Report of the Portfolio Committee on Correctional Services on Visit to Lindelani Place of Safety in Stellenbosch on 19 October

Report of the Portfolio Committee on Correctional Services on Visit to Prisons in the North West and Mpumalanga Provinces, dated 15 March 2005:

The Portfolio Committee on Correctional Services having undertaken an oversight visit to the North West and Mpumalanga provinces from 26 January 2005 to 04 February 2005, considered and deliberated upon the above mentioned report, reports as follows

A. Introduction

In a meeting on 15 November 2004, the Portfolio Committee on CorrectionL services decided to undertake an oversight visit to the North West and Mpumalanga regions of Correctional Services.

B. Delegation

The following members of the Portfolio Committee on Correctional Services visited prisons in the North West and Mpumalanga Provinces between 26 January 2005 and 5 February 2005.

· Mr. DV Bloem (Chairperson)

· Ms. LS Chikunga

· Mr. S Mahote

· Ms. MW Makgate

· Mr. MS Moatshe

· Mr. LJ Tolo

The following Members submitted their apologies:

· Mr N Fihla

· Mr MJ Phala

· Ms SP Rwexana

· Mr ET Xolo

· Mr. J Selfe

· Mr. C Morkel

· Ms. S Seaton

· Mr. B Biyela

· Mr C Burgess

· Mr S Swart

· Mr I Mfundisi

C. Objectives

The objectives of the visit were to:

· Identify the impact of overcrowding on conditions within prisons in the region and on the working conditions of staff.

Meet with staff at all levels within the prisons to discuss staff concerns and problems and identify possible solutions to these problems.

Highlight the importance of discipline and respect amongst staff.

Identify concerns around juveniles in prisons in the region.

Interact with the Independent Prison Visitors and the Legal Aid Board.

The Committee visited the following prisons in the region:

· Potchefstroom Correctional Centre

· Mogwase Correctional Centre

· Losperfontein Correctional Centre

· Rustenburg Correctional Centre

· Witbank Correctional Centre

· Barberton Correctional Centre

· Nelspruit Correctional Centre

· Barberton Town Unit Centre

· Ermelo Unit

· Bethal Correctional Centre

D. Findings and recommendations

The following are the findings and recommendations of the Portfolio Committee on Correctional Services:

1. Overcrowding

Overcrowded conditions in prisons affect both offenders and staff working within those prisons. The following table represents the percentage of overcrowding in the 10 correctional centres that were visited by the Committee.

Prison	Approved Accommodation	Actual Total	% Occupation
Potchefstroom	867	1921	222.3%
Mogwase	572	1007	176%
Losperfontein	808	1151	142%
Rustenburg	628	1002	159.55%
Witbank	2138	2828	125%
Barberton	Max 845 Med 631 Med A 137	1 593 787 136	191% 124% 99.2%
Nelspruit	828	1467	189%
Barberton Juvenile	535	533	99.63%
Ermelo	512	415	-
Bethal	707	1236	161.52%

It is clear from the prisons visited that the level of overcrowding in the region is not uniform and differs from prison to prison. The most overcrowded prisons visited were Potchefstroom and Barberton, particularly the Maximum Section in Barberton Correctional Centre. The current strategy in the region to deal with overcrowding focuses on evening out the prison population by transferring inmates from more overcrowded prisons and dispersing them amongst prisons that are less overcrowded, as opposed to releasing inmates.

Comments and Recommendations

The Portfolio Committee on Correctional Services understands that the Department of Correctional Services (DCS) cannot be held solely responsible for resolving the problem of overcrowding in prisons. All role-players in the criminal justice system including the police, justice and social development have the responsibility to address problems in their sectors that result in overcrowded prisons.

In addition, long term solutions to the problem of overcrowding in prisons need to focus on changing the sentencing practices of the courts, reducing the length of time that cases take to be resolved and ensuring that police investigations are completed quickly and effectively. However, in the shorter term, measures to decrease the prison population need to be implemented as a matter of urgency.

The Committee recommends the following additional measures that should be initiated in the shorter term to reduce overcrowding in prisons:

The DCS in conjunction with the Department of Justice should focus on educating court officials on the importance of using the range of alternative sentencing options available to them. The DCS should take responsibility for explaining to court officials the effect of their sentencing choices on inmates in prisons as well as on the staff of DCS and how overcrowded conditions in prison increase the possibility of recidivism.

The DCS should redirect resources to enhance the Community Correction Programme. This will assist in improving the confidence of court officials to sentence offenders to supervision within the community.

The Committee supports intersectoral priorities to reduce the caseloads of court officials and to improve police investigations to ensure more speedy resolution of cases which will shorten the length of time that Awaiting Trial Detainees (ATDs) spend in prison.

All sentenced offenders who have appeared before the parole board and have been given dates for release should be released immediately unless they are serving sentences for violent crimes such as rape, murder and hijacking.

