ATC230516: Report of the Portfolio Committee on Justice and Correctional Services on Budget Vote 22 and Annual Performance Plan: Correctional Services for 2023/24, Dated 16 May 2023

Justice and Correctional Services

Report of the Portfolio Committee on Justice and Correctional Services on Budget Vote 22 and Annual Performance Plan: Correctional Services for 2023/24, Dated 16 May 2023.

 

1. INTRODUCTION

 

1. The Committee received a political overview by the Minister of Justice and Correctional Services, Mr Ronald Lamola, on 02 May 2023, who was accompanied by the two Deputy Ministers, Inkosi Phathekile Holomisa (Correctional Services) and Mr. John Jeffery (Justice and Constitutional Development). This briefing took place by way of a virtual platform.  

 

1. The Department of Correctional Services and the Judicial Inspectorate for Correctional Services presented their Annual Plans and their Budget allocations for 2023/24 financial year on 09 May 2023. The briefings also took 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) 2020-2025, 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. The Minister highlighted that the Department of Correctional Services continues to be in the news following the escape from lawful custody of Mr Thabo Bester and his subsequent re-arrest in Tanzania. He further indicated that Mr Bester was currently incarcerated at a secure Kgosi Mampuru C-Max Facility.   

 

1. The Minister also reported that the Department of Correctional Services has served the Mangaung Correctional Centre with a 90 days-notice to terminate the correctional facility contract. According to the Minister, the notice to terminate was informed by a legal opinion received by DCS and the Department has already started with internal exercise for take over process.   

 

1. The Minister assured the Committee that inmates were incarcerated securely and in humane condition. He further reported that 22 escapes were recorded in the 2021/22 financial year out of a total of 143 223 inmate population. The Minister committed that the Department will redouble their security operations to prevent escapes and deal harshly with officials who fail to adhere to Standard Operating Procedures.              

 

1. According to the Minister, the performance of the Department has been increasing since they were appointed from 70% in 2020/21, 80% in 2021/22 to 89% in 2022/23. The Minister further reported that the Department recorded successive unqualified audit opinions in the last two financial years. 

 

1. The Minister reported that all their centres are implementing Self-Sufficiency Strategic Framework and through this framework government has saved a total of R372 million in the last three financial years.  

 

1. The Minister also highlighted that they have impressed upon the department to prioritise victim empowerment in their operations and this should be done in collaboration with other sister departments.  

  

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 identified the following three focus area for 2023/24 financial year:

• Implementation of the Self-Sufficiency Strategy and Sustainability Framework
• Providing adequate security and security equipment at correctional centres
• Improving facilities
• Offering effective rehabilitation programmes, and
• Successful reintegration of offenders into society.

 

1. OVERVIEW OF THE DCS BUDGET: 2023/24

 

1. The DCS will receive R26.1 billion in 2023/24. This is a decrease of 1.9 or R509.3 million from 2022/23 allocation. The allocation is projected to increase to R28.4 billion over the medium term (2025/26). Of the total allocation for 2023/24, 67% (or R17.4 billion) goes towards Compensation of Employees.

 

TABLE 1: SUMMARY OF ALLOCATION FOR 2019/20-2025/26

Programmes	2019/20	2020/21	2021/22	2022/23	2023/24	2024/25	2025/26
R’000	Audited outcome	Audited outcome	Audited outcome	Adjusted appropriation	Medium term estimates	Medium term estimates	Medium term estimates
Administration	4, 925.0	4,709.2	5,086.3	4,705.91	4,933.0	5,033.9	5,210.8
Incarceration	15,189.8	14,973.0	15,240.6	15,550.4	15,110.3	15,988.6	16,910.2
Rehabilitation	1,895.2	1,884.4	2,014.7	2,343.1	2,261.4	2,332.8	2,406.5
Care	2,187.6	2,481.2	2,331.8	2,639.6	2,482.0	2,543.3	2,600.9
Social Reintegration	987.1	979.2	1,020.3	1,297.0	1,239.9	1,284.0	1,258.9
Total expenditure	25,184.8	25,027.1	25,693.6	26,536.0	26,026.7	27,182.6	28,387.2

Source: Estimates of National Expenditure 2023

           

1. The DCS budget is distributed across five programmes: Administration (R4.9 billion), Incarceration (R15.1 billion)), Rehabilitation (R2.2 billion), Care (R2.4 billion), and Social Reintegration (R1.2 billion).

