ATC210219: Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Correctional Services: Correctional Services, dated19 February 2021

Justice and Correctional Services

Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Correctional Services: Correctional Services, dated19 February 2021.

 

The Portfolio Committee on Justice and Correctional Services, having considered the financial and non-financial performanceof the Department of Correctional Services and the Judicial Inspectorate for Correctional Services for 2019/20 and the First Quarter of 2020/21, reports as follows:

 

1. Introduction

 

1. Section 5(2) of the Money Bills Amendment Procedure and Related Matters Act 9 of 2009 requires the National Assembly, through its committees, to submit budgetary review and recommendation reports (BRRR) on the performance of national departments accountable to Parliament. The BRR report isgenerally informed by a committee’s interrogation of, amongst others, national departments’ estimates of national expenditure, strategic priorities, measurable objectives and forward-funding needs; National Treasury-published expenditure reports; the relevant annual reports and financial statements; and the Auditor General of South Africa’s (AGSA) audit findings; as well as observations made during all other oversight activities.

 

1. The Portfolio Committee on Justice and Correctional Services (the Committee) oversees the Department of Correctional Services (DCS) and the Judicial Inspectorate for Correctional Services (JICS). To this end, the Committee monitors the implementation of, and adherence to, policies such as the white papers on Corrections and Remand Detention; compliance with applicable legislation; adherence to principles of good governance and sound financial management; and service delivery in line with their mandates.

 

 

 

 

 

1. Process followed

 

1. The year 2020 has been a difficult year for all government departments as a result of COVID-19 Pandemic. Some of the reporting requirements have had to be postponed, including the tabling of the annual reports of departments to Parliament, which are usually tabled by 30 September each year. 

 

1. On 7 October 2020, the Committee met with the Judicial Inspectorate for Correctional Services on its Fourth Quarter Report 2019/20 and First Quarter Report 2020/21.

 

1. On 14 October 2020, the Committee engaged with the Department of Correctional Services on its Fourth Quarter Report 2019/20 FY and First Quarter Report 2020/21.

 

1. Again, the Committee engaged with the Department of Correctional Services on 2 and 4 December 2020 on the 2019/20 Annual Report with particular focus on Audit outcomes.

 

1. The Committee also received a briefing from the Auditor General of South Africa on the 1st of December 2020.

 

1. Copies of all the presentations are available from the committee secretariat.

 

 

1. Department of Correctional Services’ strategic goals for 2019/20

 

1. The first goal identified in the Department’s 2019/20 Annual Performance Planwas to ensure that remand detention processes are effectively managed by ensuring that remand detainees attended courts as determined by relevant legislation; are held in secure, safe and humane conditions; provided with personal wellbeing programmes; and relevant services are provided to awaiting trial persons, thus contributing to a fair and just Criminal Justice System.

 

1. A further goal was to ensure that all sentenced offenders are incarcerated in safe, secure and humane facilities and are provided with healthcare and effective rehabilitation programmes in line with their correctional sentence plans to enable their successful placement into society after their lawful release.

 

1. The last goal was to ensure that all offenders, parolees and probationers were successfully reintegrated back into society as law-abiding citizens through provision of social reintegration programmes.

 

 

1. Audit outcome

 

1. The Department has, again received a qualified audit outcome for 2019/20.

 

Table 1:  Audit outcomes between 2016/17-2019/20

Financial Year	Total number of findings	Audit Outcome	Area(s) of Qualification
2016/17	373	Qualified	Capital Works-in Progress
2017/18	257	Qualified
2018/19	204	Qualified	Commitments and Irregular Expenditure
2019/20	214	Qualified	Irregular Expenditure not fully recorded

 

1. The Department has findings on irregular expenditure. The Auditor-General reported that the Department did not fully record irregular expenditure in the notes to the financial statement, as required by section 40(3)(b)(i) of the PFMA. This was due to inadequate systems to detect, record and appropriately disclose this expenditure in the financial statement. 

 

1. There has been an increase in the number of findings from 204 in 2018/19 to214 in 2019/20.

 

1.       The Auditor General emphasized the following:

 

• The Department is a defendant in various lawsuits. No provision is made in the financial statement for liabilities.
• The Auditor-General has noted the impact of Covid-19 on the operations of the Department and the future prospects, performance and cash flows. The AG has also noted the Department’s plans to deal with these events and circumstances.  

 

1. Performance reporting. The programme Incarcerationwas audited for usefulness and reliability of information. The report was as follows:

•  With regard to percentage of overcrowding in correctional and remand detention facilities: sufficient appropriate audit evidence for the achievement of 28% reported against target of 40% could not be found. This was due to lack of accurate and complete records.
• With regard to creation of new bed spaces: reported achievement was not consistent with the planned and reported target. The planned indicator and target was 183 additional bed spaces created through upgrading of phase 3 of the project, but the reported achievement referred to was 779 additional bed spaces created for phase 1 to 3 of the project.  

