Inspecting Judge, Overcrowding and Anti-Corruption Unit: briefing

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
13 May 1998
INSPECTING JUDGE, OVERCROWDING AND ANTI-CORRUPTION UNIT: BRIEFING

Documents handed out:
Portfolio Committee briefing on overcrowding in prisons
Briefing on the Anti Corruption Unit

It was reported that an independent inspecting judge should be elected. This person's duties would include investigating complaints, visit prisons, interview prisoners, conduct hearings, etc. The judge could elect a committee or judicial inspector.

Regarding the Anti Corruption Unit, it was reported that the unit would have to dispose of dishonest officials and prevent prisoners from getting involved in corruption. This unit would also have to account before the Minister or the portfolio committee.

To alleviate overcrowding, alternative sentencing should be considered, for example, perpetrators with minor offences should be sentenced to do community service. Also, those who do pose a threat to the community should not be kept in prisons. The judicial systems should be more sensitive to minor offences.

It was added that the police should investigate cases thoroughly before coming to trial as it would avoid prisoners from being remanded in custody. It would also avoid the long wait, awaiting-trial prisoners have to endure before their cases are brought before the court.

This is an incomplete record of the committee meeting's proceedings.

Appendix 1:
PORTFOLIO COMMITTEE BRIEFING ON OVERCROWDING IN PRISONS

PURPOSE OF THE BRIEFING
TO PROVIDE THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES WITH A BRIEF OVERVIEW REGARDING THE CURRENT STATUS ON OVERCROWDING IN PRISONS AND THE DEPARTMENT OF CORRECTIONAL SERVICES ENDEVOURS TO ALLEVIATE THE PROBLEM OF OVERCROWDING

BACKGROUND
PRISON POPULATION GROWTH OVER THE PAST FIVE YEARS

· 1993
- APPROVED ACCOMMODATION : 87815
- ACTUALOCCUPANCY : 114146
- OCCUPANCY LEVEL % : 129.98%
· 1994
- APPROVED ACCOMMODATION : 95695
- ACTUALOCCUPANCY : 113856
- OCCUPANCY LEVEL % : 118.98%
· 1995
- APPROVED ACCOMMODATION : 94381
- ACTUALOCCUPANCY : 112572
- OCCUPANCY LEVEL % : 119.27%
· 1996
- APPROVED ACCOMMODATION : 96329
- ACTUALOCCUPANCY : 125750
- OCCUPANCY LEVEL % 130.54%
· 1997
- APPROVED ACCOMMODATION : 99407
- ACTUALOCCUPANCY : 142410
- OCCUPANCY LEVEL% : 143.26%

· POSITION AS ON 31 MARCH 1998
- APPROVED ACCOMMODATION : 99407
- ACTUAL ACCOPANCY : 146435
- OCCUPANCY LEVEL % : 147.31%

OTHER IMPORTANT FACTORS
· CURRENT BUDGET
: R 587 067 million
· TOTAL POPULATION FOR CURRENT
BUDGET : 156000 prisoners
· POPULATION PROJECTION END 98/99
: 165 125
· CURRENT NUMBER OF PRISONS
COUNTRYWIDE: 229 Prisons

EFFECTS OF OVERCROWDING
· PRISONERS
- TENSION, HOSTILITY AND AGGRESSION
- MAY EXACERBATE PERSONAL PROBLEMS
- NOT COMPATIBLE WITH THE RIGHT TO BE INCARCERATED UNDER CONDITIONS CONSISTENT WITH HUMAN DIGNITY AND ADEQUATE ACCOMMODATION
- NOT CONDUCIVE TO IMPLEMENTATION OF DEVELOPMENT AND REHABILITATIVE PROGRAMMES

· SAFE CUSTODY
- RESTRICT EFFECTWE SUPERVISION AND CONTROL OVER PRISONERS
- ENDANGERS SAFE CUSTODY

· CORRECTIONAL OFFICIALS
- CANNOT EXERCISE EFFECTIVE SUPERVISION AND CONTROL
- AFFECTS STAFF MORALE AND EFFICIENCY NEGATIVELY

