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REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON ANNUAL REPORT AND FINANCIAL STATEMENTS OF THE DEPARTMENT OF CORRECTIONAL SERVICES FOR 2003/04

29 October 2004

The Portfolio Committee on Correctional Services reports as follows:

On 27 October 2004, the Committee met with the Minister of Correctional Services and representatives from the Department of Correctional Services (DCS) to discuss the 2003/04 Annual Report and Financial Statements of the DCS.

The following members of the Portfolio Committee on Correctional Services attended the meeting:

The Hon Mr. D. Bloem (Chairperson)

Ms. LS Chikunga

Mr. NB Fihla

Mr. S Mahote

Mr. MS Moatshe

Mr. TC Molefe

Mr. MJ Phala

Ms SP Rwexana

Mr. LJ Tolo

Ms. IW Direko

Inkosi B Biyela

The DCS was represented by:

The Honourable Minister, Mr. N Balfour

The Chief Deputy Commissioner: Finance, Mr P Gillingham

The Executive Manager: Office of the Commissioner, Mr T Motseki

The Deputy Commissioner: Human Resources, Ms GP Mathibela

The Media Liaison Officer, Ministry, Mr G Abrahams

The Deputy Director: Parliamentary Liaison, Mr V Mooi

The Parliamentary Liaison Officer: Ministry, Mr M Jobodwana

The Minister made a number of introductory remarks to the Committee. The DCS did not make a formal presentation to the Committee on the Report but instead the floor was opened up for questions and concerns around the Report. These were structured in terms of the five programmes of the Department, that is issues concerning:

Administration.

Incarceration.

Rehabilitation.

Corrections.

Facilities management and capital works.

Due to time constraints the meeting could not consider specific issues arising from the Auditor General Report. However, many of these issues were raised by the Minister and by Members of the Committee in relation to the various programmes.

1. Introduction

The Portfolio Committee on Correctional Services has scrutinised the Annual Report of the Department of Correctional Services for 2003/04 including, the Report of the Auditor General.

In terms of the Annual Report, the Portfolio Committee notes that following key issues:

The Annual Report 2003/04 provides a clear overview of the functioning of the DCS for the financial year 2003/04.

Targets are clearly identified and reasons have for the most part been provided in instances where targets have not been met.

Key targets that were not met during this period include:

Reduction of overcrowding.

Number of prison escapes.

Number of assaults on prisoners and staff.

Number of psychological sessions provided to prisoners.

Some agricultural and production workshop targets.

Number of probationers and parolees per supervisory officer.

Number of additional prisoners places.

In terms of the Report of the Auditor General the Portfolio Committee notes the following key issues:

The Committee is concerned that once again the DCS has received a qualified audit opinion by the Auditor General.

Key areas of concern include:

Problems with Medcor (medical aid).

Insufficient control over assets.

Inability to recover amounts overpaid to employees identified in the Judge White Commission.

Weaknesses in the information systems.

Slow pace in filling vacancies and problems in the retention of professional staff.

The Minister of Correctional Services raised the following issues and concerns at the briefing:

The oversight role of the Portfolio Committee on Correctional Services is to ensure that the DCS performs its functions effectively and thus critical input from Portfolio Committee members is welcomed by the Minister and the DCS.

The qualified opinion by the Auditor General (AG) on the Financial Statements of the DCS for 2003/04 is cause for concern. The Minister stated that the process of transformation within the DCS has resulted in a number of tensions and challenges. These challenges manifest themselves in staffing and union issues. The manifestation of these problems can be seen in the qualified report of the AG. Specific issues from the AG Report highlighted by the Minister included:

Problems around Medcor (medical aid): According to the Minister, most members do not have medical aid care and those that do are not sufficiently covered. Problems within Medcor have meant that this scheme is not recognised by some doctors and other health service providers. The DCS is in the process of addressing this problem and there is also hope that the initiation of a public service medical aid will resolve this problem.