 

1.             Procurement and contract management. Contracts were extended or modified without the approval of a properly delegated official as required by section 44 of the PFMA and treasury regulation 8.1 and 8.2.  

 

1.       The Auditor General highlighted the following internal control deficiencies: 

 

• Leadership did not exercise sufficient oversight regarding financial and performance information, compliance with laws and regulations and related internal controls.
• Management did not prepare regular, accurate and complete financial reports and performance reports that were always supported and evidenced by reliable information.

 

1. Consequence management. The Auditor General could not obtain sufficient appropriate audit evidence that disciplinary steps were taken against officials who had incurred irregular expenditure as required by section 38(1)(h)(iii) of the PFMA. 

 

 

1. Mid-year performance assessment 2019/20

 

1. For the 2019/20 financial year, the Department was allocated a total of R25, 407 638 billion. This amount was adjusted downwards by R90, 756 million during the adjustment period to a total adjusted appropriation of R25, 316 882 billion.

 

1. Escapes: The Department had the target of less than 0.034% (57) inmates escaping from correctional centres for the 2019/20 financial year. In the first five months of 2019/20, only 0.007% (7) escapes were reported.

 

1. Assaults: The target for assaults for the 2019/20 financial year was less than 4.7% (7 824). In the first five months of 2019/20, the percentage of reported assaults was 1.4% (2 290).

 

1. Overcrowding: The target for overcrowding for the 2019/20 financial year was less than 40%. In the first five months of 2019/20, overcrowding stood at 34.9%.

 

1. Percentage of offenders participating in skills development programmes. The target for offenders participating in skills development programmes for 2019/20 was 80%. In the first five months of 2019/20, this target was already exceeded by 18.8% since the recorded performance was 98.8%.

 

1. Percentage of sentenced offenders subjected to correctional programmes. The target for inmates subjected to correctional programmes for 2019/20 was 80%. In the first five months of 2019/20, performance was at 39.3%.

 

1. Percentage of inmates on Anti-Retroviral Therapy. The target for inmates on anti-retroviral therapy for 2019/20 was 90%. In the first five months of 2019/20, performance already stood at 98.8%.

 

1. Percentage of parolees without violation. The target for parolees without violation for 2019/20 was 97%. In the first five months of 2019/20, this target was exceeded since the actual performance was 98.8%.

 

1. Percentage of probationers without violation. The target for probationers without violation for 2019/20 was 97%. In the first five months 2019/20, this target was exceeded since the actual performance was also 98.8%.

 

 

1. Expenditure for the2019/20 Financial Year.

 

1. For the 2019/20 financial year, the Department of Correctional Services had an adjusted budget of R25, 316882 billion.Of this amount, the Department spentR25, 186 146 billion(or 99.48%) resulting in R131 million under-spending.

 

1. The adjusted budget and spending per economic classification for 2019/20 was as follows:

 

Table 2: Expenditure per economic classification 2019/20

Economic classification	Adjusted budget (R’000)	Actual expenditure (R’000)	Percentage actual expenditure
Compensation of employees	17 455 895	16 971 438		484 457
Goods and services	6 333 621	6 811470	107, 54%	(477 849)
Interest on rent and land	-	507	0, 00%
Transfers and subsidies	821 811	877 957	106, 83%	(56 146)
Payment of capital assets	705 555	515 439	73, 05%	190 116
Payment of financial assets	-	9 335	0, 00%	(9 335)
Total	25 316 882	25 186 146	99, 48%	130 736

 

1. In terms of economic classification:

• TheDepartment recorded an under-spending of R130,736million under Compensation of Employees and Payment of Capital Assets.
• With regard to Transfers and Subsidies, actual spending was R878 million against the adjusted budget of R821, 811 million, resulting in R56,146 million (106, 83%) over-spending. Theover-spending was a result of approved application of early retirement without penalisation of pension benefits.
• With regard to Payments for Capital Assets, there was under-expenditure of R190, 116million mainly on the item: Building and Other Fixed Structures due to underperformance on Capital Works Programme by the Independent Development Trust and Department of Public Works and Infrastructure.
• With regard to Payment for Financial Assets, the Department spent R9,335 million against a zero budget, mainly due to write off(s)of debts and losses.

 

 

1. Performance in 2019/20

 

1. Overall, the Department achieved 31of the 36planned targets and5 targets were not achieved.

 

1. The following indicators were not achieved during the financial year:

• Number of sites where IIMS is rolled out.
• Percentage of correctional facilities and PPP facilities inspected on conditions and treatment of inmates.
• Number of new bed spaces created through construction of new facilities.
• Number of offenders who participate in educational programmes per daily attendance register per academic year.
• Number of audit qualifications.