All ATDs who are accused of non-violent offences and who have been granted bail of R1000 or less by the courts and not considered by the courts to be a danger to society, but are unable to afford the stipulated bail amounts, should be released.

All sentenced offenders who have been sentenced to short prison sentences of 6 months and under should have these sentences converted to correctional supervision.

All sentenced offenders who have been sentenced to the payment of fines of R1000 or less, and are in prison due to their inability to pay these fines, should be considered for alternative sentencing.

1.1. Intersectoral Communication

Inadequate intersectoral communication between the various components of the criminal justice sector including the police, the courts and the prisons was highlighted on the visit as a key barrier to resolving the problem of overcrowding in prisons. Inadequate intersectoral communication results in numerous problems in the region including:

Overcrowding in police cells. In the Klerksdorp management area, for example, the police complained that the police cells are overcrowded with ATDs who have not been shifted to the prisons due to overcrowding in the Klerksdorp and Potchefstroom Correctional Centres.

Independent Prison Visitors (IPVs) identified a number of problems which require intersectoral solutions. These include the lack of information regarding the progress on attempts to lodge appeals by offenders; the unwillingness by prosecutors to prosecute cases initiated by inmates against the Department of Correctional Service (DCS) officials or other inmates; and the fact that South African Police Service (SAPS) officials arrest suspects before investigating cases which increases the number of ATDs in police cells and prisons.

Inadequate investigation by the SAPS of assaults and other incidents which occur within the prisons grounds.

Many inmates do not know the name of their lawyers (especially those from the Legal Aid Board). Inmates also stated that they did not want legal representation as they are told by the lawyers to plead guilty.

In some of the prisons visited, the inmates do not know who the IPVs are or the role that they play in the prison.

Some inmates identified racism in the courts as a factor leading to their incarceration. Specific instances include racism in Court B in Witbank.

Comments and Recommendations

The Portfolio Committee understands that it is only possible to resolve the problem of overcrowding in prisons by ensuring intersectoral solutions to the problem. Communication between the various sectors including the DCS, the SAPS and the Department of Justice is thus essential. The DCS must take responsibility for ensuring the effective functioning of cluster committees at all levels.

The Committee recommends the following in order to ensure adequate intersectoral communication:

The DCS Regional Office must be held accountable for ensuring the effective functioning of cluster committees on regional and area level.

IPVs and the Legal Aid Board representatives must be included in cluster committee meetings on regional and area level.

In addition, the Judicial Inspectorate must take responsibility for ensuring that the IPV and Legal Aid Board representatives at each prison meet regularly to discuss cases and problems.

The cluster committees should investigate whether all ATDs in police cells need to be there or whether they can be released using the available mechanisms. Those ATDS who require incarceration in prison should be shifted from the police cells to the prisons by moving prisoners within the management area from overcrowded to less overcrowded prisons.

1.1.1. The Independent Prison Visitor

The IPVs at each of the prisons must identify all cases where prosecutors have refused to prosecute cases initiated by inmates and resolve this problem in the cluster committees.

IPVs together with the prison authorities should identify and report on all cases of ATDS (with first priority in this regard being given to juveniles in prison) who have been granted bail but have not been able to pay the bail amounts. Those who have been given bail of R1 000 and under for minor offences should be released. In addition, a review of the provisions of Section 63A of the Criminal Procedure Act are necessary to address this problem.

IPVs together with the prison authorities should identify those ATDs who have been awaiting trial for more than 1 year (with first priority in this regard being given to juveniles) and discuss these cases with the legal representatives in order to identify the reasons for the delays.

1.1.2 The Legal Aid Board

(a) Legal Aid Board lawyers should carry cards and supply these cards to inmates with their names and contact details.

(b) Legal Aid Board representatives must visit the prisons on a regular basis to address inmates on their role and function and to explain the plea bargaining process and the Heads of Prisons should keep records of such visits.

(c) The Department of Justice should address the concerns raised by the Legal Aid Board representatives with regard to poor payment for cases.

(d) The representative of the Department of Justice on the regional cluster committee must investigate the accusation that a magistrate in Witbank denies bail to accused, including juveniles, based on racial grounds.

1.2 Ratio of staff to inmates

The ratio of staff to inmates varies according to the extent of overcrowding in the prisons. Overcrowding has meant that, in many of the prisons, the ratio of staff to inmates at any can be very abnormal. One of the implications of the high ratio of inmates to staff means that correctional officials are unable to effectively secure the safety of inmates. In addition, shortages of staff also means that staff is unable to provide inmates with effective programmes and training opportunities as there are insufficient staff to guard them during these activities. This also affects the ability of staff to modify their approach from that of providing security to that of ensuring rehabilitation.

The following table illustrates the number of staff in each prison in comparison to the number of inmates.