Problems around information technology (IT): Some of the identified IT problems are DCS related and others reside within the SETA. External assistance will be used to address these problems.

Judge White Commission: The Minister has requested to meet with the judge personally to get clarity on the problem which concerns recovery of money from DCS staff for overpaid salaries.

Vacancies and delays in filling of posts: The Minister stated that the process of filling vacant and acting posts must be hastened.

The Annual Report states that no new recruits were trained during the 2003/04 financial year at the 2 training academies in Kroonstad and Zonderwater due to curricula changes required by the needs identified in the White Paper. The Minister reported that new recruits have undergone the revised training programme in 2004 and the first new recruits will be deployed in 3 months time.

Discipline within the DCS is again raised as a concern. The DCS will take action against employees who embark on illegal strike action or assist in escapes.

2. Administration

The following key concerns on Administration were raised by the Members of the Portfolio Committee and answered by the DCS:

Vacancies and acting posts: Members raised problems around the high number of vacancies within DCS. The specific problem of staff in acting positions was identified. Members raised the issues that some staff in acting positions fulfil this function for longer then 9 months and that in some cases these posts are unfinanced.

The DCS stated that the restructuring process entailed the movement of people from positions in the old organisational structure into the new organisational form. Approximately 32 000 employees were affected by the restructuring process. The new organisational form resulted in the responsibilities for the various posts being changed and in many cases the posts were upgraded. Restructuring entailed the aligning of posts with levels of responsibility and ranks.

This resulted in a number of vacant posts and a shortage of suitable internal candidates to fill these posts. In an attempt to alleviate this problem, a recruitment drive was initiated between May and August 2003. Unfortunately, for the 1 005 advertised posts more than 1.5 million applications were received which caused huge administrative problems within the DCS. This resulted in further delays in filling these posts.

Many of the problems around vacant and acting posts, concern upgraded posts at prison management level and section level. These posts have recently been advertised internally within DCS and it is hoped that they will be filled within the next 2 months.

All acting posts must be approved and financed. Staff filling acting posts must give written agreement and must be directly on the level below the acting post. If the post is higher, then written permission must be obtained by Head Office. Acting posts can only be filled for a period of 3 months after which they can be extended for a further 3 months with permission. After 9 months there must be specific reasons why the posts cannot be filled.

Vacancies in professional posts: Members raised a concern around the high number of vacancies and the high turnover of professional staff such as nurses, social workers and psychologists. Backlogs in filling vital posts were exacerbated by unnecessary mistakes, including incorrect salaries offered in letters of appointment to nurses.

The DCS reported that almost all interviews have been completed to fill vacancies in professional posts. The DCS stated that the high number of vacancies within professional posts was largely due to the fact that professionals such as nurses, for example, would prefer to work within their respective departments, i.e. the Department of Health, than for the DCS, as the salaries they receive are the same. Career pathing in their respective departments is better and there is less risk involved. In order to address this problem, the DCS has written to Cabinet asking it to consider adjustment of salaries for staff working for the DCS.

Internal and external communication: Members raised concerns around the quality of internal communication within DCS particularly from top management down to the correctional officers. In addition, concerns were raised around measures taken by the DCS to educate communities to ensure acceptance of offenders back into communities after release from prison.

In terms of external outreach, the DCS has recognised the problems of community acceptance of released offenders and has taken a number of measures to improve community integration. These include for example:

Delegating this particular responsibility to all Area Commissioners.

Ensuring that each offender on entering the prison system receive correct information from DCS staff on privileges, rights etc so that this information can be shared with relatives and other visitors from the community.

Community correction officers must be involved in the Community Police Forums in their area.

Family days are encouraged where offenders, professional staff and families can meet and interact.

In terms of internal communication, the DCS stated that Area Commissioners are told to address White Paper issues, for example, at each meeting and that many people are making excuses when they state that they are not aware of certain information. September 2004 was targeted as awareness month and the Minister addressed members in each province. Regional commissioners and area commissioners have been instructed to hold similar imbizos in the areas.