 

 

1. Programme performance in 2019/20

 

1. Programme 1: Administration

 

1. The purpose of this programme is to provide strategic leadership, management and support services to the Department.

 

1. The Administration programme achieved 6(or 67%)out of 9 planned targets for 2019/20.

 

Table3: Administration -Selected performance 2019/20

PerformanceIndicator	Planned Target 2019/20	Actual Achievement 2019/20
Percentage of officials charged and found guilty of corrupt activities	95%	ACHIEVED 97%
Number of sites where IIMS is rolled out	50	NOT ACHIEVED 9
Percentage of correctional facilities and community corrections offices where LAN infrastructure is rolled out	41.6% (150/360)	ACHIEVED 41.6%
Percentage of Correctional facilities and PPP’s facilities inspected on the conditions and treatment of inmates.	56% (136/243)	NOT ACHIEVED 53%(129/243)

 

1. Programme 2: Incarceration

 

1. The purpose of the programme is to provide safe and secure conditions of detention consistent with maintaining the human dignity of inmates. It is also responsible for the administration, profiling and consideration of offenders for releases or placement into community corrections.

 

1. There are three sub-programmes for Incarceration: Security operations; Remand detention; and Offender management.

 

1. Overall, the Incarceration programme achieved seven out of eight(or 87.5%) planned targets for 2019/20.

 

Table4: Incarceration - Selected performance 2019/20

Performance Indicator	Planned Target 2019/20	Actual Achievement 2019/20
Percentage of unnatural deaths in correctional centres and remand detention facilities per year	0.032% (53/166 449)	ACHIEVED 0.029% (45/154 449)
Number of new bed spaces created through the construction of new facilities	435	NOT ACHIEVED 0
Number of new bed spaces created by upgrading facilities annually	492	ACHIEVED 1 088
Percentage of overcrowding in correctional centres and remand detention facilities in excess of approved capacity	40% (47 489/118 572)	ACHIEVED 30% (35 940/118 572)
Percentage of Offender’s profiles submitted by the Case Management Committees (CMCs) that were considered by CSPB	92% (28 208/30 660)	ACHIEVED 96% (34 228/35 509)

 

1. The Department has attributed the achievement of security-related indicators to continuous implementation and monitoring of the security policies, including the escape prevention plan and assault prevention plans, as well as the death prevention plan.

 

1. The Department achieved its target for assaults by intensifying management supervision of the implementation of minimum security standards, institutional orders and gang management strategy. This has led to a decrease in the number of reported cases of assaults of inmates.

 

1. The target for overcrowding in the quarter under review was achieved; however, it still remains a challenge. The overcrowding rate was at 30 percent in this quarter. The main contributors are growing or high levels of incarceration, insufficient accommodation and ageing infrastructure; and a high population of remand detainees.

 

1. The target relating to the creation of new bed spaces through construction of new facilities was not achieved. The Department planned to create 435 bed spaces at Tzaneen Correctional Centre. However, no bed spaces were created. In order to address this, the Department indicates that essential works, which have been identified, will be completed in 2020/21 before practical completion can be taken.

 

1. Programme 3: Rehabilitation

 

1. Programme 3 is responsible for providing needs-based programmes and interventions to facilitate the rehabilitation of inmates and to enable their social reintegration into communities. The programme has the following sub-programmes: Correctional programmes; Offender development; and Psychological, social and spiritual services.

 

1. Overall, the programme achieved 9out of 10 planned targets for the year under review.

 

Table 5: Rehabilitation - Selected performance in 2019/20

Performance Indicator	Planned Target 2019/20	Actual Achievement 2019/20
Percentage of sentenced offenders subjected to correctional programmes per year	80% (86 916/108 639)	ACHIEVED 99% (94 694/95 747)
Percentage of offenders participating in skills development programmes measured against the number of offenders enrolled per Financial Year	80% (Long skills) 80% (Short skills) 80% (TVET colleges)	ACHIEVED 99% (Long skills) 97% (Short skills) 99% (TVET colleges)
Number of offenders who participate in Education programmes per daily attendance register pre academic year.	10 527	NOT ACHIEVED 10 411
Percentage of inmates whoare involved in psychologicalservices per year.	19% (31 625/166 449)	ACHIEVED 33% (50 353/154 449)

 

1. Selected achievements include:

• The Department successfully placed 94 694 (99%) sentenced offenders with Correctional Sentence Plans through various correctional programmes.
• Offender participation in long skills programmes in the Fourth Quarter of 2019/20 were 3 981, while those participating in short skills programmes were 10 106. A further 9 764 offenders participated in TVET programmes.
• A total of 167 680 offenders participated in spiritual services, 50 354 participated in psychological services and 112 267 offenders, probationers and parolees were involved in social work services.