Prison	Staff (filled)	Inmates	Weekend
Potchefstroom	218	1 921	97
Mogwase	153 (approved and financed) 142 (filled)	1007	112
Losperfontein	266( approved and financed) 66 (vacant)	1 151	135
Rustenburg	150 (filled)	1 002	53 (financed)
Witbank	746 709 (filled) 37 (vacant)	2828	191
Barberton	Max: 186 Med: 164 Med A: 48	1593 787 136	146 66 25
Nelspruit	164	1 467	106
Barberton Juvenile	117 (30 vacant)	533	79
Ermelo	83	415	42
Bethal	180	1 236	106

The policy of the DCS is that staff numbers are dependent on the approved accommodation and cannot be modified in terms of the level of overcrowding in the prisons. Thus more staff cannot be hired when prisons are overcrowded.

Comments and Recommendations

The shortage of staff in prisons militates against the ability of DCS to effectively rehabilitate inmates. In addition, high levels of overcrowding and the fact that staff numbers are not increased to deal with more inmates is a major factor in the declining morale of staff. The Portfolio Committee recognises that improving the ratio of staff to inmates can only be achieved by reducing the level of overcrowding in prisons.

(a) Consideration should be given by DCS to making the policy on staff more flexible to allow for more staff to be hired in prisons that are identified as chronically overcrowded.

(b) Changing DCS from a 5 to a 7-day establishment should include the provision that staff numbers on the weekend do not decrease dramatically.

2. Staff concerns

The Portfolio Committee met with both management and staff in all of the 10 prisons to discuss key concerns and problems, which militate against their ability to function effectively in their work environment. Managers and staff highlighted concerns and also identified solutions to these problems. Most of the problems identified were common to all 10 prisons. The following are some of the key concerns highlighted by managers and staff:

2.1 Acting Posts

The process of restructuring was due for completion in 2004 and yet staff identified that there are still numerous problems with regard to the filling of posts. In some cases, people are appointed to posts that have been identified as critical and yet have not been financed. This means that they are not paid the acting allowance that would be allocated to a financed post. Questions were raised by staff as to why such posts are identified as critical if they are not been prioritised financially. Unfinanced posts cannot be filled permanently and this results in numerous people filling acting positions for long periods of time, which is contrary to the policy of the DCS.

According to the Regional Office many posts have been advertised in this region and there is momentum to fill these posts permanently.

Comments and Recommendations

The Regional Commissioner has committed himself to ensuring that those people filling acting posts, if deemed suitable, are made permanent if these posts are approved and financed.

The high number of people filling acting positions in the DCS is unacceptable to the Portfolio Committee. The Committee strongly believes that no persons should be filling acting positions for longer than the 3 months as laid out in the policies of the DCS. If posts have been identified as critical then they must be financed and filled on a permanent basis.

(a) The Portfolio Committee requests that the Regional Commissioner provides a list of all acting posts to the Committee within a period of 3 months after tabling of this report and identifies what action has been taken to get these posts filled permanently.

(b) The DCS Head Office will be called in to account to the Committee as to why numerous critical posts have not been financed and to identify whether in the 2005/06 budget this problem has been addressed and sufficient funds made available to fund critical posts.

2.2 Shortage of Professional Staff

The shortage of professional staff within prisons hampers the ability of DCS to fulfil its stated mandate of rehabilitation. For example, Potchefstroom Correctional Centre has only 1 social worker to serve 1 921 inmates. The shortage of social workers is especially problematic, as it is a requirement that an inmate must consult with a social worker before appearing before the parole board. The shortage of social workers means that parole hearings are often delayed.

The DCS can take more than 2 years to fill vacant posts, which is extremely problematic particularly when professional posts such as nurses, pharmacists and social workers are concerned. Often, by the time the DCS has offered the posts to these candidates, they have already accepted other jobs.

Poor salaries and difficult working conditions for professionals have been identified as key reasons for the inability of DCS to attract and retain professional staff. The need to offer improved salaries for professionals was identified as a priority by staff.

Comments and Recommendations

It is essential that there is sufficient professional staff within DCS in order to effectively implement the rehabilitation approach. Implementation of the White Paper, which outlines this focus, is impossible, without the support of a range of professionals.

The Portfolio Committee requires a report by DCS, within 3 months after adoption of this report, on:

(a) Developments to improve the salaries of all categories of professional staff employed by DCS to ensure that they are recruited and retained by the Department.

(b) Measures which have been initiated to speed up the recruitment process for professional staff.

(c) Strategies to improve the recruitment and retention of professional staff including scarce resources such as psychologists as well as social workers, nurses and teachers.

(d) Identification of those correctional centres across the country which at the time of tabling of this report have vacant social worker posts, highlighting those centres which have no social workers at all and an explanation of what measures have been taken to address this problem.

2.3 Health Care

Legislation and policy requires that nurses within the DCS are trained in primary health care and have dispensing licenses. However, many nurses complained that due to the shortage of nurses, they were not sent on training courses to acquire these qualifications.

