The new White Paper is a clear testimony of the commitment of our government to the transformation of the corrections environment. Within the SADC countries, South Africa is taking the lead in several activities hence it is imperative that same should happen relating to the criminal justice system.

Kensani Corrections Management (KCM)commends all the role players that have initiated this historic move that is in line with our democracy. The company also welcomes the key issues of involvement of all stakeholders in charting the path as well as the focus on addressing offending behavior.

KCM would like to reiterate that the problem of dealing with crime in our country is not solely the responsibility of government departments but it lies with all citizens at different levels. It is therefore imperative to collectively address offending behavior of the offenders that are incarcerated or awaiting trial.

The intervention measures implied in this paper presents numerous direct and indirect opportunities, inter alia, foreign investment, realization of Black Economic Empowerment, and others. The paper states objectives that are to a greater extent long term.

The current reality is that crime is committed on a daily basis and incarceration as a sentence is imposed at similar frequency. In addition, the current infrastructure of correctional centers require immediate attention in order to make the conditions to be humane and conducive for implementing measures that address offending behavior effectively.

It is evident from the Technical Review Report of the Public Private Partnership of the Task Team dated 08 November 2002 that the two pilot prison private operations have made an impact in the corrections setting.

It is therefore critical that the involvement of foreign investors within the criminal justice field in partnership with Black Economic Empowerment companies as well as Non-Governmental Organizations(NGO), be involved in realizing the stated objectives in White Paper in order to fast track transformation intended.

The White paper serves as one of the educational tools of paradigm shift especially amongst staff. It is therefore vital that the contents flow and it provides the readers with meaning of concepts before dwelling into them. For example it is suggested that key concepts like rehabilitation, unit management be defined.

The use of concepts like inmates or offenders may be streamlined rather than using them interchangeably to avoid confusion and ensure consistency. Refer to introduction in Chapter 5. Generally, the sub-titles do not entirely relate to the ensuing contents. For example, the thrust of Chapter 3 is on collective involvement of society and the Department whereas the title implies focus on societal involvement only.

Relating to Chapter 4, the heading refers to the objectives of the correctional system, whereas the introduction deals with these aspects: responsibility of the Department and the purpose for name change.

The structure of the document may be reworked to enhance readability through insertions as well as deletion of repetitive statements and over-emphasis. The document may be condensed further through deleting repetitions as well as over-emphasis. Just to mention a few:

1. 3.1.1 :3^rd sentence refers to ‘families on the edge of survival’ as well as 3.1.2 2^nd to 3^rd sentence ( repetition).
2. 3.1.3 :last sentence, may delete dysfunctional before ‘communities’ (repetition)
3. 3.3.2 :4^th sentence refers to the Department as….."but one crucial role player" and 3.3.4, 1^st sentence serves as a repetition..
4. 3.3.10: May insert " participation or involvement in rehabilitation programs ( eg restorative justice) before ‘provision’ on the 3^rd sentence.
5. 3.3.12: The paragraph may be deleted as it replicates what has been mentioned earlier on in the document.

The role of all stakeholders is critical in intervention measures that address offending behavior. This behavior is an international phenomenon and therefore it is imperative to learn some lessons from the international arena and make them context specific.

Amongst others, challenges that call for immediate collective responsibility relate to awaiting trial offenders, inmate health issues, overcrowding, old infrastructure, inmate program development and evaluation, and human resource development, etcetera.

It serves no purpose to lament about these challenges and not take the necessary steps. It is common knowledge that government structures cannot solely provide intended intervention measures. Therefore, other stakeholders like non governmental organizations (NGO’s) and private sector should be involved in addressing the challenges in order to fast track delivery.

The private sector has the capacity to assist the Department in amongst others paradigm shift of current staff through training and monitoring, inmate program development and evaluation, inmate health issues, bulging prison population, infrastructure and other areas of need. The list is not exhaustive.

The re-training of staff in order to align their thinking with the intended objectives is urgent. Currently, the DCS staff has several visits to Kutama Sithumule Correctional Centre(KSCC) in Makhado to learn on inmate management issues and this is evident of the capacity of the private operators.

In addition, through the assistance and continued support of the international investor GEO group formerly known as Wackenhut Corrections Corporations Pty Ltd (WCC), Kensani Corrections Management Pty Ltd (KCM) is running programs at KSCC. Please refer to the attached KCM profile (Annexure A). The GEO group is transferring skills to KCM as envisaged and this relationship is evidence of globalization and Black Economic Empowerment and should be sustained.

One of the foci of the GEO group is on provision of health care. It is running the 50 bed health care centre at KSCC and the performance is exceptional despite the challenge of HIV/AIDS. The required skills are already available in our country and it is up to the decision makers to utilize.

The prison population is bulging on a daily basis precisely because crime is committed at the same frequency. Government need to be commended for involving private operators in incarceration. Currently, the two operators accommodate about 6000 inmates. Although there are arguments that building more prisons is not a solution, one wonders what could have been the situation without the two privately managed facilities.

Other alternatives to incarceration like electronic monitoring have been discussed and tenders advertised but to no avail. It is critical that alternatives considered should be preceded by feasibility studies to avert unnecessary expenditure of calling tenders and then being silent on the issue thereafter. This has adverse impact on foreign investment and local companies.

Lastly, the involvement of the community as reiterated in the paper is paramount to commencing collective responsibility. The challenge facing the Department and other stakeholders is educating the public in order to change their perception that it lies with government to address offending behavior. The NGO’s should play a key role in unraveling this myth through a well coordinated approach, with the support of the government.

In sum, it is possible to transform our correctional system with the meaning involvement of all stakeholders.

Compiled by: Ms Gomolemo Moshoeu

KCM Managing Director