 

1. Programme 4: Care

 

1. The purpose of this programme is to provide needs-based healthcare programmes and services aimed at maintaining the wellbeing of inmates. There are two sup-programmes under the Care programme, namely Health and Hygiene Services and Nutritional Services.

 

1. Overall, the programme achieved all three of the planned targets in 2019/20.

 

Table6: Care - Selected performance 2019/20

Performance Indicator	Planned Target 2019/20	Actual Achievement 2019/20
Percentage of therapeutic diets prescribed for inmates	Less than 12% (19 974/166 449)	6% (9 238/154 449)
Percentage ofInmates on Anti-retroviral Therapy (ART)	90% (29 551/32 834)	99% (26 783/27 076)
TB (New pulmonary) cure rate of offenders	89% (1 380/1 551)	93% (502/538)

 

1. The Department has ascribed the achievement of TB cure rate of offenders to effective management of patients diagnosed and compliance to treatment. 

 

1. Programme 5: Social Reintegration

 

1. The Social Reintegration programme provides services focused on offenders’ preparation for release, effective supervision of offenders placed under community corrections and the facilitation of their social reintegration into their communities. The programme has the following sub-programmes: Supervision; Community reintegration and Office Accommodation: Community corrections.

 

1. The programme achieved all 6of the planned targets for 2019/20.

 

Table 7: Social Reintegration - Selected performance 2019/20

Performance Indicator	Planned Target 2019/20	Actual Achievement 2019/20
Percentage of parolees withoutviolations per year	97% (55 072/ 56 775)	ACHIEVED 99% (52 742/53 257)
Percentage of probationers without violations per year	97% (16  674/17 190)	ACHIEVED 99% (12 471/12 604)
Number of victims/offenders participating in restorative justice programmes   Number of offenders/parolees and probationers participating in restorative justice programmes	7 560           7000	ACHIEVED 23 192       ACHIEVED 7 468
Number of parolees and probationers reintegrated back into communities through halfway house partnership	72	ACHIEVED 82

 

 

1. Expenditureand performance for First Quarter of 2020/21

 

1. The Department of Correctional Services was allocated R26.8 billion for 2020/21. At the end of June 2020, total expenditure was at R5.8 billion or 21.47% of the total appropriation. This equates to an under-spending by R892 million when compared to the projected spending plan of R6.6 billion for the Quarter. In terms of performance, of the 31 planned targets for the First Quarter, only 17 were achieved and 14 were not achieved.

 

1. At the end of the First Quarter 2020/21, programme spending and performance was as follows:

 

• The Administration programme spent an amount of R1.05 billion (19.64%) against planned expenditure of R1.4 billion, under-spending by R325 million. The under-spending occurred as a result of delays in the salary adjustment (R77 million); travel and subsistence and fleet services under Goods and Services due to the lockdown (R228 million); and GERMS invoices for April 2020 which were paid in March 2020 (R23 million). In terms of performance, this programme achieved only 4 out of 8 planned targets. Targets not achieved include:Percentage of investigation completed for reported allegations; Approved Integrated Finance and SCM Strategy; Percentage of Correctional Centres and PPP facilities inspected on conditions and treatment; and Percentage of Information Systems implemented as per the Master Information System and Security Technology Plan (MISSTP).

 

• The Incarceration programme spent 21.72% or R3.436 billion of the projected budget for the quarter of R3.945 billion, which resulted in under-spending of R509 million. Among others, underspending was caused by funded vacant posts as well as outstanding payments for the 2020/21 salary adjustment. In terms of performance, Incarceration achieved 2 out of 5 targets for the First Quarter. The three targets not achieved relateto: Percentage of inmates injured as a result of reported assaults; Percentage of inmates who escaped from correctional facilities; and Percentage of Remand Detainees subjected to Continuous Risk Assessment.

 

• The Rehabilitation programme spent 20.11% or R435.2 million of the projected spending plan of R489 million. This translated to an underspending of R54 million. In terms of performance, Rehabilitation achieved 5 out of 9 targets for the First Quarter of 2020/21 financial year. The targets that were not achieved relate to: Percentage of sentenced offenders with Correctional Sentence Plan (CSPs) who completed correctional programmes; Percentage of offenders participating in TVET College programmes; and Percentage of inmates receiving spiritual care services.

 

• The Care programme spent R590 million or 24.65% against projected expenditure of R548 million.This translates to overspending by R15.2 million in the First Quarter. In terms of performance, this programme achieved 4 out of 5 targets for the first quarter. The target not achieved relates to:Offender’s viral load.