Discipline within DCS: Members raised concerns around ill discipline in the DCS and urged the DCS to take tough measures against staff that were corrupt or ill disciplined.

Problems of ill discipline are a result of transformation and a resistance to the necessary culture change. By 2005/06 the DCS hopes that the alignment of performance management systems and agreements, the budget and strategic plans etc will assist in ensuring that mechanisms and policies are in place to ensure discipline within the Department.

Decisions and recommendations:

The DCS has stated that they will address the identified problems at Barberton and Modderbee prison concerning the high number of acting posts and the fact that many of these have been occupied for longer then three months and in some cases longer than 9 months.

3. Incarceration
Overcrowding: The DCS did not meet its target to reduce overcrowding to 60%. Members raised concerns around ineffective interdepartmental cooperation.

The problem of overcrowding in prisons is largely a result of the awaiting trial population. According to the DCS, responsibility for Awaiting Trial Detainees (ATDs) should be taken over by the Department of Justice and responsibility particularly for ATD youth should be taken over by the Department of Social Development. Treasury has, however, stated that neither of these two departments have the resources to deal with ATDs and therefore they must remain within DCS.

According to the DCS, efforts to address the problem of overcrowding are exacerbated by lack of coordination between the various departments. For example, magistrates in the Gauteng province raised the bail amounts to R1100 when the decision was made to release offenders who could not pay bail of under R1000.

Instructions have been given to Area Commissioners to ensure that offenders and ATDs who do not need to be within the prisons system are identified. Results of this exercise are expected by the end of October 2004.

Over expenditure of R65 million: The Members asked for clarity on the over expenditure of R65 million on this programme which is largely a result of overtime payments as well as rations and medicines etc for offenders.

Movement from a 5-day to a 7-day establishment will resolve the problem of overtime payments. However, this will take about three years to implement. The money received for the weekend establishment is not sufficient to cover a 7-day establishment. In addition it takes time for new recruits to be fully functional as they still need to be trained. Thus, it is not possible to use the overtime payments to fund the 7-day establishment immediately.

Training for recruits has been reduced to 3 months and an additional 3 months is spend on on-site training. There is a need for 9 000 additional staff for the 7-day establishment. It is planned to phase these in by recruiting 3 000 new recruits each year beginning in the 2005 financial year. Treasury has stated that no money will be available in the next financial year for introduction of the 7-day establishment.

Over expenditure on rations and medicine for example, was also explained by the DCS as a result of having to provide services to ATDs.

Hospital care: A concern was raised as to whether DCS pays higher tariffs for admitting offenders to hospitals, than the tariffs applicable to the general public.

The DCS stated that the Department of Health has a fixed price structure and thus cannot charge the DCS more than ordinarily members of the public. The DCS restated the policy that no offenders may be admitted to private hospitals unless they require services that are not available at public hospitals or the attention of a specialist who consults from a private hospital.

Decisions and recommendations:

The Portfolio Committee on Correctional services will invite the intersectoral Task Team on Overcrowding to address the Committee on initiatives to reduce overcrowding.

The Portfolio Committee will also continue to personally intervene during prison visits to identify offenders who should not be in the prisons i.e. offenders who were offered low bail but could not afford to pay.

The DCS will provide an outline of the tariff structure for admittance of offenders to public hospitals.

The Portfolio Committee on Correctional Services has an important role to play in ensuring that intersectoral cooperation to reduce overcrowding occurs between departments at all levels.

The DCS must also take the initiative in reducing overcrowding by ensuring that there are no individuals within their prisons who do not need to be there. The Portfolio Committee requests a report back from the DCS on the results of this exercise, which is due to be completed at the end of October 2004.

