The Institute for Security Studies supports the Department of Correctional Services (DCS) move away from ‘warehousing’ to rehabilitation. The Institute is also encouraged by the fact that, DCS has moved away from conceptualisation towards realising this goal through attainable deliverables. However, as the Department is well aware there are a number of challenges in attaining this goal. In this submission we would like to highlight some of these challenges and make suggestions: These relate to:

• Budget
• Integrated Justice System
• Awaiting trial prisoners
• Building more prisons
• Recruitment and training
• Corruption

Over the three years since the concept of rehabilitation was introduced, we have noted with interest that the budgetary allocations do not necessarily match Departmental goals on rehabilitation. For example more money is allocated to incarceration and facilities management than is allocated for rehabilitation. It is our view that this will make achievement of such goals impossible.

ISS understands the need for revamping of buildings that are old and crumbling but DCS needs to begin channelling more money for rehabilitation. In order for rehabilitation to succeed, staff needs to be retrained and perhaps new personnel recruited and additional resources need to be allocated.

The white paper makes reference to the IJS. The IJS is indeed an indispensable tool. It makes provisions for a criminal justice system where departments can communicate with each other on, for example, the "Awaiting trial prisoners project". The ATP project is aimed at speeding up the process from when the offender is arrested to adjudication. This is intended to reduce the number of ATPs. But despite this new invention, DCS continues to experience overcrowding.

While we praise the new technology evolved for fighting crime, it is our firm belief that until such time that the three key departments viz Safety and Security, Justice and Constitutional Development and Corrections have harmonised performance indicators, the problem of overcrowding is unlikely be significantly reduced or solved. Currently ‘successful’ police activity in terms of reducing crime by increasing number of arrests, increases the workload of the Justice department with DCS often carrying the final burden (overcrowding).

What we propose is that the issue of performance indicators as they are now and their impact on DCS are discussed at JCPS levels. The discussions should be aimed at aligning performance indicators of the three departments. In addition, police, prosecutors and magistrates must be encouraged to utilise other methods beyond arrests and prosecutions such as increase of diversion for certain category of crimes, warnings and community service. Many of these are already available and officials should be granted incentives for other work done other than arresting or securing a conviction.

A decrease in the prisoner population will have a number of benefits for DCS, which include:

• An opportunity to realise rehabilitation
• Less need to put up extra and expensive prisons
• Greater opportunity to realise the human rights of prisoners (human and safe detention)
• More motivated and less stressed personnel committed to achieving DCS goals

Despite what international instruments and the South African constitution say on ATPs, the situation of this category of offenders is in direct violation of both the international and the domestic law on rights of arrested and detained persons. What is also unique about the South African situation is that many of them experience de facto prison sentences due to the lengthy awaiting trial period. It would not be surprising if many of them return to prison as a result of their prisonization inside prison and stigmatisation outside prison. The return might be exacerbated by the fact that they have no programmes inside (rehabilitation programmes) and outside prison (after care). ISS welcomes DCS’s proposal for programmes for ATPs. We however feel that given the current correctional official and prisoner ratio (1:5) the envisaged rehabilitation is a little ambitious and not easily achievable. This is particularly so if we take into account the fact that not all of the 33 000 employees are correctional officials, that there is a shift system, and that at times people will be on leave or absent.

In addition, the issue of whether ATPs should be brought under DCS should be retabled. Although a thorny issue, such an issue cannot be avoided as it will perpetually hold many attempts of improving DCS at a stalemate. The same debate goes for whether DCS should be responsible for holding and processing undocumented migrants. The question is well is how will these type of residents be accommodated in ‘rehabilitation’ centres.

Overcrowding in South African prisons occurs as a result of various factors

1. The recent promulgation of the minimum sentencing legislation
2. Hiking of the sentence jurisdiction of the district and regional courts
3. Increase in the number of awaiting trial prisoners
4. 1998 Amendment to the bail legislation
5. Mass arrests made during police operations such as Crackdown operations
6. Backlogs in the justice system

The current overcrowding situation is such that DCS will be forced to increase accommodation, while at the same time working on other solutions to the problem. ISS believes that since prisons are expensive to build, DCS will have to undertake in-depth feasibility studies before embarking on any new building of prisons. Recently built prisons have raised controversies and came under attack from among others Human Rights organisations.

But most importantly we believe that the Department needs to highlight the effects of the above factors on overcrowding to the Cluster group. NGOs also need to revisit the first four issues and lobby for legislation that is less knee-jerk reaction and will help South Africa fight crime sensibly.

A move towards prisons being rehabilitation centres will require a new curriculum to prepare current and future correctional officials to become rehabilitators as spelt out in the white paper. This is going to be challenging for the department as many current staff see their role as watching over prisoners and ensuring that no escapes occur. For the department to be able to design a suitable curriculum, it is important that it carries out research to look into what is it that officers presently do. This type of research is referred to as Time-Use Study. Time use studies have long been used by social scientists to get a better sense of the content of the daily lives of subject populations. These studies have helped produce a profile of an ‘average day’ in the life of the subjects.

Combating corruption, while important, should not be DCS’s priority as this would effectively mean that the institution would be unable to deliver much else while fighting corruption. An effective system requires sound management practices that embrace good values and principles. A system where employees know what their job descriptions are and are committed to delivering good service. It is not a system that constantly reacts to crises. Appointment of suitable people to positions where they can perform optimally is the starting point. Recruitment policies need to be refined, transparent and adhered to. The appointment of the SIU was very apt. This means that the department is using a double-edged sword in its fight against corruption. In its draft white paper, the department has rightly identified corruption as one of the gliches in its attempt to achieve rehabilitation and reduce repeat offending.

The ISS believes that for the department to ensure a corruption free environment, it will have to increase the strength of its anti-corruption directorate. While the Jali commission has done a splendid job and the SIU appointed, the directorate is best positioned to deal with corruption issues on ongoing basis as it placed within the Department. However, it has to be strengthned in terms of finance, personnel, resources and mandate.