 

• The Social Reintegration programme spent 22.50% or R242 million from the planned expenditure of R263 million. This translates to underspending of R19.8 million. In terms of performance, this programme achieved 50% (2 out of 4) of the targets for the First Quarter. The targets not achieved relate to: Percentage of victims participating in Restorative Justice Programme; and Percentage of offenders, parolees and probationers participating in Restorative Justice Programme. 

 

PART II

 

1. JUDICIAL INSPECTORATE OF CORRECTIONAL SERVICES’ (JICS)

 

1. JICS’ Statutory mandate and mission

 

1. JICS is established under section 85 of the Correctional Services Act 111 of 1998 as an independent office under the control of the Inspecting Judge. Its object is to facilitate the inspection of correctional centers and to report on the treatment of inmates and conditions of incarceration.

 

1. Its mission includes the prevention of human rights violations through the monitoring of mandatory reporting systems on deaths, mechanical restraints and segregations (solitary confinement) in correctional centers. It also maintains the independent complaints system for inmates. 

 

1. Financial Performance at the end of 2019/20

 

1. For 2019/20, the Judicial Inspectorate for Correctional Services was allocated a budget of R77.2million. At the end of March 2020, the total expenditure for JICS was R67. 158 million.

 

1. Inspections, Investigations, Complaints and Mandatory Reporting in 2019/20 financial year

 

1. The Inspectorate scheduled a total of 136 inspections in correctional centres across the countryfor 2019/20 financial year, but due to lockdown restrictions,5 inspections could not be conducted. JICS reported that the (5) outstanding inspections will be dealt with in their catch-up plan. The intention is to inspect each facility at least once every two years compared to once in every three years as has been the case in the past.

 

1. The Inspecting Judge conducted an inspection at Zonderwater Medium A and B on 29 January 2020. Both Centres were found to be in good condition. However, natural light was not sufficient in single cells. The Inspecting Judge also found that maximum security inmates were not allowed to work in the Centre’s workshop, and there was under-staffing in the workshop. Hence, significant number of inmates could not be trained.  

 

1. In addition to inspections conducted by JICS, Judge Oliver of the Northern Cape High Court Division, conducted inspections in three (3) facilities, namely Kuruman Correctional Centre (2 March 2020); Upington Correctional Centre (4 March 2020); and De Aar Correctional Centre (5 March 2020). Judge Oliver found that both Kuruman and Upington Correctional Centres were overcrowded by 27% and 20% respectively, while De Aar was not overcrowded. Some of the complaints recorded in these inspections included:Lack of readily available medicine, staff shortages, lack of feedback from transfer requests, non-functioning parole board (in De Aar), and shortage of uniforms for both inmates and officials. 

 

1. In the year under review, a total of 45 investigations were conducted (compared with 33 in 2018/19). Investigations are mostly in response to violent acts in correctional centres. JICS mentioned a challenge in the finalization of investigations on inmate deaths. This is as a result of delays in obtaining the medico-legal reports, such as toxicology reports, which often takes years to get depending on the province. Gauteng is reported as a province where it can take up to six years to receive an autopsy report.  

 

1. The JICS recorded 437complaintsin the year under review(compared with 720 in 2018/19). These complaints included, amongst others, transfers (92), assaults of inmates by officials (89), and parole (56).

 

1. Mandatory reporting is regulated by the Correctional Services Act 111 of 1998. Mandatory reporting includes: Death of an inmate (Section 15); Segregation (Section 30); Mechanical restraints (Section 31); and Use of force (Section 32). For the year under review, there were96 unnatural deaths reported by DCS to JICS. A total of 27 suicide cases were recorded with majority being from Gauteng and Kwazulu-Natal. In addition to unnatural deaths, JICS received 335 reports of natural deaths in correctional facilities. Again, the majority of the natural deaths were reported from Gauteng (103) and Kwazulu-Natal (75).  

 

1. Section 30(7) of the Correctional Services Act, 1998 provides that inmates who have been segregated may refer the matter to the Inspecting Judge, who must decide thereon within 72 hours. The JICSfound that there seems to be a significant under-reporting by the Department on segregation. For the period under review, 2 766 cases of segregation on inmates were reported.

 

1. The JICS also recorded only 43 cases of Mechanical restraints in the 2018/19 financial year which is a significant decline from 315 reported cases in 2015/16 financial year.   

 

1. The JICSrecorded a total of 358 cases of use of force in the year under review. Again, this is a significant decline from 619 cases reported in 2015/16 financial year.

 

1. Community and stakeholder engagement in the 2019/20

 

1. In the year under review, JICS had 85 Visitors Committee Meetings out of 126 planned meetings. Other meetings could not be attended because of lock-down restrictions.