The slow process of medical release of terminally ill inmates has meant that in many cases seriously ill inmates die before their release is secured. In Klerksdorp Prison, for example, over 5 inmates died in the prison during the period June to December 2004 without successfully securing their release.

A concern was highlighted regarding the release of inmates diagnosed with HIV/AIDS as it was felt that if they were released and received antiretroviral treatment they may recover and recommit crimes.

The shortage of nurses is exacerbated by the perception that the workload of nurses has increased with the advent of HIV/AIDS. The shortage of nurses means that in cases where there is only one nurse for the facility and when the nurse is on leave, correctional officials are tasked with distributing medicines and providing care to the patients.

The growing number of inmates affected by HIV/AIDS in prison was identified as a key concern. Nurses stated that many of the public hospitals are still making it impossible to ensure that infected inmates get access to antiretroviral treatment. In addition, the fact that DCS does not have its own doctors (though 7 posts have been advertised) and face a shortage of nurses, means that effective monitoring of infected patients (required for the treatment process) is impossible.

The lack of a regional coordinator on HIV/AIDS as prescribed by the DCS HIV/AIDS policy was identified as a concern.

Comments and Recommendations

The Portfolio Committee is concerned about the high number of seriously ill inmates with HIV/AIDS seen in the prisons on this visit.

The Committee recommends the following:

(a) While the Portfolio Committee recognises that the shortage of nurses means that it is difficult to release nurses for training, it is vital that nurses are protected and practice within the requirements of the Nursing Act, No. 50 of 1978 as amended. The Committee recommends that DCS investigates the possibility of sending nurses to part-time training in primary health care and obtaining dispensing licenses.

(b) An HIV/AIDS coordinator for the region, as prescribed in the policy document, must be hired as a matter of urgency.

(c) Head Office must take responsibility (together with the Regional Commissioners and the Area Commissioners) to ensure that the Department of Health fulfils its responsibility of ensuring that inmates have access to ARV treatment. Barriers to the acquisition of ARV treatment must be identified and solutions to this problem addressed, in conjunction with the Department of Health. The DCS must submit a report identifying barriers to access to treatment and solutions to the problem to the Portfolio Committee within 3 months of tabling of this report.

(d) The Portfolio Committee requests a report on the policy and procedure regarding release of terminally ill inmates from DCS within 3 months of tabling this report. The report should identify barriers to effective implementation of the policy and detail solutions to these problems.

2.4 Promotion

A moratorium was placed on promotions on 01 July 2001. During the visit, staff identified the lack of upward mobility as a key factor in demotivating members. Staff also feels that there is no incentive for them to study while employed by DCS, as there is no link between further studies and promotion. The reason cited for resistance to insignia is that staff feels that management have ‘climbed up the ladder and then kicked the ladder down’ and thus the wearing of insignia only brings home the fact that staff on the ground can never get promoted.

Comments and Recommendations

The Portfolio Committee recognises that the absence of a promotion policy within the DCS is one of the key factors that has led to the decline in staff morale.

The Portfolio Committee will call the DCS in to explain why there has been a moratorium on promotion for so many years and to outline to the Committee what steps have been taken to address this problem and what time frames and deadlines have been established.

2.5 Incentives and Recognition

Staff complained about lack of incentives for staff to embark on post qualification studies while employed by DCS, the lack of recognition for completed studies, for long service, and on retirement.

In addition staff stated that merit awards were often given to the same individual for up to 5 consecutive years. Staff felt that the assessment process was not objective as it relies on the ability of staff to write and communicate effectively, rather than on an objective assessment of how well they perform their work functions. Staff requested that management explain clearly the criteria on which assessments are based.

Many of the staff members who have worked in the DCS for over 10 years stated that they were concerned that their salaries were less than those of newly appointed members. They stated that they are not financially rewarded for long service.

Comments and Recommendations

The low morale of staff was a feature of all the prisons visited on this study tour. While many of the problems faced by staff are more difficult to rectify, the problem of lack of incentives and recognition for ongoing good work or past service is not.

The provision of incentives for post basic qualifications acquired by staff while employed by DCS are important in order to motivate staff to continually improve themselves and thus provide a better quality service. In addition, recognition of long service and acknowledgement and thanks on the retirement of staff are important rewards for service. It is only courteous to thank staff on retirement after long periods of service. The DCS should explore innovative and creative ways of rewarding and acknowledging staff. If financial constraints are a problem, then rewards may even be non-monetary, outside funding could be found to fund tokens of appreciation or the skills of prisoners within workshops could be harnessed in this regard.

The Committee recommends the following:

(a) The DCS should consider changing the personal assessment system to a performance-based assessment system to ensure a fairer and more objective system to assess the performance of staff.

(b) The Portfolio Committee requests a report from DCS within 3 months after tabling this report, on steps that it will take to ensure that staff are motivated to perform effectively including measures that it will take to improve the assessment process and to reward staff for long service or ongoing good work.

