SUBMISSION BY PRISONER P KHUMALO

Please accept this letter as our humble contribution/submission to the proposed Green Paper on Correctional Services.

This letter is aimed at highlighting the unseen problems , at least to an outsider, that renders the Department of Correctional Services ineffective in delivering services to the expectations of the public in general. The submissions will be based on the analysis of the Green Paper itself and on recommended way forward. It will be very summarative with a hope of getting a chance for a verbal presentation of comprehensive submission in parliament on a set date.

1. Correction as Societal Responsibility.

"the South African correction philosophy is premised on the approach of the South African Constitution ,namely that all South Africans should contribute to maintaining and protecting a just , peaceful , and safe society in our country by upholding the law and justice system and promoting social responsibility and human development of all citizens"

Without dwelling on social -ills and socio-economic instabilities we face as country , the end -result is always crime which eventually leads to incarceration of community members. In one way or other, the community is/should always be involved in correcting its own ills.

Within the context of the Department of Correctional Services, the community's involvement is vital. The general community , the CBO's ,the NGO's ,etc are more than willing to contribute , positively, to the rehabilitation and effective re-integration of an offender. The policies , on the part of the Department, are there and very enabling. The weakest link in any system is always a human factor . The Department of Correctional Services is in an unfortunate situation where the majority of its "work -force" is a de-service to the Department itself. As such , this is not as dangerous .The fact that the Department seem oblivious of the fact that its workforce is protected by the Union make it dangerous , to extreme.

The society 's view of corrections can never be explained, so it can never be changed. It always depends on whether where one stands . A view of a victim will always be different from that of a mother of an offender . The role of the Department of Correctional Services is not known to its workforce. It cannot be changed neither. Ours as concerned citizens, is to create a common understanding amongst all prominent stakeholders, internal or external to the DCS, about rehabilitation and/ correction of an individual .

The Social institutions involved in promotion of correction as a way of life in the broader society can never be undermined. Their efforts are useless and unfortunately, fruitless. We are missing the target . In South Africa , our prisons are serving as universities of crime as opposed to rehabilitation centres hoped by most to be.

2. Objective of a Correctional System

"the name change from the Department of Prisons to the Department of Correctional Services was not merely cosmetic. It reflected the beginning of a paradigm -shift. The responsibility of the correctional services is not merely to keep individuals out of circulation in society, nor to merely enforce a punishment meted-out by the courts. The responsibility of the Department of Correctional Services is first and foremost to correct offending behaviour , in a secure , safe and humane environment , in order to facilitate the achievement of rehabilitation , and avoidance of recidivism."

"the South African correctional system is an integral part of the country's criminal justice system and requires an effective integrated justice system for service delivery on the DCS core mandate."

"progressive and ethical management and staff practices within which every correctional official performs an effective correcting and encouraging role."

The Department of Correctional Services did the best to market itself. At least on paper. The objectives of a Correction System, i.e.

are only best reflected on documents. In reality and/practically, they are non-existent. It is said that the Department of Correctional Services is obliged to provide correctional and developmental opportunities to correctional clients both in and out of correctional centres, while at the same time being faced with the challenge to ensure that the correctional clients buy -in to active participation and internalisation of the lessons of such opportunities, as what the Department doesn't /didn't know was that the same theory applies / d to paradigm -shift, on the part of its workforce. Admitted to prison, one stripped-off dignity , sense of self-worth, regardless of his/her sentence. One collapses to crime or is allowed to collapse to crime before leaving the place. Recidivism is commended as opposed to condemned. The danger of it all is that nobody knows but the perpetrators . The policies are flawless. They only lack concrete measures enforcing the right interpretation and implementation, thereof.

3. South Africa's Approach to Prison Management and Community Correctional Supervision

"those who have leadership responsibility for correctional centres and systems need to look beyond technical and management considerations, as they also have to be leaders who are capable of inspiring their staff/with a sense of value and values in the way that they carry-out their daily."

Restorative Justice

"the approach of the Department towards rehabilitation is informed by a commitment to a restorative justice approach , which outlines an alternative philosophy requiring correctional services to devote attention to enabling correctional clients to make amends to their victims and community. Increasing correctional client competencies. Protecting the public through processes in which individual victims, the community, and correctional clients are all active participants ."

The restorative justice approach is the best there in healing the wounds of crime. It gives all parties involved a fair chance to reconcile . Its only flip-side , in the current state of the DCS, is that it requires interest from the heart . A few members of the Department 's workforce have that heart to give. Not to a "prisoner". Instead of healing the wounds of the former crime , potential wounds between members and prisoners are created . Grudges become inevitable . Recidivism is always the end-product.

If only there was a way to engineer a workshop , not for the purposes of the records, that will teach each and member , only the benefits of an effective restorative justice approach. The DCS would be far by now .

The Unit Management

"the 6 essential elements of Unit Management are said to be;

Lateral communication, with team work and common understanding,

Direct interactive supervision of correctional clients.

Assessment and need-driven programs in structured day and correctional plan

Multi-skilled staff in enabling resourced environment

Restorative, developmental and human rights approach to correctional clients,

Delegated authority with clear lines of accountability."

The Unit management approach is one well -crafted but unnecessary approach. The Department is said to be understaffed and prisons overcrowded. Thinking of creating smaller groups out of that is just unthinkable. If only we can be able to deal with the issue of overcrowding first, only then can we think of implementing the Unit Management.

Parole Policy

This is one policy that shows what happens when one human being has a superiority of force over another. Where the strongest appropriate to themselves the prerogative even to annul the injunction that God Almighty , created all men and women in His image.

This is one section of the Department where decisions are taken on the basis of personal feeling than prescribed guidelines. We talk of recidivism, overcrowding. The Parole Board and Institutional Committee are the cause. These two committees are the corruptiest and nobody has been able to pin down that corruption. Every offender lives under the fear of the Parole Board and the Institutional Committee. If nothing is done about the issue , the Department will never be able to achieve its main objective, i.e. to be the best in the world.

The Department of Correctional Services is undoubtedly doing the best it can put rehabilitation at the centre of its activities. The Parole policies are rehabilitative in nature but their interpretation and implementation thereof by those responsible , is very punitive. It seems like they , the policies, are not interpreted in such a way that they breach everything that the Department of Correctional Services stands for. They lack the reflection of our Supreme Constitution , i.e. equality in the eyes of law.

"the Constitution of South Africa as well as various international instruments stipulates compliance with basic human rights, limited only where justifiable and necessary , in a prison environment. As such , correctional clients must be treated at all times as human beings entitled to all the rights of any citizen of South Africa, save those necessary curtailed through the act of incarceration , or that are removed as a consequence of the individuals behaviour."

If only what is stipulated on paper is what is implemented, South Africa would have achieved wonders in crime reduction . It seems like not one member of the Department of Correctional Services understands what is meant by Secure, Safe, and Humane custody. As long as offenders are locked-....... times, with no risk of an escape, the official call it a day. What happens inside the cells for sixteen hours is non of their business. Locking-up a person serving a sentence of ten years for robbery with another person ........serving.......six months for theft is just illogical. Chances are that the one serving...... for theft will come back with a sentence of ten years or more for ........We don't need a psychologist for that!

We hope this submission will be considered and be seen as a positive contribution towards the quest to rid off criminality . It should further be ............. that there is an already designed Multi - Development and ................ Program for Inmates. We will be grateful should we get a ........... to make a Presentation in Parliament on the Project.

Thank you

Yours truly

.........Khumalo