 

1. The JICS also attended a number of other meetings with other stakeholders, including JCPS meetings; a workshop with SAHRC; and a workshop at Legal Aid SA.

 

1. First Quarter 2020/21 Expenditure and Performance of JICS 

 

1. For 2020/1, the Judicial Inspectorate for Correctional was allocated a total of R81.5 million. At the end of June 2020, the total expenditure was R16.2 million excluding commitments.

 

1. There was underspending by 9.24% under Goods and Services for the first quarter of 2020/21. The reasons provided for under-spending include the nation-wide lockdown.

 

1. There was also underspending by 3.92% under Compensation of Employees in the first quarter. The reason for the under-spending relates to vacant positions. JICS has reported that a number of positions, including senior management positions, are in the process of being filled.

 

1. Procurement of PPE: The following items were procured:

• 1000 x cloth face masks
• 30 x 5lt hand sanitizers
• 250 x 220ml plastic spray bottles
• 250 x plastic face covers (with an adjustable headband)
• 1500 x surgical gloves.

 

1. In the First Quarter, JICS had 234 ICCV posts, of which, 210 were filled, 22 were vacant and 2 Correctional Centres were under construction. In addition to ICCV posts, there were 86 approved and funded positions on the fixed establishment as at 30 June 2020. The Inspectorate reported that 82 of these positions were filled while 4 were vacant.   

 

1. Inspections, Investigations, Complaints and Mandatory Reporting in the First Quarter of 2020/21

 

1. The Inspecting Judge conducted an inspection at Johannesburg Correctional Centre on 5/5/2020, finding that COVID-19 precautions were adhered to and the Centre was clean and neat. However, the Inspecting Judge found that the infrastructure was old and dilapidated; and the facility was severely overcrowded.

 

1. The Inspectorate reported that, for the First Quarter of 2020/21, there were only 6 investigations conducted and all of them related to deaths of inmates.

 

1. Due to COVID-19 restrictions, very few complaints were received in the First Quarter of 2020/21.

 

1. In terms of mandatory reporting, a total of 20 unnatural deaths were recorded for the first quarter. The majority (14) of these were recorded as “unknown causes” and 2 were recorded as medication overdose. In addition to unnatural deaths, JICS also recorded a total of 111 natural deaths in correctional centres across the country. The largest category (20) of natural deaths were recorded as “Natural causes other”. Gauteng recorded the highest number of deaths (51) while Free State/Northern Cape recorded the lowest (9).

 

1. Segregation recorded a total of 1 112 reports in the First Quarter of 2020/21.The Western Cape recorded the highest number of segregations (312), while the Eastern Cape recorded the lowest (36). JICS reported that due to the dysfunctional electronic system of reporting, the accuracy and numbers of reports by DCS could not be verified.

 

1. In terms of Mechanical Restraints’ reports, JICS recorded 14 cases for the First Quarter of 2020/21. Reasons given for the use of mechanical restraints included: Prevention of damage to property (6); safety of others (4); safety of inmates (2); and suspicion exist of escape (2).

 

1. A total of 237 cases of the use of force were recorded by the Department and submitted to JICS in the First Quarter. JICS has emphasized that, due to manual reporting, the number of reported cases of the use of force has drastically declined.

 

 

 

PART III

 

 

1. Department of Correctional Services: Committee observations and Recommendations

 

1. The Committee received and accepted the Minister’s apology for being unable to attend the initial meeting as he was on sick leave, and wished the Minister a speedy recovery.

 

1. The Minister, however, attended the committee meeting on 20 November 2020 and provided a political overview on the overall performance of the Department of Correctional Services for 2019/20 financial year. Amongst others, the Minister indicated that the filling of vacancies at senior management level was prioritized and a number of senior appointment were made. 

 

1. The Minister has reported that the department is striving to improve its audit outcomes and a road-map has been adopted to address this. The Committee will be monitoring the implementation of this road-map.

 

1. The Committee has commended the Minister for listing a number of issues that needed attention in the department, especially consequence management. However, the Committee is concerned that most of these issues have been there and it seems as if the department is failing to address them. The Committee request the Minister to indicate what will be done differently in the current financial year to address those issues.

 

1. The Committee notes that the Department of Justice owes money to the Department of Correctional Services which the Department of Correctional Services is unable to recover. The Committee requests the Minister of Justice and Correctional Services to intervene on this matter.    

 

1. The Department reported that it managed to achieve only 31 of 36 targets for the 2019/20 financial year. The Committee, however, does not have the means to verify the accuracy of this. The Committee notes that the Department attributed the non-achievement of certain targets to the national lockdown, but as this only began on 26 March 2020,the Committee is dissatisfied by the explanation provided.