 

1. A combined 78 percent of the allocation goes towards the Administration and Incarceration programmes. The Rehabilitation and Social Reintegration programmes together receive only 12 percent of the overall budget for 2023/24, while the Care programme receives 9.5 percent.   

 

1. The Judicial Inspectorate of Correctional Services receives a transfer from the Vote of R79 million in 2023/24, R82.4 million in 2024/25 and R86 million in 2025/26. 

 

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 R4.9 billion has been allocated to the Administration programme for the 2023/24 financial year. This amounts to 19 percent of the total Departmental budget. This is the second largest programme in the Department in terms of budget allocation.  This programme has been increased by 4.83 percent or R227.1 million in nominal terms.

 

1. The allocation to sub-programmes, as percentage of the allocation to the Administration programme, is as follows: Finance - 23 percent or R1, 201.2 billion; Human Resources - 40 percent or R2, 134.7 billion; Management – 17 percent or R831.8 million; Information Technology – 8 percent or R403.5 million; Assurance Services – 3 percent or R137.4 million; Office Accommodation – 2.2 percent or R105.9 million; and the Ministry – 1.8 percent or R39.5 million. The Judicial Inspectorate for Correctional Services receives 1.8 percent or R79 million of the total allocation for the programme.

 

1. In terms of the Annual Performance Plan, the department intends to have an unqualified audit opinion with reduced findings in the 2023/24 financial year. The target for IIMS has been increased from 12% (in 2021/21) to 16% (in 2022/23). The department also plans to have 20% of youth employed in the 2022/23 financial year.

 

Table 4: Programme 1: Administration

	2022/23 (R’000)	2023/24 (R’000)	Nominal % changes	Real % change	Nominal Rand change	Real Rand change
Programme 1: Administration	4 705.9	4 933.0	4.83%	-0.07	227.2	-3.2
Sub-programmes
Ministry	21.6	39.5	82.87%	74.33%	17.9	16.1
Judicial Inspectorate for Correctional Services	81.6	79	-3.19%	-7.71%	-2.6	-6.3
Management	864.3	831.8	-3.76%	-8.26%	-32.5	-71.4
Human Resources	2 046.7	2 134.7	4.30%	-0.57%	88.0	-11.7
Finance	1 087.3	1 201.2	10.48%	5.32%	113.9	57.8
Assurance Services	121.2	137.4	-13.37%	8.07%	16.2	9.8
Information Technology	382.5	403.5	5.49%	0.56%	21.0	2.2
Office Accommodation	100.6	105.9	5.27%	0.35%	5.3	0.4

 

 

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 DCS programme, the Incarceration programme is allocated an amount of R15, 110.3 billion for 2023/24, a decrease by 2.89 percent in nominal terms compared to the previous financial year. The programme receives 58 percent of the total budget allocation to the Vote. A total of 70 percent (R10, 601.6 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 R7.6 billion, constituting 51 percent of the total allocation for the Incarceration programme. In contrast, the Remand Detention sub-programme receives only R773.5 million or five 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 - R4.4 billion or 29 percent; Offender management - R2.2 billion or 15 percent.

 

1. For the 2023/24 financial year, the department plans to have less than 0.030% of escapes from their correctional facilities, and less than 4.55% of inmates injured as a result of assaults in correctional facilities. The percentage of unnatural death is expected to be less than 0.32% in the 2023/24 financial year. In terms of infrastructure projects, the department plans to complete 15 infrastructure projects in the current financial year and reduce overcrowding to less than 50% in the same period.