4. Rehabilitation
Accreditation of training courses: A concern was raised as to whether all training courses for offenders were accredited thus ensuring that released offenders could compete on an equal basis when re-entering the job market.

Not all centres within DCS offer accredited training courses. A process is currently underway to ensure that all centres meet the requirements for accreditation. Efforts include initiatives to train trainers as assessors and also to train offenders as assessors and trainers.

Education: A concern was raised that the number of offenders attending Adult Basic Education and Training (ABET) and mainstream education programmes had decreased in the 2003/04 financial year in comparison to the previous year. In addition, the Members reiterated their position that education should be compulsory for offenders especially young offenders.

The DCS stated that the reduction in attendance of offenders on ABET and mainstream education programmes was largely a result of staff shortages as teachers would prefer to work for the Department of Education than for the DCS.

The DCS is in the process of identifying how to implement compulsory education within the prison system. Limited resources mean that critical decisions need to be made in this regard. Some questions, which still need to be clarified, are for example, whether to make education compulsory for juveniles or long-term prisoners. In addition clarity is required on the constitutional implications of forcing people to learn. The DCS stated that the position of DCS on compulsory education should be clarified in the 2005/06 financial year.

Overcrowding and provision of education and training: The effect of overcrowding on the capacity to educate and train offenders was raised as a concern by Members.

The DCS stated that the capacity to train and educate offenders will improve when the Department moves to a 7-day establishment. At present there is a three-shift system with about 70% of staff working between 6am and 4pm. Due to security concerns and changes in shifts, this leaves only about 3 hours to provide education and training programmes during each day. The 7-day establishment will work on a 2 shift system which will make the day more flexible thus allowing more time for the provision of training, rehabilitation and education programmes by professional staff who will be able to offer services on a 9 to 5 basis. In addition a larger proportion of staff will be on duty at any one time.

At present the majority of prisons do not have access to any training facilities.

Female offenders: A concern was raised that female offenders are often situated at prisons far from their homes e.g female offenders from areas such as Oudtshoorn and George are at the Pollsmoor prison as this is the only female facility in the Western Cape. Members requested clarification on initiatives that the DCS has taken to ensure reintegration of female offenders with their families and communities.

According to the DCS there are very few female offenders and in fact the number of women in prisons is decreasing. It is thus too expensive to establish female sections in all the prisons. However the new Correctional Supervision and Parole Boards will include community representatives from the communities in which the offender resides . Female offenders will be referred to the Boards in their areas of residence and thus community input is assured in this manner.

Self-sufficiency of prisons and outsourcing of food provision: Members raised a concern that prisons are not self-sufficient. Members also wanted clarity on the outsourcing procedure particularly in terms of local empowerment.

While the DCS has a number of productive farms it is still not self-sufficient. This is largely due to the fact that the farms do not have the technology to preserve food across seasons and thus available produce is only seasonal.

In November of each year, each management area advertises in the local newspapers for companies that can supply food to the prisons. The areas are compelled to use local companies and must also create a list of all available companies and award tenders to different local companies each year.

Transfers and deaths: Members raised concerns around DCS measures to ensure that offenders are placed in prisons near their homes. In addition, a question was asked regarding the transfer of corpses to their homes for burial.

Generally, offenders are sentenced in the areas in which they committed crimes and then are placed in prisons within these areas. The ability for DCS to accede to requests to be transferred to centres nearer home are hampered by overcrowding within prisons. If however, an offenders sentence is converted to correctional supervision or they are placed on parole then they are transferred close to their homes to ensure effective reintegration.

When it is identified that an offender is terminally ill, they are transferred to a prison with a hospital section closer to home. In addition, it is the obligation of the state to transfer corpses to their families. If the DCS cannot transfer the corpse itself then it must get 2 tenders from private companies for this function and the cheaper of the 2 will be chosen.

Decisions and recommendations:

The Portfolio Committee on Correctional Services recommends that education is made compulsory especially for all young and juvenile offenders.