 

1. The Committee is concerned by the misalignment between the achievement of service delivery targets (89%) and financial expenditure (99.48%) in 2019/20. The Committee will continue to monitor spending and performance on a quarterly basis to ensure service delivery and value for money in all programmes. 

 

1. The Committee commends the Department for the educational and training programmes it offers. However, the Committee notes that a limited number of children participate in educational programmes in correctional centres. The Committee is not convinced that the Department is making enough efforts to encourage children to participate in educational programmes available in their facilities. The Department is urged to do more in promoting access to education, especially for children in its facilities and provide the Committee with regular updates on measures taken to realise this. The Committee further urges the Department to ensure that the budget for Rehabilitation is sufficient to ensure that rehabilitation is at the centre of departmental activities as outlined in the White Paper on Corrections, 2005.  

 

1. The Department reported that, to date (12 October 2020), 12078 low-risk offenders were released following the COVID-19 Special Parole Dispensation. The suspension of programmes during lockdown has led to delays in further placements and, as a result, 1500 offenders were referred for further profiles. The Committee requests the Department to provide regular updates on the release of this category of offenders on parole.

 

1. The Committee is concerned by the rate of recidivism among parolees (75 parolees were re-arrested for committing new crimes, mostly house-breaking and theft). The Committee has consistently raised concerns about the capacity of Community Corrections to monitor those intrusted in their care. The Committee urges the Department to intensify its monitoring programme within Community Corrections as well as to capacitate Community Corrections to ensure that there are sufficient personnel to monitor the increased number of parolees, especially now that more inmates were released on parole during the special COVID-19 parole dispensation, to ensure that communities feel safe and are safe.

 

1. The Committee notes that the Department managed to achieve all its security-related targets at the end of 2019/20 financial year. However, the Committee believesthat the Department can do more to reduce the number of escapes and unnatural deaths that occurred in their facilities. The Department isurged to monitor and review its security policies to ensure the safe custody of all inmates in its facilities.

 

1. The Committeenotes that the Department achieved all the targets under Care programme in 2019/20 financial year.However, the Committee notes with concern that, in the First Quarter of 2020/21, the target for Offender Viral Load was not achieved.The Committee urges the Department to put in place measures to ensure that sick-offenders adhere to their treatment. 

 

1. The Committee is concerned that the Department missed its revenue target by R45 million in the 2019/20 financial year and by R14 million in the First Quarter of 2020/21. The Committee requeststhat the Department develop arevenue recovery plan to address the under-collections.

 

1. The Committee is dissatisfied about the recurrenceand the increase of irregular expenditure in the Department of Correctional Services which increased from R3.3 billion (in 2018/19) to R4.4 billion (in 2019/20). The Committee believes that the Department is not serious about preventing irregular expenditure because officials are not held responsible for this and there is no evidence of consequence management for those responsible. The Committee requests the Department to provide a detailed report on practical steps it will take to address and prevent irregular expenditure for the current financial year and subsequent years. The Committee further request the Department to provide it with quarterly updates on consequence management applied to those responsible for occurrence of irregular expenditure in the year under review and the previous years.  

 

1. The Committee notes the report of the Auditor-General on the performance of the Department of Correctional Services for 2019/20 financial year. The Committee is concerned that the performance reports submitted to the Auditor General continues to require material adjustment, and this is because management did not prepare regular, accurate and complete financial reports and performance reports that were always supported and evidenced by reliable information. The Committee is also deeply concerned by the fact that leadership of the Department did not exercise sufficient oversight regarding financial and performance information, compliance with laws and regulations and related internal controls as reported by the AGSA.  

 

1. The Department’s Audit Committee reported that weaknesses in internal control still exist but the Department is currently developing an internal control framework to address those weaknesses. The Committee requests the Chairperson of the Audit Committee to provide it with written quarterly reports detailing its findings on the Department’s performance.  The Committee is seriously concerned and questions the ability of the Audit Committee to exercise oversight over the Department of Correctional Services. This is because, the Audit Committee reported that it was presented with regular quarterly management reports to enable it to monitor the integrity, accuracy and reliability of the performance information of the Department while the AGSA on the other hand reported that sufficient appropriate audit evidence for the achievement of 28% on overcrowding could not be found and this was due to lack of accurate and complete records.   

 

1. The Committee has noted and congratulated the department through the Ministry in the opening of the Tzaneen and Nqamakwe Correctional Centres in November 2020. However, the Committee is concerned about the time it took to complete Tzaneen Correctional Centre and the cost escalation resulting from these delays.The Committee asked the Department to address it on whether it would be better to continue to use DPW to facilitate theinfrastructure programme or to take on this responsibility in-house.

