ATC240918: Oversight report of the Portfolio Committee on Correctional Services to Goodwood Correctional Centre, Dated- 17 September 2024.
Correctional Services
Oversight report of the Portfolio Committee on Correctional Services to Goodwood Correctional Centre, Dated- 17 September 2024.
The Portfolio Committee on Correctional Services, undertook its oversight visits to Goodwood Correctional Centre on 21st August 2024 and reports as follows:
INTRODUCTION
The Portfolio Committee on Correctional Services (the Committee) undertook oversight visit to Goodwood Correctional Centre on 21 August 2024.
Members of the Committee that formed part of the oversight were:
Ms KA Ramolobeng (ANC)
Mr EA Cloete (ANC)
Mr. MS Moela (ANC)
Ms N Mbiyo (ANC)
Mr MM Sokopo (ANC)
Mr S Nomvalo (MKP)
Ms B Diale (EFF)
Ms DE James (Action SA)
Mr G Jonas (PA)
Mr J Engelbrecht (DA)
Mr DD Klopper (DA)
Mr M Mathabathe (Content Advisor)
Mr S Mthonjeni (Committee Secretary)
Mr S Makalani (Committee Assistant).
The focus area for the oversight visit was on Infrastructure, Rehabilitation, Social Reintegration, update on inmate Bornface Kerera Banks (Tiktok incident) and an update on assault on an official.
PART I
CORRECTIONAL CENTER VISITED
The Committee visited Goodwood Correctional Centre on 21 August 2024.
Copies of all the presentations are available from the committee secretariat.
GOODWOOD CORRECTIONAL CENTRE
Goodwood Management Area was opened on 17 October 1997. The Centre is built on Unit Management principles and is housing adult male Remand Detainees, as well as sentenced offenders.
The Centre is classified as an admission centre serving 16 Feeder courts. High-profile, high-risk inmates and gang leaders are housed in the centre.
The approved bed space for Goodwood Correctional Centre is 1651 while there are 2497 inmates of which 1857 are remand detainees, 640 are sentenced offenders, 85 mental health care users and 15 J138 cases. The J138 inmates are those remand detainees who have been served with a warrant awaiting psychiatric observation in a Mental Health Institution. The overcrowding rate at Goodwood Correctional Centre is 53%.
Goodwood Correctional Centre houses 8 lifers of which 3 are classified under Van Wyk Judgement, another 3 under Phaahla Judgement and 2 are those who have committed crime after 1 October 2004.
Goodwood Correctional Centre has a total of 130 foreign national inmates of which 107 are remand detainees and 23 are sentenced offenders. Majority are from Zimbabwe (37), followed by Malawi (21) and Tanzania (19).
In terms of Section 49G of the Correctional Service Act, 111 of 1998 as Amended, the Department is required to submit referrals of inmates detained for a period longer than 24 months to court for consideration of bail or release on Correctional Supervision. Between April and July 2024, there were 63 remand detainees qualifying for court referrals 56 were successful and 7 were unsuccessful.
In terms of Sec.63(1) and 63(A) of the Criminal Procedure Act, 51 of 1977 (Bail Review), the Goodwood Correctional Centre submitted 298 to court and only 8 were successful and 280 were unsuccessful.
In terms of Bail amount, 305 remand detainees had Bail amount set by the court. 118 RDs had bail of less than R500, 120 RDS had bail amount of between R500-R1000, 65 RDs had bail of between R1000-R5000, 1 RD had bail of between R5000-R10 000 and another 1 RD had bail of between R10 000-R50 000.
Goodwood Correctional Centre offers long occupational skills as well as short occupational skills which includes Sewing, Fine Art, Vegetable Production, Painting, Sewing Aprons and Entrepreneurial Studies.
A total of 114 inmates participates in both long and short occupational skills.
The Community Corrections office of Goodwood Management Area had a total of 1 865 parolees, probationers and awaiting trial inmates. A total of 775 absconders were also recorded.
The following own resource projects have been identified in the Goodwood Management Area:
The Centre established and constructed a K-9 Unit at a much lower cost than if a contractor would have been appointed, to complement security.
Provisioning of a temporary access control gate to control access gate in order to control movement/security inside and outside of the premises.
Establishment of Goodwood Correctional Facility Circuit Court which provides an additional seat to the Western Cape High Court.
Incident relating to Bornface Kerera Banks:
3.13.1 Born face Kerera Banks is a remand detainee, an illegal foreign national from Zimbabwe who had a video circulated on social media on 14 July 2024.
3.13.2 The inmate was traced and found at Unit G6A, Room 4 at Goodwood Correctional Centre and when confronted, he denied that he was in possession of a cellphone and not much cooperative. A cellphone with a charger was later found hidden inside his radio and earphones were found in the sole of his sandal.
3.13.3 The inmate was found to have an active Tiktok account where he posted videos over a period of 03-months. The inmate was charged, degraded and immediately transferred to a Maximum facility. The Tiktok account was deactivated on 28 July 2024 and the inmate forfeited his privileges, such as visits and buying from the offender shop for a period of (03) months.
3.13.4 An investigator was appointed to look at the possible complicity of officials. The investigation further indicated that the videos (inside the cell and in the courtyard) have been recorded owing to poor supervision by officials.