The Portfolio Committee requests clear time frames on the accreditation process for training courses offered to offenders.

The Portfolio Committee request a list of companies who supply food and other goods to the prisons in order to ensure compliance with the process for awarding of tenders to local companies and the Committee will exercise oversight on this matter when visiting the management areas.

5. Community Corrections
Community correction and electronic monitoring: While the Committee understand that the electronic monitoring project has been put on hold, Members held the opinion that electronic monitoring can be viewed as a less intrusive mechanism of monitoring then constant visits by DCS staff. A concern was raised that community corrections focuses more on monitoring parolees and probationers than on assisting with reintegration into communities.

The DCS stated that electronic monitoring cannot prevent reoffending behaviour. The presence of community corrections staff in monitoring parolees is important especially in terms of reassuring the community that the DCS is checking on adherence to parole conditions. In addition, part of the parole conditions is to ensure the parolees attend programmes at the community correction offices and thus is not only about monitoring the whereabouts of parolees. Community correction offices also assist with canvassing local employers who employ ex offenders.

The DCS is in the process of reinvestigating the option of electronic monitoring. The project tested in the 1990s was only applicable to a small minority of (richer) offenders as it relied on the provision of telephone lines and stable home addresses. There are, however, new technological developments in electronic monitoring and once the DCS has analysed the feasibility of using these devices in the South African situation it will report the results to the Committee. The DCS will also need to take into account possible constitutional implications.

Correctional Supervision and Parole Boards: Members asked for information on when the new parole boards would become fully functional.

The new Correctional Supervision and Parole Boards were implemented from 1 October 2004. However, due to problems resulting from the placement of unclear advertisements for community representatives to sit on these boards, the civilian chairpersons have not yet been appointed. Deputy chairpersons from the DCS are currently chairing the boards. It is expected that the boards will be fully functional from the 1 January 2005.

Decisions and recommendations:

The Portfolio Committee on Correctional Services is committed to playing a role in educating communities to increase the acceptance of released offenders by their communities. This will form part of their constituency function.

The DCS must report on the feasibility of using electronic monitoring in the South African context, once they have completed a study in this regard which will take into account new technological developments.

6. Facilities management and capital works
Construction of new prisons: Concern was raised around the delay on the construction of the four new prisons and clarity was requested on the effect of the PPP regulation on construction of the four new prisons. Information was requested as to whether Treasury had approved the requested rollover of funds. Members asked for clarity on whether the four new prisons would be public-private prisons or conventional prisons. In addition Members requested information on how the DCS determines the areas in which new prisons are to be constructed.

Delays in the construction of the four new prisons (in Krugersdorp, Nigel, Kimberly and Leeukop) were as a result of the intervention by Treasury stating that a feasibility study should have been completed to ascertain whether these prisons should be constructed as public-private prisons or as conventional state prisons. The problem was that the process had already been initiated without this feasibility study as the new prisons are to be constructed on existing DCS premises. According to the DCS it is not feasible to have public-private prisons on DCS grounds. Treasury has now agreed and given permission for DCS to continue with the construction of these four new prisons, which will be conventional state prisons.

The Department of Public Works is responsible for inviting tenders for the construction of these 4 conventional prisons. The DCS is only responsible for submitting its needs and approving the line drawings.

Treasury has approved only R28 million of the R136 million requested as rollover. The transaction facilitator still needs to be paid from this amount.

In addition to these four conventional prisons, another four prisons will be built in the longer term. These will be situated in Port Shepstone, East London, Allandale and Upington. The DCS will embark on a feasibility study on whether these additional four prisons will be built as private-private prisons or as conventional prisons.

The feasibility study will include an investigation of the existing public-private prison contracts (with reference to the 2 existing public-private prisons in Bloemfontein and Makhado) in order to ensure that the new contracts are in the interests of the DCS. Key issues that require attention include the length of the contract (at present contracts are for 25 years) and whether the DCS should pay both capital and fixed fees (which occurs at present) or only fixed fees and then the private partner owns the prison. A report on this study is due in March 2005.

