SAPS on the Proclamation in terms of Section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities Act: briefing; The Magistrates Commission on the provisional suspension of Mr D Jacobs in terms of Section 13(3)(c) of t
Meeting Summary
The South African Police Service briefed the Committee on the Protection of Constitutional Democracy Against Terrorist and Related Activities Act 2004 (Act No. 33 of 2004) which enacted into law all conventions, protocols and obligations pertaining to terrorist activities in the context of the United Nations Security Council’s Chapter 7 Provisions on threats to peace and acts of aggression and the maintenance of international peace and security. He drew attention to the Security Council’s Resolution 1267 of 1999 of the Security Council whereby entities identified as engaged in terrorism and related activities were to be listed and on the obligation of the South African President to list such persons and entities by Proclamation in Parliament in terms of Section 25 of the Act. He reiterated that member states were obligated to carry out the decisions of the Security Council and noted that South Africa had ratified all counter-terrorism conventions.
Members asked if there was any threat of terrorism against South Africa and wanted to know why the Committee was being briefed, noted that South Africa's borders were porous and commented on the interconnectedness of the African continent, expressed concern around security during the World Cup and the possibility of terrorist infiltration, asked whether the intelligence agencies could give any surety on the country’s security, noted that there were many foreign nationals in the country, feared that al-Qa’eda was, most likely, in the townships already, expressed concern about the confidentiality and privileged nature of the intelligence information distributed, and asked whether the information should be available to the public.
The Magistrates Commission briefed the Committee on the provisional suspension, in terms of Section 13(3)(c) of the Magistrates Act 1993 (Act No 90 of 1993), of the Magistrate at Clocolan who had an alcohol dependency problem which had impeded his ability to perform his judicial functions effectively. This suspension was confirmed and the Committee requested that his superiors should appear to account for matters relating to the case.
The Minister of Correctional Services apologised for not being available sooner but reassured the Committee of her readiness for future meetings. She stated that the Department's Strategic Plan 2010/11-2014/15 reflected the need to align the Department with the outcomes-based approach of Government and included an incremental approach to the implementation of the White Paper on Correctional Services approved by Cabinet in 2005. The core mandate of the Department remained the rehabilitation and reintegration of offenders in a secure and safe environment in order to enhance public safety. The Department had taken serious cognition of the need to move its emphasis and allocation of resources towards rehabilitation programmes and to create a balance between its stand on security and that of rehabilitation. The need to increase the number of offenders participating in rehabilitation programmes would necessitate the reprioritisation of the budget and also accommodate the second phase of the Occupation Specific Dispensation. She noted that Correctional Services was a people-intensive service. Overcrowding remained a problem in correctional facilities. Recognition had to be given to the different categories of inmates, especially those appearing before parole committees for reclassification. An independent audit was being conducted to determine who should be released and who qualified for correctional supervision. Awaiting-trial prisoners represented 30% of the total inmate population and this exacerbated overcrowding and created capacity problems, as detainees had to be escorted to court by staff. The Department aimed at increasing capacity at the new facilities planned and to rationalise staff from small centres with low numbers to larger facilities. The Department was also investigating the utilisation of the offender labour force to assist with local development projects within the community in which facilities were located. She had made a policy decision that youths of school going age should have compulsory schooling in correctional facilities in order for them to have an education and acquire skills so that they could be functional in society on their release. She said that prisoners engaged in work would be seen as expressing remorse and their willingness to be rehabilitated. This was to be encouraged. She urged the new management to stabilise current operations and address the problems in the Department with leadership and determination.
Meeting report
South African Police Service (SAPS) on the Proclamations in terms of Section 25 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act 2004 (Act No.33 of 2004)
Major-General Philip Jacobs, Acting Divisional Commissioner, Legal Services, South African Police Service (SAPS), sketched the historical background to the Security Council’s Chapter 7 Provisions. He stated that increasingly stringent sanctions were a reaction to the bombings of the United States of America’s embassies in Kenya and Tanzania and to activities of the Taliban and al-Qa’eda and entities associated with these organisations. The 1267 Committee, originating from Resolution 1267 of 1999, was specifically responsible for keeping up-to-date a list of four categories of listed entities, namely the Taliban, entities associated with the Taliban, al-Qa’eda, and entities associated with al-Qa’eda. Member states were obligated to freeze the funds and property of listed entities, to enforce an arms embargo against them and to prohibit travel by members of these entities.