 

1. The Committee remains seriously concerned about the slow progress in the roll-out and implementation of IIMS. This project has been delayed for a number of years and this has had a negative impact on the finances of the Department. The Department reported that IIMS was rolled out in 9 of 50 planned sites for 2019/20. Reasons provided by the Department included resource limitations and insufficient internal capacity. The Committee is not convinced by these reasons. Therefore, the Minister is requested to update the Committee on interventions to ensure the full roll-out and implementation of the Integrated Inmate Management System.The Committee has also committed to closely monitor the implementation of the corrective action reported by the Department which includes reprioritization of sites for deployment and the appointment of personnel..         

 

1. The Committee was informed that, on 23 September 2020, Cabinet approved a draft Bill on the amendments of Correctional Services Act 111 of 1998. The Committee has also noted that the State Law Advisor has certified the draft Bill for submission to Parliament. The Committee has, however, expressed its concernabout the time it took for this Bill to come to Parliament and is not convinced by the explanations provided for the delays in finalizing this draft Bill from the Department.

 

1. Overall, the Committee is not impressed with the performance of the Department in 2019/20 financial year and believes that there is no value for the money spent by the Department because there are no tangible outcomes that the Committee can realistically measure the Departments’ performance.

 

1. The overall pace and performance of the Department does not convince the Committee that the goals of the National Development Plan, Vision 2030 will be achieved. 

 

1. The Committee urges the Department to radically change the way they do things and start doing things differently. The Committee is not interested in processes and structures but would want to see outcomes and impact of the performance areas of the Department.   

 

1. The Committee request the Executive Authority of the Department to include implementation of consequence management on the performance assessment of senior management of the Department.

 

1. Judicial Inspectorate for Correctional Services (JICS) – Committee’s Observations and Recommendations.

 

1. The Committee expressed its condolences to the family of Mr Raga on his passing and further expressed its condolences to the families of all those who have succumbed to COVID-19.

 

1. The Committee commended JICS for its presentation of the quarterly reports.

 

1. The Committee is pleased to learn that there is good working relationship between JICS and DCS. 

 

1. The Committee is concerned about under-spending at JICS, which increased from R4.8 million (in 2018/19) to R10 million (in 2019/20). The Committee requests that JICS devise a strategy on how to ensure that underspending does not continue. 

 

1. The Committee notes the challenge experienced by JICS with respect to mandatory reportingas a result of the Department’s management information system continuing to be non-functional. The Committee is concerned about the accuracy and reliability of the information available as the reports are recorded and reported manually. The Committee urges the Minister to intervene to ensure that JICS is able to perform its statutory functions.

 

1. The Committee will engage with the Department of Correctional Services on the practice of categorizing some of the deaths in correctional facilities as ‘natural other’, which it finds concerning.

 

1. The Committee notes the number of non-nationals in our correctional facilities across the country. The Committee will engage the Department on offender exchange programmes.

 

1. The matter of JICS’ ongoing dependence on the Department remains unresolved. Although the Committee is aware that this issue is before the Constitutional Court, the Committee is however, concerned about the length of time this is taking.The Committee will raise the issue of length of time for judgements to be handed down at the Constitutional Court when it meets with the Chief Justice.

 

1. The Committee notes JICS’s progress in filling its vacancies, especially at management level. The Committeeis concerned about lack of representation of people with disabilities in the organizational structure of JICS and urges it to address this issue going forward.

 

1. The Committee was disturbed to hear that an ICCV was found smuggling cigarettes during National Lockdown into a correctional facility. The Committee views this offence in a serious light and encourages JICS to take the necessary disciplinary steps.

 

1. The Committee notes that the Eastern Cape Management Region of JICS is accommodated at the East London Magistrates Court. The Committee encourages JICS to engage with other government departments on its accommodation needs, since the continuous leasing of property has proven to be a challenge.

 

1. The Committee notes that the national lockdown affected the achievement of sometargets,especially in the First Quarter of 2020/21. The Committee requests JICS topresent its recovery plan to the Committee.

 

1. The Committee is informed that JICs is consulting the Minister on the draft Bill. The Committee is looking forward to having sight of the Bill, as promised.

 

1. The Committee is also looking forward to receiving JICS’ report on parole.

 

 

1. Appreciation

 

1. The Committee wishes to thank the Minister of Justice and Correctional Services and Deputy Minister of Correctional Services, staff in the Ministry, National Commissioner and the staff of the Department of Correctional Services for their assistance in this process.

 

1. The Committee also wishes to thank the Inspecting Judge and the staff of the Judicial Inspectorate for Correctional Services for their co-operation in this process.

 

1. The Committee wishes to thank the Auditor General South Africa for the support provided to the Committee.   

 

 

Report to be considered