that a tender for the IIMS was awarded, and that National Treasury disputed whether the DCS had adhered to the applicable procurement processes. The Committee emphasises that procurement processes and procedures should be adhered to at all times. Failure to do so causes unnecessary delays in the completion of projects, which in turn impacts on service delivery. In this case, further delays in the delivery of an electronic tool for managing the inmate population, will impact on the DCS’s capacity to perform its role in the IJS.


6.2        Programme 2: Incarceration

6.2.1     The DCS has for several years been unable to meet targets set in relation to the creation of bed-spaces. This has largely been due to long delays in the completion of capital infrastructure projects. We note with interest the targeted number of bed-spaces to be created in 2016/17.


6.2.2     The Minister had in 2015 indicated that bi-laterals between himself and the Minister of Public Works were underway to resolve challenges as far as the DPW’s delivery of infrastructure to the DCS. It appears as though those discussions have borne little fruit. The Minister is advised to, in order to ensure that his vision for the DCS is executed, seek intervention from the relevant authority.


6.2.3     We agree that it may be necessary for the DCS to again assume responsibility for its infrastructure and maintenance works. This should be done through innovative and creative means that take into account the economic situation and continued austerity, and must be executed in line with principles of good governance, prescripts related to supply chain management and excellent project management.


6.2.4     The remand detention population remains a major contributor to overcrowding. Although the remand population has decreased dramatically since 2009/10, cluster-wide efforts to reduce overcrowding must be redoubled. Effective use should be made of all applicable legislative provisions including bail protocols and section 49G of the Correctional Services Act which seeks to limit the period of time accused were remanded in detention. In addition, every effort should be made to accelerate the rollout of the electronic monitoring system which, if properly managed, had the potential to drastically reduce the inmate population. All future quarterly reports should include updates on progress made as far as down-managing overcrowding.


6.2.5     The Committee notes that allegations of assault, excessive force, torture and inhumane conditions of detention and incarceration continue to be levelled against the DCS. As in the past, we recommend that the DCS give serious consideration to the use of technology to increase safety within their facilities. The DCS should provide the Committee with a detailed report on the feasibility of such interventions. The information should reach us within 30 days of the adoption of this report. In addition all future quarterly reports should include a breakdown of all such allegations, the status of investigations and remedies implemented to prevent them in future.

6.2.6     Related to the above, the JICS should ensure that the Committee is provided with all their investigation reports in respect of assaults, use of excessive force, unnatural deaths and torture.


6.3        Programme 3: Rehabilitation

6.3.1     The White Paper on Corrections places rehabilitation and reintegration at the centre of the DCS’s activities. We have again noted that although budgets for the Administration and Incarceration programmes increased incrementally each year, increases to programmes targeting offending-behaviour and offender development remain miniscule, and go mostly towards the compensation of employees, and other basic services. These programmes are key to reducing the risk of recidivism which is the only true measure of the DCS’s success. We therefore recommend that the DCS explores innovative ways in which the resources allocated and available to the Rehabilitation and Reintegration programmes may be supplemented.


6.3.2     The growing number of youth in conflict with the law, is the result of growing moral degeneration within the South African society. The DCS only deals with the fallout of this degeneration. Corrections should be treated as a societal responsibility, and all sectors should play a role in addressing it.


6.3.3     Efforts to reintegrate offenders will only succeed if their rehabilitation needs are met. The DCS should develop a comprehensive strategy to address offenders’ rehabilitation needs. The DCS will not be able to deliver such programmes on its own, and must as a matter of urgency intensify efforts to partner with stakeholders in the private sector, non-governmental organisations, faith-based and community-based structures as well as the Moral Regeneration Movement (MRM).





6.4        Programme 4: Care

6.4.1     We note the targets set in relation to HIV-testing, anti-retroviral therapy provided and the TB cure rate, and hope that these will assist as far as curbing the spread of communicable disease, especially in congested facilities.


6.4.2     The above-mentioned targets should form part of a comprehensive strategy aimed at ensuring a healthier correctional environment and should include adequate screening upon admission and upon release, employing sufficient medical professionals to attend to inmates’ needs, as well as well-managed and well-equipped pharmacies and hospital sections.


6.4.3     The Committee acknowledges that the DCS is not equipped to provide end-of-life interventions and palliative care to very sick inmates. All inmates who are too sick and unlikely to recover should be informed of their right to apply for medical parole, and be assisted to do so. Applications should be tracked, and the relevant authority informed of unnecessary delays in the finalisation of applications.


6.4.4     All future quarterly reports should include information on natural deaths per quarter e.g. total number of deaths, causes and where applicable measures in place to prevent them. The reports should include information related to the number and status of medical parole applications.


6.5        Programme 5: Social Reintegration

6.5.1     The services rendered under the Incarceration, Rehabilitation and Reintegration programmes are key to the DCS’s service delivery, and key to reducing recidivism. As stated in previous reports, the DCS’s success in the rehabilitation and reintegration of offenders can only be measured by determining the rate and circumstances of recidivism. The continued failure to measure performance in this regard makes it virtually impossible to measure the true impact of its rehabilitation and reintegration activities. The DCS should provide the Committee with a detailed report on progress made as far as developing a tool whereby recidivism may be measured. The report should reach the Committee within 30 days of the adoption of this report.


Report to be considered



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