Green Paper Process: review of white paper

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
29 October 2002
 

Documents handed out:
Green Paper Process - briefing by Department

Chairperson: Mr J Mashimbye

Correctional Services team headed by Ms Jenny Schreiner, Chief Deputy Commissioner (Functional Services)

SUMMARY
The Department of Correctional Services (DCS) briefly presented the Green Paper Process. This Paper was necessary as the previous White Paper which was finalised in early 1994 did not reflect the aspirations of the new government. To this extent several polices required re-visiting especially those pertaining to rehabilitation.

MINUTES
The Chairperson by way of introduction emphasised that the White Paper is in essence the policy of the DCS. The Green Paper that would be presented by the DCS would occupy a lot of the Committee's time next year.

Ms J Schreiner (DCS) commenced by highlighting the inadequacies of the current White Paper. The Mvelaphanda Strategic Plan endorses rehabilitation as a government priority. The Green Paper aims to address the inadequacies of the current White Paper especially as regards rehabilitation. The Task Team to achieve these aims was set up towards the end of 2001.

Focus of work in Green Paper in 2002
These included the conceptualisation of rehabilitation, business re-engineering for rehabilitation, the development of components of policy to feed into the Green Paper Process and identifying other areas that would require policy attention in order to focus on a needs-based rehabilitation.

Relevant Policy Components
These policy components were identified in the strategic plan last year. These were policies on rehabilitation, unit management, HIV, victim compensation, aged prisoners, gender, youth, community based rehabilitation centres, skills based remuneration for prison labour, partnership with community-based organisations, credit system for prisoners and probationers participating in rehabilitation programmes, public-private partnerships (PPP's) and financing models for Correctional Services infrastructure development.

Ms Schreiner added that the work taken place thus far would inform the direction the Department would be taking. She identified several additional policy issues: reviewing security classification (this would require a new approach to types of prisons); guidelines for integrated support system for probationers and parolees.

Composition of the Task Team
The Task Team identified for the Green Paper would be convened by the CDS Functional Services. The members of the team would include: Gxilishe, Sishuba, Mthabela, Tsetsana, Rubushe, Moodley, Louw and representatives of the Portfolio Committee meeting.

The Portfolio Committee Chairperson stated that the Committee's team should not be too large and that three or four persons would suffice. Tentatively the team would consist of Mr N Fihla (ANC), Mr van Deventer (NNP), Ms E Ngaleka (ANC), Ms S Seaton (IFP) and himself. However, a final list of Committee members would be confirmed at a later stage.

Preliminary Comments
Among the preliminary comments that have emerged is that there is a need for clarity and consistency in the use of terminology. The White Paper should also address the Correctional Services Act and other relevant legislation, the DCS and the social sector, the DCS and the international corrections community, NEPAD, AU, SADC, the DCS view of correction, resources from government monies and /or the donor community, crime and trend analysis and Batho Pele.

Discussion
Mr S Swart (ACDP), enquired from the DCS where would a restorative justice approach be included in the White Paper. Ms Schreiner responded that restorative justice has to be addressed in Integrated Justice System. This has been identified as an issue to be addressed. A conference on restorative justice was planned for the end of the month.

Ms E Ngaleka (ANC) referred to the 2002/2003 Budget Review and asked to what extent was the Department addressing the concerns there. Ms Schreiner responded that the budget review was a major challenge that the department was facing as confirmed by the Commissioner.

In addition, Ms Ngaleka enquired about the outsourcing of services and the issue of gender.

Ms Schreiner noted that outsourcing of services was conducted according to government outsourcing policies. On whether any special provisions existed for women, she stated that at present, the Green Paper is gender blind. This is an area that will be addressed in the future.

The Chairperson enquired as to which areas had already been tested, as mention was made that certain polices were tested. Ms Schreiner replied that while the process of testing polices is currently underway, it still required proper management and guidance. Other members from the DCS commented that there is a gap between policy implementation and policy development.

The Chairperson commented that he was under the impression that the current White Paper would have impacted or influenced the Green Paper.

Ms Schreiner stated that the DCS was in somewhat of an anomalous situation as the White Paper was developed and finalised in early 1994. It remained an inherited Paper from the previous regime as they were in the early stages of transition. To this extent the new government's visions could not be implemented. Therefore, the White Paper did not fully guide legislation. Consequently, since 2000, the Minister had announced that a White Paper process was necessary.

Finally, the Chairperson stated that he had heard that the Correctional Services Act had not been fully implemented as yet and enquired as to the reasons for this. Ms Schreiner stated that they were in the process of setting up structures that will enable the Act to become operational.

The Chairperson concluded the meeting by stating that he anticipates that by April/May 2003 a joint task team ought to set up for finalising arrangements on the Paper.