DEPARTMENTAL INlTIATIVES TO ALLEVIATE OVERCROWDING
· D C S NORMAL BUILDING PROGRAMME
· ASSET PROCUREMENT AND OPERATING PARTNERSHIP SYSTEM (APOPS)
· PRIVATELY OPERATED PRISON SYSTEM (POPS)
· COMMUNITY CORRECTIONS

PLANNED PROJECTS: DCS BUlLDING PROGRAMME
· NEWPRISONS
- BAVIAANSPOORT YOUTH CENTRE: 640 prisoners
- EMPANGENI PRISON: 1 392 prisoners
- KOKSTAD SUPER MAXIMUM: 1 440 prisoners
TOTAL ACCOMMODATION GAIN: 3 472 prisoners

· EXTENTIONS/ CONVERSIONS
- PIETERMARITZBURG: 404
prisoners
- CHRISTIANA: 50
prisoners
- LOUIS TRICHARDT: 55
prisoners
- CALEDON: 114
prisoners
- BUFFELJAGS: 100
prisoners
- OBIQUA: 13
prisoners
- LEEUWKOP: 380
prisoners
TOTAL ACCOMMODATION GAIN: 1
116 prisoners

APOP
- LOUIS TRICHARDT MAXIMUM PRISON: 1 500 prisoners
- GROOTVLEI MAXIMUM PRISON: 1 500 prisoners
- BOKSBURG AWAITING TRIAL PRISON: 1 500 prisoners
- BARBERTON YOUTH CENTRE: 800 prisoners
TOTAL ACCOMMODATION GAIN: 5 300 prisoners

POPS
- JOHANNESBURG CITY CENTRE: 2500 prisoners
- PRETORIA CITY CENTRE: 1 200 prisoners
- GREATER JHB METROPOLITAN AREA: 800 female prisoners
TOTAL ACCOMMODATION GAIN: 4500 prisoners

ACCOMMODATION GAIN BY 2001: 14388 prisoners

COMMUNITY CORRECTIONS
- ASSIST IN ALLEVIATING OVERCROWDING
- ACCOMMODATES OFFENDERS NOT A THREAT TO THE COMMUNITY
- COST EFFECTIVE SENTENCING OPTION
- ELECTRONIC MONITORING ENHANCE EFFICIENCY OF THE SYSTEM
- GO AHEAD ON ELECTRONIC MONITORING DEPEDENT ON CABINET APPROVAL

MAJOR THREATS
- UNAVAILABILITY OF FUNDS
- INCREASING CRIME
- OLD PRISON STRUCTURES
- LONG PERIODS AWAITING TRIAL PRISONERS STAY BEFORE SENTENCING
- INADEQUATE DIVERSION PROGRAMMES FOR PETTY OFFENDERS

CONCLUSION
THE DEPARTMENT OF CORRECTIONAL SERVICES WOULD APPRECIATE THE SUPPORT FROM THE PORTFOLIO COMMITTEE IN ALL ITS ENDEAVOURS TO DEAL WITH THE PROBLEM OF OVERCROWDING

Appendix 2:
PURPOSE
To inform the Portfolio Committee on the functioning of the Anti-Corruption Unit (ACU).

Reasons for the Existence of the ACU
Cabinet Committee on Security Matters decided on 23 November 1995 that the South African Police Service, Department of Justice and the Department of Correctional Services have to co-operate within the framework of the Crime Prevention Strategy to combat corruption.

On 8 March 1998 the Commissioner of Correctional Services decided that an ACU in own right must be established within the structure of the Directorate Service Evaluation.

On 4 July 1996 the Commissioner approved the establishment of an ACU.

STRUCTURE OF DIRECTORATE SERVICE EVALUATION
[Ed. note: diagram not included]

STRUCTURE OF THE ACU
[Ed. note: diagram not included]

PURPOSE OF THE ACU
The unveiling, investigation, monitoring and eradication of any corruption in accordance with Governmental and Departmental policy.

