ATC210514: Report of the Portfolio Committee on Justice and Correctional Services on Budget Vote 22: Correctional Services, Dated 14 May 2021

Justice and Correctional Services

REPORT OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON BUDGET VOTE 22: CORRECTIONAL SERVICES, DATED 14 MAY 2021.

 

1. INTRODUCTION

 

1. The Committee received a political overview by the Minister of Correctional Services, Mr Ronald Lamola, on 05 May 2021, who was accompanied by the two Deputy Ministers, Inkosi Phathekile Holomisa (Correctional Services) and Mr. John Jeffery (Justice and Constitutional Development). On the same day the Committee was briefed by the Department of Correctional Services (DCS) on theAnnual Performance Plan and the Budget for the 2021 MTEF.

 

1. Both briefingstook place by way of a virtual platform.

 

1. The DCS’s mandate is derived from the Correctional Services Act (No. 111 of 1998), as well as the White Paper on Correctional Services (2005) and the White Paper on Remand Detention Management in South Africa (2014). The legislation and policies inform all the efforts towards achieving the safe and human detention of offenders and remand detainees, rehabilitation and social reintegration into the community.

 

1. The DCS’s planning documents are also informed by the government-wide Medium-Term Strategic Framework (MTSF) 2020-25, which is geared towards the implementation of the National Development Plan’s Vision 2030 (NDP).

 

1. POLITICAL OVERVIEW BY THE MINISTER OF JUSTICE AND CORRECTIONAL SERVICES

 

1. In his remarks, the Minister highlighted that the mandate of the Department of Correctional Services is to contribute towards creating safer communities and through the Department’s efforts of rehabilitating offenders and enabling their successful reintegration into society, they want South Africans from all walks of life to be safe. 

 

1. In order to create opportunities for young people, the Minister announced that the Department was instructed to reprioritise the budget so that 2000 learners can be absorbed in a phased in approach. The Minister also announced that on the 1st of June 2021, the first group of learners totalling 932 will be absorbed throughout the regions. The Minister further highlighted that this was in line with the department’s plans of employing 20 percent of youth within the Department this current financial year and the target for the Medium Term Expenditure Framework was to employ 40 percent of youth. 

 

1. The Minister highlighted a number of projects where offenders provided their labour in community empowerment projects including a school and pharmacy built by offenders in the Western Cape; sporting field developed by offenders in Bushbuckridge and One thousand school desks for ten different schools refurbished; and another sporting field being developed for Skeen Primary School in Alexandra also by offenders.  

 

1. In this financial year, the Minister indicated that the Department has set a target for an unqualified audit outcome with significantly reduced findings.  

 

1. The Minister also mentioned that, the Department will be piloting the business case mechanism for self sustainability, revenue generation and retention mechanism.  

 

1. DEPARTMENT OF CORRECTIONAL SERVICES’ STRATEGIC GOALS

 

1. 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 is 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 ensuring that:

• Remand detention is effectively managed by making sure that remand detainees attend court; and are held in secure, safe and humane condition; are provided with personal well-being programmes; and that Awaiting Trial Prisoners are provided with relevant services.
• All sentenced offenders are incarcerated in safe, secure and humane facilities and are provided with healthcare needs and effective rehabilitation programmes in line with their correctional sentence plans to enable their successful placement into society after their lawful release.
• Offenders, parolees and probationers are successfully reintegrated back into society as law-abiding citizens through provision of social reintegration programmes.

 

3.3        The Department of Correctional Services has also highlighted the following priorities in the Development Agenda:

 

• Sustainable Development Goals
• African Union Agenda 2063
• National Development Plan 2030
• District Delivery Model
• Medium Term Strategic Framework.  

 

1. OVERVIEW OF THE DCS BUDGET: 2021/22

 

1. The DCS will receive R25.2 billion in 2021/22. This is an increase of 6% or R1.5 billion from 2020/21.The allocation is projected to increase to R25.6 billion over the medium term (2023/24). Of the total allocation for 2020/21, 70% (or R18.7 billion) goes  towards Compensation of Employees.