2.6 Overtime

The DCS is currently functioning as a 5-day establishment, which means that work during the weekend is paid out as overtime. Due to financial concerns with overtime payments (and a decision by National Treasury to cut the overtime budget) as well as additional benefits that will result, it is necessary for the DCS to move to a 7-day establishment.

Staff complained that they are only paid for 3 out of 4 days of overtime taken. The fourth day can only be compensated for by a leave day. Leave can only accrued for a period of 12 months after which it is forfeited. Staff feel that they would prefer to be paid for work that they do rather than be given leave as compensation. In addition, they raised concerns that the shortage of staff means that other staff members suffer when staff take leave that is owed to them in lieu of overtime pay. Staff also stated that the shortage of staff on weekends posed a security risk to both staff and inmates.

The key problem identified by staff is that there is insufficient communication by Head Office with members on the ground on this issue. Members are afraid that they will take a drop in salary and want to know if this is the case, so that they can plan for this eventuality. Other concerns raised related to Resolution 1 of 2004 which allows for members to be paid at a lower level for weekend work than they get paid during the week.

Comments and Recommendations

The Portfolio Committee supports the decision to move from a 5-day to a 7-day establishment. However, at the same time it is clear that the concerns of staff around a decrease in take home pay that will result from this change need to be taken very seriously by DCS management.

The Committee recommends the following:

(a) The DCS must communicate directly with staff on the ground on this sensitive issue, to explain the process that will be embarked upon to implement a 7-day establishment, the effect that this will have on members and the pay that they take home each month.

(b) The Portfolio Committee will interrogate the DCS management on the financial implications of the move to a 7–day establishment during the budget process, especially with regard to the effect on individual members.

2.7 Communication

Staff within DCS is not adequately informed on key issues and developments within the Department. The staff feels that they are not heard within the Department and that there is no un-confrontational platform to make their views heard and understood. In addition, it was clear that problems, which should be communicated and resolved at local, area and regional level, are not effectively addressed. Staff feel that they are not timeously informed by management on key issues that effect their work, such as developments with regard to overtime, and that they thus need to rely on the unions for this information.

Generally, the Minister of Correctional Services who is seen to be antagonistic to staff concerns and problems.

Comments and Recommendations

The reliance on DCS on communication in written form does not seem to be effective, especially when staff have serious problems with the changes that are occurring around them and that impact on their work and their lives.

The Committee recommends the following:

(a) A structured process must be urgently put in place at all levels within DCS to ensure effective communication between management (on national, regional, area and local prison level) and staff at prison level. This process should include regular opportunities for representatives from Head Office, the Regional Office and the Area Offices to meet with and talk to staff on the ground to discuss key issues that affect working conditions. Verbal communication is important and written memorandums should not be identified as the key component of communication. In addition, staff must be given the opportunity to discuss and identify their concerns in a non-threatening environment and management needs to take these concerns seriously and identify constructive ways of addressing them.

(b) The DCS must report to the Committee within 3 months of tabling of this report, on problems that they have identified with regard to communication with staff on the ground and steps that they have taken or will be taking to address this problem.

2.8 Medical Aid

In the past, medical aid for staff was fully subsidised. Due to a number of financial concerns, including the fact that staff was abusing the scheme, a decision was made to change the medical aid to a partially subsidised scheme. This has meant that all staff now have to pay a proportion of the medical aid monthly payments. Staff has identified concerns, including that they had not budgeted for medical aid payments and that the premiums have resulted in their taking less money home than previously. In addition, staff feel that while they are now paying for this service they are not receiving sufficient benefits in return and that, in many cases, the scheme has very limited allocations for various health areas.

Comments and Recommendations

The DCS must identify problems with regard to the new medical aid scheme and report to the Committee within 3 months after tabling of this report on steps that have been or will be taken to address these problems.

In addition, the DCS top management must take responsibility for effective communication on this issue and for ensuring that staff on the ground is aware of DCS initiatives to improve the medical aid provision.

2.9 Education

Teachers in many of the prisons visited complained about the shortage of classrooms and teachers, which means that they are only able to deliver education and training courses to a limited number of inmates.

Comments and Recommendations

The provision of educational and training programmes at prisons has been identified by the Portfolio Committee as a key component of rehabilitation, and especially important in terms of young offenders of school-going age.

The Committee recommends the following:

(a) The DCS must report to the Portfolio Committee on completion of its investigation into the feasibility of making educational programmes compulsory for all youth of school going age as both the Correctional Services Act, No 111 of 1998 and the South African Schools Act, No 84 of 1996 provides for compulsory schooling for juveniles of school-going age.

(b) The Regional Commissioner should provide a report to the Committee, within 3 months after tabling of this report, identifying shortfalls in teachers and classrooms for all prisons in the region, with a specific focus on shortages that effect youth of school-going age.

(c) The Portfolio Committee will call the DCS in to account during the budget process for 2005, on financial constraints in providing educational and training programmes for offenders, in line with their objective of rehabilitation.