Maintenance Backlog: Concerns were raised around the maintenance backlog in prisons. In addition Members highlighted problems around the corrugated zinc facility in Tzaneen.

The DCS stated that delays in maintenance programmes were largely a result of delay in the Department of Public Works especially with regard to the RAMP projects and slow turn-around times.

A new facility will be built in Tzaneen to replace the old corrugated zinc structure. This is on the programme for this financial year (2004/05) and it is now the responsibility of the Department of Public Works to hand it over to a contractor.

Asset management: Members requested clarity on problems, identified in the Annual Report and the Auditor General Report, with regard to management of assets.

When the new asset management system was acquired it created a number of difficulties within the DCS because the system was not really suited to the requirements of the DCS. In the new system each asset (i.e. each screwdriver) must be put on the system and the DCS has a large number of assets of this nature. In addition, many of the assets procured in the past by the DCS no longer had invoices. Treasury has now stated that assets that are over a year old may be inserted as 1c. The system is also very slow and there has been resistance by Members to this initiative, particularly in the Eastern Cape. Treasury has given an extension to DCS until the end of November 2004 for completion of the asset register. 53% of all assets were on the register as of July 2004.

Outsourcing of kitchens: Members raised concern that the management of kitchens have been outsourced in some prisons. Particular concerns were raised that this had not been brought to the attention of the Portfolio Committee and that the tender process needed to be clarified as the objective should be to ensure Black Economic Empowerment (BEE).

The new Correctional Services Act requires that prisons provide 3 meals to offenders per day with not more than 4 and a half hours in between meals and not more than 13 hours between supper and breakfast. The DCS realised that they could not adhere to these requirements within the major centres. In Durban Westville prison, for example, the kitchen is equipped to deal with 5 500 prisoners but needs to serve 12 000 prisoners. In addition, the Occupational Health and Safety (OCHS) Act require that areas of preparation and cooking should be separate. Existing staff that prepare food are inadequately trained. Most prison kitchens do not meet requirements.

A decision was thus made to outsource management of the kitchens in the larger centres. The outsourced company provides for portion control, menu planning and ensuring the correct nutritional value per meal as outlined in the Act. The company must also buy its own equipment (new) to the value of R30 million. Samples of meals must be taken to outside laboratories for testing as to whether they adhere to OCHS requirements. Accredited training must be provided for staff and offenders who will work in these kitchens. Monitoring mechanisms using CCTV must be installed by the company in all kitchens and serving areas. Thus full facilities management has been given to the company. A feasibility study with regard to rollout in additional prisons will be conducted.

A number of advantages have already been realised. Theft has dropped to 0%. The quality and quantity of food provided has been satisfactory and the variety of meals offered has improved. The company uses prison produce for which they are invoiced.

Decisions and recommendations:

The Portfolio Committee on Correctional Services requests a briefing on the report on Public-Private Prisons and revision of contracts as soon as this has been completed.

The DCS must provide the Portfolio Committee on Correctional Service with the list of all main maintenance projects.

The Portfolio Committee will meet with the Department of Public Works to discuss delays in the maintenance projects.

The DCS must provide the Portfolio Committee with an example of line drawing of the new generation facilities that will be constructed.

Specific information on the new facility in Tzaneen must be provided by DCS to the Committee.

The Portfolio Committee on Correctional Services will request the DCS to provide a more detailed briefing on the outsourcing of kitchens.

7. Conclusion

The Portfolio Committee on Correctional Services has scrutinised the Annual Report of the Department of Correctional Services and the Auditor General’s Report on the Financial Statements for 2003/04. The Committee commends the DCS on successes attained during the 2003/04 financial year and recommends that concrete steps are taken to address areas, which have been identified as problematic, particularly those areas of financial management identified as concerns by the Auditor General.

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