 

 

 

 

 

TABLE 1: SUMMARY OF ALLOCATION FOR 2021/22-2023/24

Programmes	2017/18	2018/19	2019/20	2020/21	2021/22	2022/23	2023/24
R’000	Audited outcome	Audited outcome	Audited outcome	Adjusted appropriation	Medium term estimates	Medium term estimates	Medium term estimates
Administration	3,912,772	4,334,477	4,926.423	5,302,454	4,392,698	4,548,436	4,546,053
Incarceration	13,949,901	14,468,917	15,189,842	14,729,434	14,961,070	14,846,351	14,926,581
Rehabilitation	1,664,042	1,748,967	1,895,158	2009,983	2,175,524	2,297,350	2,357,808
Care	2,322,675	2,286,742	2,187,640	2,562,367	2,432,002	2,607,561	2,650,462
Social Reintegration	907,919	936,744	987,083	992,599	1,256,835	1,186,940	1,113,005
Total expenditure	22,757,309	23,775,847	25,186,146	25,596,837	25,218,129	25,486,638	25,593,909

Source: Department of Correctional Services Presentation

          

1. The DCS budget is distributed across five programmes: Administration (R4.4 billion), Incarceration (R14.9 billion)), Rehabilitation (R2.2 billion), Care (R2.4 billion), and Social Reintegration (R1.2billion).

 

1. A combined 76 percent of the allocation goes towards the Administration and Incarceration programmes. The Rehabilitation and Social Reintegration programmes together receive only 14 percent of the overall budget for 2021/22, while the Care programme receives 10 percent.

 

1. The Judicial Inspectorate of Correctional Servicesreceives a transfer from the Vote ofR76.1 million in 2021/22, R85.9 in 2022/23 and R90.1 million in 2023/24. 

 

1. According to DCS’Annual Performance Plan 2021/22, JICS will conduct 100 percent of inspections in the current financial year.

 

1. Cabinet has approved reduction to the Department’s baseline amount totalling R11 billion over the medium term (R3.3 billion in 2021/22, R4.3 billion in 2022/23 and R3.4 billion in 2023/24).These cuts are mainly on the allocation for compensation of employees. The number of personnel is expected to decrease from 37 836 in 2021/22 to 36 809 in 2023/24.

 

1. OVERVIEW OF ALLOCATION 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 under this programme are: Ministry, Judicial Inspectorate for Correctional Services (JICS), Management, Human Resources, Finance, Internal Audit, Information Technology, Assurance Services and Office Accommodation.

 

1. An amount of R4.4 billion has been allocated to the Administration programme for the 2021/22 financial year. This amounts to 17 percent of the total Departmental budget. This is the second largest programme in the Department in terms of budget allocation. This programme has been decreased by 17 percent or R909.8 million in nominal terms.

 

1. The allocation to sub-programmes, as percentage of the allocation to the Administration programme, is as follows: Finance - 25 percent or R1, 082.4billion; Human Resources - 42 percent or R1,849.3 billion; Management - 18 percent or R797.8 million; Information Technology - 8 percent or R334 million; Assurance Services - 3 percent or R129 million; Office Accommodation - 2 percent or R96.9 million; and the Ministry - 0.6percent or R27.3 million. The Judicial Inspectorate for Correctional Services receives 2 percent or R76.1 million of the total allocation for the programme.

 

Table 4: Programme 1: Administration

	2020/21 (R’000)	2021/22 (R’000)	Nominal % changes	Real % change	Nominal Rand change	Real Rand change
Programme 1:Administration	5 302.5	4 392.7	-17.16	-20.50	-909.8	-1 086.9
Sub-programmes
Ministry	30.9	27.3	-11.65	-15.21	-3.6	-4.7
Judicial Inspectorate for Correctional Services	68.5	76.1	11.09	6.62	7.6	4.5
Management	858.1	797.8	-7.03	-10.77	-60.3	-92.5
Human Resources	2 335.8	1 849.3	-20.83	-24.02	-486.5	-561.0
Finance	1 201.7	1 082.4	-9.93	-13.56	-119.3	-162.9
Assurance Services	140.9	129.0	-8.45	-12.14	-11.9	-17.1
Information Technology	574.9	334.0	-41.90	-44.24	-240.9	-254.4
Office Accommodation	91.8	96.9	5.56	1.30	5.1	1.2

 

1. PROGRAMME 2: INCARCERATION

 

1. The Incarceration programme provides for services and physical infrastructure that supports secure conditions of incarceration for inmates. The Incarceration programme has four (4) sub-programmes.

 

1. Being the largest DSC programme, the Incarceration programme is allocated an amount of R14, 961.1 billion for 2021/22, an increase by 1.57 percentin nominal terms and a decrease of 52 percent in reals terms compared to the previous financial year. The programme receives 59 percent of the total budget allocation to the Vote.A total of 72 percent (R10, 816.1 billion) of the allocation for this programme goes towards Compensation of Employees.

 

1. The largest allocation under this programme goes to the Security Operations sub-programme which received R8 billion, constituting 54 percent of the total allocation for the Incarceration programme. In contrast, the Remand Detention sub-programme receives only R650.7 million or four percent of the total allocation to the programme and is the smallest sub-programme. The allocation to the remaining sub-programmes is as follows: Facilities - R4billion or27 percent; Offender management - R2.2 billion or 15 percent.