 

  Table 5: Programme 2: Incarceration

	2022/23 (R’000)	2023/24 (R’000)	Nominal % changes	Real % change	Nominal Rand Change	Real Rand change
Programme 2: Incarceration	15 550.4	15 110.3	-2.89	-7.37	-440.1	-1 145.9
Sub-programmes
Security Operations	8 560.4	7 645.7	-10.69	-14.86	-914.7	1 271.8
Facilities	4 131.7	4 411.6	6.77	-1.79	279.9	73.8
Remand Detention	635.7	773.5	21.68	15.99	773.5	137.8
Offender Management	2 222.9	2 279.5	2.55	-2.24	56.6	-49.9

 

 

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 R2.3 billion, receiving 7 percent of the overall allocation to the Vote. A total of 72 percent (R1.6 billion) of the allocation to the programme is for Compensation of Employees. In nominal terms, the allocation for the programme was decreased by 3.45 percent when compared to the 2022/23 allocation.

 

1. In terms of the allocations to sub-programmes, the largest allocation is to Offender Development (R1 245.8 billion or 55 percent); Psychological, Social and Spiritual programme (R586.2 million or 26 percent); and Correctional programme (R429.4 million or 19 percent).   

 

1. Under rehabilitation programmes, the department intends to have 84% of offenders with Correctional Sentence Plans who have completed correctional programmes in the current financial year. In addition, 90% of offenders are expected to participate in Long Occupational Skills and 85% of offenders are expected to participate in the General Education and Training in the 2023/24 financial year.   

  Table 6: Programme 3: Rehabilitation

	2022/23 (R’000)	2023/24 (R’000)	Nominal % Changes	Real % change	Nominal Rand change	Real Rand change
Programme 3:Rehabilitation	2 343.1	2 261.4	-3.45	-7.96	-80.7	-186.3
Sub-programmes
Correctional Programmes	477.7	429.4	-10.11	-14.32	-48.3	-68.4
Offender Development	1 221.3	1 245.8	2.01	-2.76	24.5	-33.7
Psychological, Social and Spiritual Services	644.0	586.2	-18.98	-13.23	-57.8	-85.2

 

 

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, 482.0 billion for 2023/24, which is a decrease by 5.96 percent in nominal terms from 2022/23 allocation. This programme comprise 9.5 percent of the total allocation to the Department in the 2023/24 financial year. Compensation of employees takes up 41 percent (R1, 024.2 billion) of the total allocation to the programme.

 

1. The bulk of the budget for the programme is allocated to the Nutritional Services sub-programme (R1, 332.4 billion). The remaining amount (R1, 307.2 billion) is allocated to Health and Hygiene Services.

 

1. The target under care programme includes, having 12% of inmates benefitting from therapeutic diets, 90% of inmates screened for diabetes and 90% screened for hypertension in the 2022/23 financial year.

 

Table 7: Programme 4: Care Programme

	2022/23 (R’000)	2023/24 (R’000)	Nominal % changes	Real % change	Nominal Rand change	Real Rand change
Programme 4: Care	2 639.6	2 482.0	-5.96	-10.35	-157.3	-273.3
Sub-programmes
Nutritional Services	1 332.4	1 307.2	-2.78	-17.35	-37.1	-97.6
Health & Hygienic Services	1  307.2	1 186.7	-9.22	-13.46	-120.5	-175.9

 

 

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 R1,239.9 billion for the 2023/24 financial year, which is a decrease of 4.40 per cent (or R57.1 million) as compared to the previous financial year. This programme comprises only 5 percent of the total budget of the Department for this financial year. The biggest part (84%) of the programme’s budget is allocated to compensation of employees.  

 

1. In terms of sub-programmes, the bulk of the allocation is directed towards Supervision (90%), followed by Community Reintegration (7%), and Office Accommodation: Community Corrections (3%).

 

1. Under Social Reintegration, the targets include, having 97% of parolees not violating their parole conditions, 97% of probationers not violating their parole conditions, and creating 48 economic opportunities for offenders, parolees and probationers.