3.13.5 The investigation for possible breaches was concluded on 13 August 2024 and handed over to the Area Commissioner for a decision on 14 August 2024. The Area Commissioner referred the investigation back to the investigator with a due date of 23 August 2024 for rectifications. Any consequence management/disciplinary action will emanate from the decision on the investigation.
The incident of official who assaulted another official:
On 5 August 2024, a security incident whereby an official, Mr Manyi assaulted another official, my Mr Mlonyeni, which was recorded on the CCTV Cameras of Engen garage causing an embarrassment to the Department as well as damaging its reputation and image.
It was alleged that Mr Manyi followed Mr Mlonyeni to his room at Single quarters (E- Block, Room 18) at Goodwood and continued to assault him with a broomstick. Mr Mlonyeni sustained head injuries and was later taken to Karl Bremer Hospital for treatment.
It was further alleged that Mr Manyi then further tried to gain access to another official’s room but was denied access. He was arrested on 8 August 2024 and was granted R500.00 bail after being detained at Goodwood Correctional Centre as a remand detainee.
The Investigation was conducted and finalized on 13 August 2024 and the Chairperson and Initiator were appointed for the disciplinary hearing of Mr Manyi.
The following consequence management due to smuggling of contraband or corruption were reported:
3x Precautionary Suspensions
2x alternative placement due to precautionary suspension
2x correctional officials dismissed
1x resignation before disciplinary case was finalized
2x alternative to dismissal sanction of (3) months suspension without salary.
3.1.6 The following challenges and proposed recommendations/interventions were identified:
Reduction of overcrowding efforts such as Case flow meetings, referrals to courts, bail applications and limited visits by Magistrates to Correctional Centres, has a low success rate. To address this, matters elevated to Provincial Efficiency and Enhancement Committee (PEEC) by the Acting Regional Commissioner and the Acting Judge President has directed all Judges and Magistrates to visit Correctional Centres on a quarterly basis.
The current profile of the Cape Metro, especially gang bosses and gang members, places a high security risk on both officials and offenders at the Centre as well as Community Corrections. To address this challenge, there has been engagement and co-operation with Anti-Gang Unit (AGU) to assist in the management of high-profile cases.
No security perimeter fence surrounding the premises which leads to high volumes of smuggling networks and intruders. This matter has been elevated to the Departmental Facility Branch for intervention.
DPWI failed to implement a maintenance contract for security system. In addressing this challenge, DCS implemented a contract to revive the system. The majority of CCTV cameras were brought back to life. In addition, work is in progress to restore the pneumatic doors and recording system in inner-control room.
Limited bandwidth impacting on the voice over internet protocol and affecting telephone communication. To addressing this, Goodwood has since been prioritised for bandwidth upgrade.
COMMITTEE OBSERVATIONS
4.1 The Committee is seriously concerned about the lack of parameter fence around Goodwood Correctional Centre. The Committee noted that this was a security risk as members of the community are able to throw contrabands into the facility. The Committee requests that the management of the Center should engage with the municipality to seek clarity on the boundary around the Centre and municipal land and to assist in addressing the issue of parameter fencing.
4.2 The Committee has welcomed the availability of the Circuit Court inside the facility as it will assist with reducing costs and security incidents. The Committee urges the Department of Correctional Services to engage with the Department of Justice and Constitutional Development to ensure that this initiative is expanded to other Correctional Centres around the country.
4.3 The Committee has also commended the management and officials of Goodwood Correctional Centre for ensuring that the Centre is kept clean especially the kitchen. In addition, the Committee was also impressed with the number of other initiatives such K-9 Unit, Art Centre and work being done by offenders.
4.4 The management of the Centre is requested to use prison labour to clean the Eskom reserve and to close the wall leading to the houses of officials.
4.5 The Committee was concerned about the number of vacancies in the Centre and noted that this might contribute to the number of security breaches. The Executive Authority is requested to engage with the Executive Authority of DPSA to ensure that positions that are vacant are filled as a matter of urgency.
4.6 The Committee noted with concern the number of Mental Health Care Users (85) as well as those awaiting Psychiatric Observation in a Mental Health Institution (15) being incarcerated in a Correctional Centre. The Committee believes that these categories of inmates are not supposed to be incarcerated in Correctional Facilities because they pose risk to themselves and other inmates.
4.7 The Management of Goodwood is requested to look at alternatives such as bank-beds to address overcrowding in communal cells.
4.8 The Committee commended the relationship the Regional Commissioner has with the Provincial Commissioner of Police in dealing with absconders. The Committee urges the Department to ensure that this is expanded to other Regions.
4.9 The Committee has raised concerns with the availability of contrabands in the Correctional Centre especially cellphones because they are used to commit crimes in the community. The management of the facility is requested to engage with ICASA to look at possibilities of blocking cellphone networks especially inside the cells. In addition, the management is requested to ensure that there are measures in place to minimize contrabands getting into the facility.
ISSUES FOR FOLLOW-UP
5.1 The management of Goodwood Correctional Centre should provide the Committee with the following:
Report on Security Risk Assessment- due 14 days after adoption of this report
Report on NCCS submissions- due 14 days after adoption of this report
Report on investigations on officials- due 14 days after adoption of this report
Report on when the Unit Manager resigned- due 14 days after adoption of this report
Report on mitigation measures to address the issue of parameter fence- due November 2024.
Report to be considered.