The 1267 Committee also received applications from member states to list persons suspected in the financing, training, facilitation, support and supplying of arms for acts of terrorism and related activities. Names were placed on this consolidated list by consensus of the Security Council members and such notification was published and made available on the internet. As head of a member state the President of South Africa must, by Proclamation in the Government Gazette, give notice of listed entities and persons. There had been criticism of the list given the consequences of being a prohibited person and the complicated delisting process. An ombudsman had been appointed and there was a review by the United Nations which would be complete by June 2010.
In preventing the financing of acts of terrorism, South Africa was committed to the strict control of money laundering and the freezing of funds and assets of listed persons. South African banks and financial institutions were fully aware of the consolidated list and there was constant interaction with the South African Financial Intelligence Centre. South Africa was also a member of the Financial Action Task Force, an international body. South Africa's high level of compliance had been praised by recent United Nations delegations to the country.
Discussion
Mr D Bloem (Free State, COPE) asked if there was any threat of terrorism against South and wanted to know why the Committee was being briefed.
Mr M Mokgobi (Limpopo, ANC) noted that South Africa's borders were porous and commented on the interconnectedness of the African continent. He expressed concern around security during the World Cup and the possibility of terrorist infiltration and asked whether the intelligence agencies could give any surety on the country’s security.
Mr B Nesi (Eastern Cape, ANC) shared the concerns of members about security during the FIFA World Cup, noted that there were many foreign nationals in the country and feared that al- Qa’eda was, most likely, in the townships already.
Major-General Jacobs responded that these briefings to Parliament were necessary to comply with international obligations and South Africa’s own legislation. He felt that he was not the person to address the questions about our national security especially during the World Cup but that it was the prerogative of the National Commissioner of Police. He noted that the National Commissioner had addressed Parliament and Cabinet on these matters and had made public statements on safety during the World Cup.
Mr Nesi expressed concern about the confidentiality and privileged nature of the intelligence information distributed and asked whether the information should be available to the public.
Major-General Jacobs stated that there were different lists: some were open and some closed and most countries had their own lists as a precautionary measure. He stated that no South African public list existed and the documents distributed were accessible to all. He concluded by stating that it was important that South Africa was part of the global community in fighting terrorism.
The Magistrates Commission on the provisional suspension of Mr D Jacobs, a Magistrate at Clocolan, in terms of section 13(3)(c)of the Magistrates Act, 1993 (Act No.90 of 1993): briefing
Mr A Louw, Magistrates Commission, briefed the Committee on the conduct of Mr D Jacobs, the sole magistrate of Clocolan, requesting his provisional suspension on full pay. An investigation had established that Mr Jacobs suffered from severe alcohol dependency resulting in his not attending to office hours, absenting himself from office without leave or valid cause and being intoxicated on the bench, to such an extent that he was unable to perform his judicial functions effectively and efficiently. Mr Jacobs had been sent to rehabilitation centres twice. Neighbouring magistrates had to assist with his workload and arrangements had been made to accommodate him elsewhere with no success. He had been suspended on 30 March 2010 on misconduct charges.
The Chairperson asked whether arrangements were being made for his replacement and whether, under the influence of alcohol, he had convicted people.
Mr Louw replied that the Chief Magistrate was responsible for initiating the process of a replacement. He did not have direct evidence that Mr Jacobs had, while drunk, convicted people, but if there were, those cases would be placed on special review.
Members were perturbed by the report and wanted to know how long this had been going on and wondered how many people had been sentenced while the magistrate was intoxicated. Many of our people were illiterate and would plead guilty due to ignorance of the law. The possibility of persons and their families suffering due to wrongful convictions was a serious matter. They felt that the problem had been tolerated too long, that Mr Jacobs had been protected by his superiors, and that the matter required further investigation.