 

 

Table 5: Programme 2: Incarceration

	2020/21 (R’000)	2021/22 (R’000)	Nominal % changes	Real % change	Nominal Rand Change	Real Rand change
Programme 2: Incarceration	14 729.4	14 961.1	1.57	-.52	231.7	-371.3
Sub-programmes
Security Operations	8 222.4	8 077.2	-1.77	-5.73	-145.2	-470.8
Facilities	3 596.6	3 978.1	10.61	6.15	381.5	221.2
Remand Detention	715.0	650.7	-8.99	-12.60	-64.3	-90.5
Offender Management	2 195.4	2 255.0	2.71	-1.43	59.6	-31.3

 

 

1. PROGRAMME 3: REHABILITATION

 

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

 

1. The Rehabilitation Programme is allocated an amount of R2.2billion, receiving 8.6 percent of the overall allocation to the Vote.A total of 73 percent (R1.6 billion) of the allocation to the programme is for Compensation of Employees. In nominal terms, the programme receives an increase of 8.23 percent or a real increase of 3.87% in 2021/22.

 

1. In terms of the allocations to sub-programmes, the largest allocation is to Offender Development (R1 079.3 billion or 53 percent); Psychological, Social and Spiritual programme (R561.7million or 26 percent); and Correctional programme (R462.5 million or 21 percent).

 

Table 6: Programme 3: Rehabilitation

	2020/21 (R’000)	2021/22 (R’000)	Nominal % Changes	Real % change	Nominal Rand change	Real Rand change
Programme 3:Rehabilitation	2 010.0	2 175.5	8.23	3.87	165.5	77.8
Sub-programmes
Correctional Programmes	407.8	462.5	13.41	8.84	54.7	36.1
Offender Development	1 079.3	1 151.3	6.67	2.37	72.0	25.6
Psychological, Social and Spiritual Services	522.9	561.7	7.42	3.09	38.8	16.2

 

 

1. PROGRAMME 4: CARE

 

1. The Care programme provides for 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 Care programme is allocated R2, 432.0 billion for 2021/22, decreasing by -5.09 percent in nominal termsfrom 2020/21allocation. The real percentage change for this programme is -8.91 percent. This programme comprise 9.6 percent of the total allocation to the Department in the 2021/22 financial year. Compensation of employees takes up 44 percent (R1.06 billion) of the total allocation to the programme.

 

1. The bulk of the budget for the programme isallocated to the Nutritional Services sub-programme (R1, 247.4 billion). The remaining amount (R1, 184.6 billion) is allocated to Health and Hygiene Services.

 

Table 7: Programme 4: Care Programme

	2020/21 (R’000)	2021/22 (R’000)	Nominal % changes	Real % change	Nominal Rand change	Real Rand change
Programme 4: Care	2 562.4	2 432.0	-5.09	-8.91	-130.4	-228.4
Sub-programmes
Nutritional Services	1 217.3	1 247.4	2.47	-1.6	30.1	-20.2
Health & Hygienic Services	1  345.1	1 184.6	-11.93	-15.48	-160.5	-208.2

 

 

 

 

 

1. PROGRAMME 5: SOCIAL REINTEGRATION

 

1. The Social Reintegration programme provides for services focussed on offenders’ preparation for release, for the effective supervision of parolees, and for offenders’ reintegration into society upon their release. It comprises three sub-programmes: Supervision, Community Reintegration, and Office Accommodation (Community Corrections).

 

1. This programme has been allocated an amount of R1,256.8 billion for the 2021/22 financial year, which is an increase in nominal terms of 26.62 percent or 21.51 percent in real terms, as compared to the previous financial year. This programme comprises only 5 percent of the total budget of the Department for this financial year. An amount of R1,143.9 billionor 91% of programme’s budget is allocated to compensation of employees.

 

1. In terms of sub-programmes, the bulk of the allocation is directed towards Supervision (91%), followed by Community Reintegration (6%), and Office Accommodation: Community Corrections (3%).

 

Table 8: Programme 5: Social Reintegration

	2020/21 (R’000)	2021/22 (R’000)	Nominal % Changes	Real % change	Nominal Rand change	Real Rand change
Programme 5: Social Reintegration	992.6	1 256.8	26.62	21.51	264.2	213.5
Sub-programmes
Supervision	902.7	1 138.2	26.09	21.01	235.5	189.6
Community Reintegration	48.7	75.1	54.21	47.99	26.4	23.4
Office Accommodation: Community Corrections	41.2	43.6	5.83	1.56	2.4	0.6

 

 

 

 

 

 

1. COMMITTEE OBSERVATIONS AND RECOMMENDATIONS

 

1. Self-sufficiency and Sustainability. The Committee welcomes the Department’s initiative to pilot the business case mechanism for self-sustainability, revenue generation and retention mechanism in the current financial year. The Committee urges the Department not only to limit self-sufficiency to skills development but also on how it can contribute towards economic revival of the country. The Department is requested to provide the Committee with regular updates on these initiatives.  

