Correctional Services Bill [B65-98]: briefing

Meeting report

CORRECTIONAL SERVICES PORFOLIO COMMITTEE
27 July 1998
CORRECTIONAL SERVICES BILL [B65-98]: BRIEFING

Documents handed out:
Correctional Services Bill [B65-98] (access from http://www.polity.org.za/govdocs/bills/1998)

The briefing on the Bill was conducted by Mr Paxton of the Correctional Services Department who read through the Bill covering Chapters One to Sixteen.

Questions by committee members:
Chairperson: Why must the reading material of prisoners be monitored as stated in s18 of the Bill?
Answer: This measure is taken in order to prevent escapes. For example the prisoner may acquire reading material on how to manufacture or design explosives.

Question : What does the phrase "commission must where practicable……" apply to?
Answer: If it is possible or practical for the commissioner to provide whatever is being requested in terms of resources, then it may be provided. However, if it is not practical, then it obviously cannot be provided.

Question (posed in terms of s 43 (2) which stated that "a prisoner may be transferred to a prison closest to the place where he or she is to reside after release."): For example a person who resides in Transkei is arrested in Cape Town, wouldn’t this prisoner, based on this clause, be able to make demands on the government to be transferred? In fact, doesn’t this clause give prisoners leverage in terms of where they wish to be placed?
Answer: The Department of Correctional Services will have to look at the restructuring of the clause in terms of practicability.

Question (dealing with s100 (3) (a) and (b) which states: "Members of the parliamentary Portfolio Committee on Correctional Services may visit any prison at any time and ...... must be allowed access to any part of the prison and documentary record"): Do committee members have to gain specific authorisation from the Commissioner?
Answer: No.

Question (dealing with s104: Contracts for joint venture prisons): If these contractors are not government bodies, what about limitations?
Answer: The contractor enters into an agreement/contract with government and is thereby bound by that agreement. Therefore there will be accountability and limitations.

Question: Will there be new issues arising out of this Bill causing the government additional costs? Also, has the department studied whether they will have added costs and have they accounted for these costs in terms of budgets?
Answer: The department has tried to budget but it is difficult and in all honesty we have to admit that the budget is not 100%. The department is however working on funding.

Mr Paxton made the following additional comments: In terms of the final drafting of the Bill, there have been some structural changes. The definitions are no longer found at the back of the Bill but rather they have been moved to the beginning of the Bill. Also, the word "requirement" has been replaced by the word "condition". Lastly drugs have been included as an abusive substance.

The Chairperson instructed the committee members to go back to their respective political parties and discuss the Bill. This would enable the members to return at a later date fully prepared in order to discuss the Bill further.