 

Table 8: Programme 5: Social Reintegration

	2022/23 (R’000)	2023/24 (R’000)	Nominal % Changes	Real % change	Nominal Rand change	Real Rand change
Programme 5: Social Reintegration	1 288.6	1 207.4	-6.30	-10.34	-81.2	-133.2
Sub-programmes
Supervision	1 170.0	1 073.6	-8.94	-12.86	-105.4	-151.6
Community Reintegration	75.1	88.6	17.98	12.90	13.5	9.7
Office Accommodation: Community Corrections	43.6	45.2	3.67	-0.79	1.6	-0.3

 

1. COMMITTEE OBSERVATIONS AND RECOMMENDATIONS

 

1. Employment equity. The Committee is concerned about the low target of 0.83 per cent on people with disabilities in the Department of Correctional Services in the 2023/24 financial year. The Committee urges the Department to ensure that the governments’ target of 2 per cent in this regard is complied with.           

 

1. JICS Inspection target. The Committee notes that the inspection target of JICS is set at 56 per cent in the 2023/24 financial year. The Committee notes that this low target is as a result of shortage of inspectors to conduct inspection. The Committee supports the capacitation of the Inspectorate to ensure that more inspections are conducted in correctional facilities.          

 

1. JICS Bill. The Department of Correctional Services has reported that the JICS Bill will be presented to Cabinet on 10 May 2023. The Committee will be monitoring the progress in this regard.

 

1. Reduction of the budget. The Committee noted with concern the reduction in the budget allocation by R509 million in the 2023/24 financial year and this might compromise service delivery in the operation of the Department. The Committee urges the Department to reprioritise their plans and in doing so, not compromise rehabilitation of offenders and safe custody of inmates.       

 

1. PPP Correctional Centres. The Committee noted that the Department of Correctional Services has served the Mangaung Correctional Centre with 90 days-notice to terminate the contract. The Committee will monitor progress in this regard. In addition, the Sub-Committee will schedule a dedicated meeting with the Department to get updates on plans in place to take over the two private facilities upon the end of both contracts.      

    

1. Overcrowding of Correctional Centre. Overcrowding remains the biggest challenge facing the Department of Correctional Services. The target for overcrowding has been increased from less than 32 per cent (in 2021/22) to less than 50 per cent (in 2023/24). Some of the contributing factors includes remand detainees who have been offered bail of less than R300 but could not afford. The Committee is concerned that with overcrowding, injuries as a result of assault will increase in correctional centres. The Committee therefore, calls upon different role-players within the Criminal Justice System to work together to address overcrowding in correctional centres.          

 

 

1. Summary of Commitments made:

 

Reporting request	Action	Associated timeframe
PPP facilities – update. The National Commissioner committed to submit a report on updates regarding the plans to take over the private facilities.	Report	Within the next 7 days.
Remedial Action of Public Protector- report. The National Commissioner committed to submit a report on steps taken by the Department of Correctional Services regarding all remedial actions by the Public Protector including that of the appointment of Mr Sihle Zikalala.	Report	Within the next 7 days.
Tswelopele Correctional Centre. Report    The National Commissioner committed to visit Tswelopele Correctional Centre to look at the issue of assault of Ms Moyo and other related staff issues and provide the Committee with a report on steps to be taken to address those issues.	Report	As soon after the visit to Tswelopele Correctional Centre.
Kimberley Correctional Centre. Report The National Commissioner committed to visit the Kimberley Correctional Centre to look at infrastructure issues raised by the Committee especially related to Mother-and-Babies.	Report	As soon after the visit to Kimberley Correctional Centre.
Prisoner transfer programme. Report The Department will be developing a position paper on Prisoner transfer programme which will be submitted to Cabinet.	Report	No deadline indicated.

 

 

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 Makgothi Thobakgale, and the officials of the Department of Correctional Service.

 

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

 

 

1. Recommendation

 

1. Having considered the Annual Performance Plan for 2023/24 of the Department of Correctional Services, the Committee supports it 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.