 

1. Poor Audit Findings. The Minister has acknowledged that one of the areas of concern in correctional services remains poor audit outcomes arising from lack of proper accountability, high irregular expenditure and inability to finalize cases and disciplinary processes. The Committee request the Department to provide time frames for SCM related disciplinary cases, as well as measures in place to prevent irregular expenditure.

 

1. COVID-19 Testing Targets. The Committee welcomes the Department’s target of 100 percent for testing of COVID-19 in correctional facilities. The Committee however, is concerned that the Department does not include a target on TB, Diabetes and High Blood pressure testing in the current Annual Performance Plan. The Committee request the Department to ensure that all incoming inmates are screened for diabetes, high blood and tuberculosis.

 

1. COVID-19 Awareness Sessions. The Department has indicated that it will conduct 576 COVID-19 awareness sessions amongst its officials in the current financial year. The Committee is concerned that the Department is targeting only officials in this regard and urges the Department to also target offenders since COVID-19 affects everyone.  

 

1. PPP Correctional Centres. The Committee notes that the contract of the two Public Private Partnership facilities will expire in June 2026 and February 2027. The Department is requested to brief the Committee on plans in place to take over these two facilities at the end of the contract.

 

1. Inmates-Official ratio. The Committee notes that a high inmate to official ratio makes it difficult to manage facilities and give rise to violence, smuggling of contrabands and unnatural deaths. The Committee request the Department to provide it with their current inmates-official ratio. 

 

1. Repositioning of theJudicial Inspectorate of Corrections.The Committee continues to support the repositioning of JICS in terms of its independence and its statutory mandate.The Committee further notes that there are discussions currently taking place between the Ministry, JICS and other relevant stakeholders on the repositioning of JICS. The Committee will await the finalization of these discussions and the report emanating from this.

 

1. Budget reductions. The Committee notes that Cabinet has approved budget reductions to the Department’s baseline of R11 billion over the medium term (R3.3 billion in 2021/22, R4.3 billion in 2022/23 and R3.4 billion in 2023/24). The Department reported that the budgets cuts are effected in particular on compensation of employees and the impact will mean that contracts for non-essential personnel will be terminated and natural attrition will be allowed to take place. In terms of service delivery, the reduced number of employees will affect the ability of the Department to offer corrections, rehabilitation and wellness services as well as limit the ability of the Department to implement self-sufficiency and sustainability projects.Although the extent of the reprioritizations in the case of DCS is not yet known, the Committeeurges the Department to seek ways in overcoming some of its funding challenges.

 

1. Legislative Drafting Unit. The Committee is concerned that the Department of Correctional Services does not have a Legislation Drafting Unit for so many years after the new Constitutional dispensation. The Committee therefore urges the Department to seriously consider the establishment of a Legislative Drafting Unit. 

 

 

 

 

 

 

1. Summary of reporting requests

 

Reporting request	Action	Associated timeframe
Self-sufficiency and sustainability – details of the initiative and regular updates. [See paragraph 6.1].	Report	As per Sub-Committee programme
Poor audit outcomes- time frames for SCM disciplinary cases and measures to prevent irregular expenditure [See paragraph 6.2].	Report	As per Sub-committee programme
PPP Correctional Centres- Plans to take over the facilities [See paragraph 6.5].	Report	As per Sub-committee programme
Inmates-Official ratio- statistics [See paragraph 6.6].	Report	Within Seven days after adoption of this report

 

 

1. Appreciation

 

1. The Committee wishes to thank the following for their assistance in this process:

 

1. The Minister of Justice and Correctional Services, Mr Ronald Lamola; the Deputy Minister, InKosi Patekile Holomisa; and officials of the Ministry.

 

1. The National Commissioner, Mr Arthur Fraser, and the officials of the Department of Correctional Service.

 

1. The Inspecting Judge, Justice Edwin Cameron, and the officialsof JICS. 

 

 

 

1. Recommendation

 

1. Having considered the Annual Performance Plan for 2021/22 of the Department of Correctional Services, the Committee supportsit and recommends that the National Assembly approve it.

 

1. Having considered Vote 22: Correctional Services, the Committee supports it and recommends that the National Assembly approve it.

 

Report to be considered.