The Committee moved to confirm Mr Jacobs' suspension and secondly that his superiors should appear before the Committee to account for not acting decisively in the matter.
Statement by the Minister of Correctional Services
The Hon. Ms Nosiviwe Noluthando Mapisa-Nqakula, the Minister of Correctional Services, thanked the Committee for the opportunity to brief Members and apologised for not being available sooner but reassured the Committee that she would accommodate whatever meetings the Committee required in the future.
The Minister stated that the Department's Strategic Plan 2010/11-2014/15 was a product of intensive and ongoing review. It reflected the need to align the Department with the outcomes-based approach of Government and included an incremental approach to the implementation of the White Paper on Correctional Services approved by Cabinet in 2005. The core mandate of the Department remained the rehabilitation and reintegration of offenders in a secure and safe environment in order to enhance public safety.
The Department had taken serious cognition of the need to move its emphasis and allocation of resources towards rehabilitation programmes and to create a balance between its stand on security and that of rehabilitation.
The need to increase the number of offenders participating in rehabilitation programmes would necessitate the reprioritisation of the budget and also accommodate the second phase of the Occupation Specific Dispensation (OSD). She noted that Correctional Services was a people-intensive service but she was determined to reduce the proportion of the budget allocated to the compensation of employees from 69 to 63 percent. The Department would also redeploy personnel from support to other branches and allocate more resources to case management.
Overcrowding remained a problem in correctional facilities. Recognition had to be given to the different categories of inmates, especially those appearing before parole committees for reclassification. An independent audit was being conducted to determine who should be released and who qualified for correctional supervision. Awaiting-trial prisoners represented 30% of the total inmate population and this exacerbated overcrowding and created capacity problems, as detainees had to be escorted to court by staff. The Department aimed at increasing capacity at the new facilities planned and to rationalise staff from small centres with low numbers to larger facilities.
The Minister stated that the Department had begun 2010/11 with a budget deficit due to a shortfall in the implementation of the first phase of the OSD and that the current budget did not cover its mandate and commitments. She emphasised that the Department would not budget for a deficit and that the budget committee was currently meeting to identify savings and reprioritise expenditure to meet commitments. The Department was also meeting with the National Treasury to resolve problems with the baseline of the Department and on allocations to cover essential expenditure and contractual obligations.
The Department was also investigating the utilisation of the offender labour force to assist with local development projects within the community in which facilities were located. A comprehensive strategy was needed on staff efficiency and the possibilities of putting offenders to work in the cleaning of correctional facilities, in the laundry, in agriculture, and in other activities. There would be a cost benefit analysis to identify opportunities for directing more funding to rehabilitation programmes.
The Minister noted that the term of office of the parole boards expired shortly and that new boards based on a fixed term of five years for all members would be established. The Department would also be bringing a new Bill to Parliament in part to amend the guidelines on medical parole. She welcomed that children would no longer be incarcerated in correctional facilities but held in places of safety. However youths and juveniles incarcerated because they had been found guilty of serious crimes still represented the majority of the prison population. She had made a policy decision that youths of school going age should have compulsory schooling in correctional facilities in order for them to have an education and acquire skills so that they could be functional in society on their release.
She urged the new management to stabilise current operations and address the problems in the Department with leadership and determination and called on the National Commissioner to present the Department’s strategic plan.
Briefing by the Department of Correctional Services on its Strategic Plan and Budget Vote 20
Mr Thomas Swahibi Moyane, National Commissioner for Correctional Services, gave a brief overview of the Strategic Plan indicating that it had been developed against a backdrop of financial constraints. The Plan reflected 11 priority areas that must be delivered on in the Medium Term Expenditure Framework (MTEF). He noted that they were aligned to the Minister’s Performance Contract and that the priorities were alluded to in the Minister’s briefing. These included Remand Detention Management, Offender Population Management, Utilisation of Offender Labour, Enhanced Parole System, Service Provision for Youth and Child Offenders, Improvement of Governance and Offender Rehabilitation Path Implementation.