2.10 Community Corrections

Members involved in community corrections complained about lack of staff and vehicles, which hampers their ability to monitor parolees and probationers effectively. It was identified that at least one of the community correction offices on the study tour did not have even one vehicle at the time of the visit to use for monitoring probationers or parolees.

Staff in community corrections raised the concern that the training that inmates receive in prison is discontinued when they enter community corrections.

Comments and Recommendations

The Portfolio Committee believes that the community corrections component of DCS needs to be prioritised and capacitated as it offers an important alternative to imprisonment and could greatly assist in decreasing overcrowding within prisons. It is presently under resourced and that is identified as a major reason that magistrates refuse to use this option when sentencing offenders.

The Committee recommends the following:

(a) The DCS must ensure that community corrections offices have the basic tools to do the job effectively, which includes sufficient vehicles for monitoring parolees and probationers as well as adequate person power. The Regional Commissioner must report to the Committee within 3 months of tabling this report on key shortages in the region and measures that have been taken to rectify these shortages.

(b) The Portfolio Committee will interrogate the issue of improving the budget for community corrections in the budget process of 2005.

(c) The DCS should investigate strengthening links with the Department of Labour when inmates are transferred to community corrections with the goal of ensuring that training opportunities for parolees and probationers can be continued while they are under the community corrections programme.

2.11 Disciplinary Process and Grievance Procedure

Staff identified a perceived bias in disciplinary hearings, particularly by chairpersons of the hearings. In addition, staff complained that they are not allowed to have legal representation at disciplinary hearings (they are allowed to be accompanied by union officials) while the DCS has the assistance of legal staff. In cases involving inmates, inmates are allowed to have their lawyers present but staff is not.

Staff felt that they were not receiving feedback on grievances lodged to the department and that grievances were taking too long to reach Head Office.

Comments and Recommendations

The Portfolio Committee believes that the internal disciplinary process within DCS is an important tool for reinstating discipline and respect within the Department and that all measures should be taken to ensure that these processes are effective, fair and acceptable to both staff and management. The Committee supports the call by DCS Head Office to hold managers accountable for checking on the quality of investigations during disciplinary processes and to subject lenient decisions to automatic review.

The Committee recommends the following:

(a) Chairpersons of hearings should receive intensive training on how to manage hearings of this nature fairly and objectively.

(b) The issue of allowing legal representation for staff at disciplinary hearings is valid and should be negotiated in the appropriate forum, such as the Bargaining Council.

2.12 Transport

Many members complained that DCS does not provide transport for staff, which is especially problematic for night shift workers, those working in rural areas and those living in newer extensions that are far away from the prison.

Comments and Recommendations

While the Portfolio Committee recognises that the provision of transport to staff has budgetary implications, it is clear that when there is no or limited public transport system available and when it is dangerous for staff to travel at night, the DCS should ensure that transport is available to staff to ensure their safety.

a. The Regional Office should audit all prisons in the region to assess the status of the transport problem and identify those prisons where it is necessary for DCS to provide transport. The Regional Commissioner must report to the Committee within 3 months of tabling this report on the status of transport within the region (i.e. which prisons provide transport to members) and whether there are prisons in the region that qualify to be provided with transport by DCS and yet do not do so.

2.13 Implementation of the White Paper

It has been identified that the ability of staff to implement aspects of the White Paper, such as the requirement to move from a security to a rehabilitation model and the implementation of unit management, is constrained by inadequate facilities, high levels of overcrowding and insufficient number of staff. Many staff members raised the concern that the policy requires a movement to a rehabilitation approach but that security concerns remain the priority as there are insufficient resources made available to implement rehabilitation, even in identified Centres of Excellence^{^[1]}.

Low morale of staff was identified as an additional constraint to implementation of the White Paper. Staff are demotivated due to a number of fundamental concerns including the fact that they feel that they are losing financially (as a result of increases in payments to the medical aid scheme, low annual increases and the reduction of overtime payments), the longstanding moratorium on promotion and the lack of incentives for good service.

Staff felt that the DCS has spent a lot of money developing policies which are not implementable.

Comments and Recommendations

The Portfolio Committee supports the DCS approach to phase in implementation of the White Paper by piloting it in identified Centres of Excellence. However, there is some concern that staff, even in these identified Centres, do not believe that they have the facilities or other resources to implement the requirements of the White Paper. Of more concern to the Committee is the widespread apathy of staff toward implementation of the approach of the White Paper which will require dedicated, committed and motivated staff for its success.

The Committee recommends the following:

(a) The DCS must provide the Committee with the White Paper as amended by Cabinet as well as the costed implementation plan within 2 weeks of tabling of this report.

(b) The DCS must provide the Committee with detailed information, within 3 months of tabling of this report regarding the criteria for deciding on the 36 Centres of Excellence around the country and an outline of the staffing (including professional staff), facilities and additional resources made available to the Centres of Excellence to implement the White Paper requirements.