ESTABLISHMENT OF THE ACU
Although the decision was taken in 1996 the ACU only became fully staffed and operational on 1 October 1997.

FUNCTIONS
The development and implementation of Anti-Corruption Strategies. Providing of guidelines to provinces regarding the combating of corruption. Establish priorities in terms of investigations.
Liaise with the South African Police Service, Department of Justice and other government Departments regarding the combating of corruption.
Manage and co-ordinate all corruption related investigations.
Keep management informed and make recommendations regarding corruption matters
Establish an effective informant handling system (prisoners, members and the public).
Implement informative measures in order to keep all members informed regarding corruption matters.

ANTI-CORRUPTION UNIT'S LINE OF RESPONSIBILITY
Directly to the Commissioner and in no way to any other member of the Executive Council

GATHERING OF INFORMATION ON CORRUPTION
Via telephone (Hotline) reported by members, prisoners and the public. ((012)3072275)
Via fax ((012)3260059)
Verbally during visits to Management Areas and Prisons.
Information on alleged existence of corruption as published by the media.
Information supplied by other Government Department

MARKETING OF THE ACU
Briefings to the Management Board.
Articles published in the Nexus and the printed media
Anti-Corruption messages placed on salary advices of members.
Briefings at Basic Training Courses.
Information on existence and functioning of the ACU supplied to prisoners during admission.
Distribution of pamphlets and posters to all Management Areas and Prisons.
Briefings of Area Managers and Heads of Prison.

PROBLEMS EXPERIENCED
Not sure that all corruption related matters are being reported to the ACU.
People withhold information.
Personnel as well as prisoners are afraid of being victimized. People are reluctant to give evidence at disciplinary hearings and court cases and therefore prefer to stay anonymous.
Some cases take time to investigate as it requires monitoring and surveillance.
Disciplinary steps are not always taken timeously. Managers are in some instances reluctant to act against transgressors.

NATURE OF INFORMATION RECEIVED BY THE ACU
Not all the information is corruption related.
Most of it is general complaints by prisoners, members or the public, e.g.
Prisoners: privileges, transfers, treatment, food, etc.
Members: salary problems, housing problems and recruitment
Members of the public complain about: privileges of prisoners, transfers of prisoners, general conditions in prison and alleged unprofessional actions by personnel.

EXAMPLES OF CORRUPTION RELATED INFORMATION RECEIVED BY THE ACU
Misuse/ theft of Government property
Misuse of Medical Fund
Borrowing of money from prisoners
Possession/ smuggling of contraband
Assisting prisoners to escape
Theft of prisoners' cash, bail money, recreational funds
Misuse of Government transport
Preferential treatment of some prisoners
Unauthorized interference in sentences of prisoners
Misuse of authority/ powers
Bribing of members
Unauthorized taking out of prisoners for various purposes
Handing in of false educational certificates.

EXTENT OF ACTIVITIES OF THE ACU
OFFENCE DEPARTMENTAL ACTION
Borrowing of money
from prisoners: 13
Misuses of Government
Property/ transport : 1
Possession/ smuggling
contraband: 5
Misuse of medical fund
Aiding prisoners to escape:3
Theft: 5
Handing in false
educational certificates: 1

OFFENCE CRIMINAL ACTION
Misuses of Government
Property/ transport : 1
Aiding prisoners to escape:3
Theft: 2

OFFENCE UNDER INVESTIGATION
Borrowing of money
from prisoners: 4
Misuses of Government
Property/ transport : 9
Possession/ smuggling
contraband: 2
Misuse of medical fund: 15
Aiding prisoners to escape:1
Theft: 20
Unauthorized interference: 1
with sentences:
Bribery: 5
Unauthorized taking out of
prisoners: 8
Handing in false
educational certificates: 2

THE WAY FORWARD
Each and every corruption related case will be thoroughly investigated Disciplinary and/or criminal actions will be taken against perpetrators.
Embarking on an extensive marketing/awareness campaign of the ACU.