Discussion.
Mr Bloem asked whether the compulsory education was restricted to youth offenders. What about the other offenders? He also wanted to know how far the matter of the suspension of the former National Commissioner had progressed and the impacted on the budget. He was concerned about the nutritional programme and the instance where there was a contract for nutrition of three years. He also wanted to know what was happening at the training facilities at Zonderwater and Kroonstad.
Mr Nesi said that at their previous meeting, the Minister had stated that there was a moratorium on employment. Mr Nesi asked what had happened since. He also asked how far Stage 2 of the OSD had progressed and how the Department was dealing with corruption. He was also concerned about offenders being released before they had served their full sentences. On the issue of gender, he was concerned that the majority of the personnel were male and that the Department failed to appoint persons with disabilities. The problem of overcrowding and awaiting trial prisoners was also a concern.
Mr J Gunda (Northern Cape, ID) had queries about 12 hour shifts worked by warders and the fact that they worked 45 hours a week. He was concerned that four men on a shift were responsible for 900 prisoners and also about the low compensation warders received. He noted and that there was nothing in the Strategic Plan for Danger Allowance and was also concerned about the poor condition at correctional facilities.
The chairperson asked if there would be incentives for offenders used as labour.
Mr Mokgobi asked about the Department’s plan for the possible detention of foreign nationals during the World Cup, especially in terms of their safety.
In response the Minister said that she could answer only some of the questions. In respect of the education of young offenders she stated that she was currently dealing with the release of offenders, none of them over 50 years of age, who had been sentenced in the late eighties and who were ill-equipped to be reintegrated into society as they had received no skills training while in prison and she did not want that repeated.
In terms of the nutritional contracts she was aware of the problems and there was an investigation on whether it should be outsourced but she felt that prisoners could prepare their own food.
On the moratorium she said there was a process to identify critical vacancies and have them filled.
In terms of utilising prison labour she said that there were issues about the notion of cheap labour but that policy should be formulated in negotiation with stakeholders. Work was already being done on a small scale in the Western Cape and Gauteng. Prisoners engaged in work would be seen as expressing remorse and their willingness to be rehabilitated. This was to be encouraged.
In the Kroonstad case, she noted that it was a difficult matter. She could not compromise herself and would act according to the law with the guidance of her legal advisor and the Presidency.
She had spoken to management on the preparations for the World Cup and she had stipulated that everything should be done by the book. To ensure their safety, foreign nationals were to be detained separately to prevent any cases of litigation.
There was a strategy against corruption in the Department and she felt that it was winning the war against fraud and corruption. There was a 96% conviction rate and there was a commitment by the Department to root out corruption.
The suspension of the former National Commissioner had been finalised and her contract had been terminated in February 2010. The Mpumalanga Commissioner had been suspended for a long time and he was facing disciplinary action; he had indicated his desire to leave the Department.
Overcrowding was being addressed and the bail protocol was being implemented and where feasible custodial sentences could be converted to other sentences. The possibility of prisoner transfer in the Southern African Development Community (SADC) region should be considered as there were high numbers of Zimbabweans and Mozambican inmates and it would alleviate overcrowding. However she noted that South Africa had a policy of no prisoner exchange. The Minister said that it was a major concern that the majority of correctional facilities inmates were juveniles. This meant that something had gone wrong and it was a societal responsibility to motivate our communities and not let children be involved in acts of crime.
The Committee adopted a report from the Magistrates Commission on the suspensions of magistrates and noted that, when the Committee had received a briefing from the Commission previously, the Committee had approved the suspensions.
The meeting was adjourned
Audio
Documents
- Provincial Suspension from office of a Magistrate: Mr D Jacobs, Magistrate At Clocolan
- Consideration by Parliament of Proclamations in Terms of Section 26 of the Protection of Constitutional Democracy
- DCS Strategic Plan (2010/11-2014/15)
- Notification by President in Respect of Entities I dentified by the United National Security Council
- DCS 2010/11 ENE Budget Allocations
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