2.14 Compliance with the Correctional Services Act

Staff at many of the prisons stated that they were unable to comply with various sections of the Correctional Services Act, No. 111 of 1998 particularly in relation to mealtimes for offenders. Some prisons serve three meals a day but cannot serve the evening meal after 4pm, due to staff shortages. Other prisons still only serve 2 meals a day - supper and lunch are served together and inmates take their supper back to their cells.

Comments and Recommendations

While it is understood that overcrowding in prisons and staff shortages militates against the ability of staff to comply with the requirements of the Act, it is essential that DCS comply with the legal requirements, which have been agreed to in Parliament.

The Committee recommends the following:

(a) The DCS must ensure that the necessary resources are available in each and every prison to ensure compliance with the mealtime requirements of the Act.

(b) The Regional Commissioner must provide the Committee with a report detailing which prisons in the region comply with both the number of meals and the time frame between meals requirements. The report should identify those prisons that do not comply and provide reasons for this lack of compliance.

(c) The Portfolio Committee will interrogate the issue of financial constraints to compliance with the Act in the 2005 budgetary process.

2.15 Transfers

Many staff members identified that they had been placed to work in prisons far from their hometowns and that they had applied for transfers to prisons closer to their hometown.

Comments and Recommendations

(a) Recruitment should be nation wide but placement after training should take into consideration proximity to the areas in which people come from.

(b) Resolution 7 was applied to match and place persons but needs to be revisited administratively to ensure that members of staff are placed closer to their hometowns.

2.16 Bagless prison policy

Staff stated that the bagless policy is not applied equally to all levels of staff and that female staff members are not provided with facilities to store their handbags, the contents of which may be needed during a working day.

Comments and recommendations

(a) Accessible lockers for the storage of handbags should be made available in all prisons.

(b) The Head of Prison is responsible for ensuring that the policy is applied equally to all staff in the prison, including management.

2.17 Assistance to staff

Some prisons such as Losperfontein, for example, stated that they do not have an Employee Assistance Programme (EAP) at the prison to assist staff with personal and work related problems.

The Regional Commissioner gave his assurance that an EAP officer will be deployed to Losperfontein as soon as possible.

Comments and recommendations

(a) The Regional Commissioners must give a report to the Committee within 3 months after tabling of this report, identifying which prisons in the region do not currently have EAP officers, identifying the reasons for this as well as proposed solutions.

2.18 Danger Allowance

Members complained that, according to policy, danger allowances are paid for staff working with maximum sentenced offenders but that staff that work with ATDs do not get paid this allowance even though the ATDs with whom they work may be extremely dangerous.

In addition, some staff suggested that the danger allowance be increased. It was also suggested that families of staff killed in the line of duty receive a substantial lump sum payments such as the R200 000 payment given to the SAPS in these circumstances.

Comments and recommendations

(a) The DCS must review the policy on danger allowances and report back to the Committee on this issue within 3 months of tabling of this report.

2.19 Recreation and clubs

Members complained that money was deducted from their salaries for recreational clubs that were not functioning. The recreational clubs were stopped without entering into discussions with members. Members have been unable to get their contributions back from these funds.

Comments and recommendations

(a) The DCS must give urgent attention to recreation and club facilities for members.

(b) The Committee requests that the Regional Commissioner address the problem of contributions and ensure that members receive their money back, and must report to the Committee within 3 months after tabling of this report, on action taken in this regard.

2.20 Basic working conditions

Staff at a number of prisons visited complained about the lack of basic facilities to ensure that their jobs could be completed effectively and without undue hardship. These complaints included, for example, the lack of toilets for members in the courtyard at Barberton Town Centre, and the lack of toilets or lighting for those on guard duty at that same facility.

A number of commitments were made by the Regional Office to address these problems. These include:

(a) The problem of lack of lighting and toilets for staff in Barberton Town Centre.

(b) The lack of an ambulance at Barberton Town Centre.

Comments and Recommendations

A number of problems highlighted at the visit could be resolved relatively easily by the relevant management tiers in DCS. The Committee is concerned that action is only taken by the various levels of management in the region when visited by the Portfolio Committee.

(a) The Regional Commissioner must report to the Committee within 3 months after tabling of this report on what steps have been taken to rectify the problems mentioned above.

(b) In addition, the Regional Commissioner, together with the Area Commissioners and Head of Prison, must report to the Committee within 3 months after tabling of this report with regard to what processes have been put in place to ensure that problems of this nature are quickly rectified, without it being necessary for action to be taken only after a visit by the Portfolio Committee.

3. Discipline and respect

The Portfolio Committee is concerned about the lack of discipline and respect amongst some correctional officials. Ill-discipline has serious consequences for the effective running of the Department and can even result in corruption such as abetting inmates in escapes and smuggling illicit substances into the prisons.

During the visit, staff acknowledged the problems of ill-discipline and disrespect but also forwarded that the problem of ill discipline amongst staff has a number of causes. Some stated that respect and discipline are not part of the training curriculum for staff, which means that new recruits come into DCS with little understanding of how to behave appropriately in the DCS context. In addition, it was noted that some members in senior management positions are themselves ill-disciplined and come to work late or drink while on duty, which means that staff do not have appropriate role models to emulate.

Comments and Recommendations

The Portfolio Committee recognises that the problem of ill-discipline and disrespect amongst staff needs to be handled holistically. The Portfolio Committee expects staff and management to show mutual respect toward each other. However, the Committee also believes that all instances of ill-discipline must be severely dealt with and that concerns that staff have with their managers, should be raised in the appropriate forums.

The Committee recommends the following:

(a) The training curriculum for new recruits should include basic training on expected standards of behaviour within the DCS including the protocol with regard to communication with superiors and procedures for dealing with disputes or problems.

(b) A recommendation was made by one of the staff members on the visit that some form of intelligence unit should be established within the DCS that would have a number of purposes. The key function should be to identify and collate intelligence around inmate activity that could be a threat to security but a secondary and related function would also be to collate intelligence on corrupt practices of staff. The Committee recommends that the DCS investigate the possibility of developing a unit of this nature and reports to the Committee within 3 months after tabling of this report on its findings in this regard.

(c) Strong action must be taken against ill-disciplined staff members and the internal disciplinary process must be strengthened to ensure this and be improved to ensure fairness within the process.

4. Juveniles

During its visit, the Committee identified the following problems with regard to juveniles:

(a) Staff members are unclear about the status of the draft youth policy and raised the concern that this draft policy lacks specific guidelines for staff on how to handle juveniles appropriately.

(b) During the visit, the Committee was surprised that a very high number of juveniles are in prison serving sentences for rape. In Rustenburg Correctional Centre, it was stated that about 70% of all juveniles were serving sentences or awaiting trial for rape.

(c) As there is no correctional centre for youth in the Northern Cape, many of the juveniles are taken to prisons in other provinces, such as Rustenburg Correctional Centre in the North West Province, which are far away from their homes and family. It is thus impossible for them to receive visits from family and friends. In addition, youth (and other offenders) are sent to prisons in the areas where they have committed the offence, rather than to prisons in the area in which they live, which again means that it is rarely possible for them to receive visits from family or friends.

(d) Staff members noted the importance of ensuring that juveniles under the age of 18 years attend school and raised concerns that juveniles are allowed to choose whether they want to participate in education programmes. In addition, concerns were raised that due to the shortage of teachers and facilities, even those juveniles who want to attend educational programmes cannot always do so.

(e) Some juvenile sections and facilities identified a dire shortage of social workers, psychologists, educationists and medical staff. At Barberton Town Centre, which is a facility for juveniles, for example, there is not one social worker at the facility, as the post is vacant.

(f) A number of sentenced juveniles were identified in the prisons (for example, in Witbank Correctional Centre) with very short sentences of under 6 months, some of who had even had the option of a fine but could not afford to pay.

Comments and Recommendations

The Portfolio Committee believes that youth especially those under the age of 18 years do not belong in prison. The Committee supports the commitment by President Mbeki, in the State of the Nation Address to ensure that the number of children housed in prison is drastically reduced. This should occur primarily through diversion from the criminal justice system but also by ensuring that there are sufficient alternative care facilities in the country for those children who require placement in these facilities.

However, the Committee also believes that out of all offenders, it is those young offenders who are incarcerated in prisons that could be most successfully rehabilitated to ensure that they do not recommit crimes on release. Young offenders should thus be targeted for access to educational, training and treatment programmes.

The Committee also feels that those young offenders accused of non-violent crimes who are deemed by the courts not be a threat to society, as illustrated by the fact that they have been granted bail of R1 000 and under, but who are in prison as they could not pay the stipulated bail amounts should be released.

The Committee recommends the following:

(a) Youth should be transferred to prisons in the area in which they live rather than in the areas where they committed the crime in order to facilitate continued contact with family, which is an essential component of rehabilitation.

(b) The DCS should explore the feasibility of establishing a youth correctional centre in the Northern Cape, to ensure that young offenders from this province remain close to family and friends.

(c) Both the Correctional Services Act, No 111 of 1998 and the South African Schools Act, No 84 of 1996 provides for compulsory schooling for juveniles of school-going age. Some correctional centres lack the facilities and resources to provide such compulsory education. The Portfolio Committee urges the DCS to take progressive steps to ensure that the provisions of the law in this respect are adhered to, and requests that the DCS report on the implementation of these steps on a regular basis.

(d) The Area Commissioner for Barberton must prioritise the appointment of a social worker for Barberton Town Centre.

(e) The Regional Commissioner must report to the Committee, within 3 months of tabling of this report on identified shortages in all juvenile centres with regard to professional staff including teachers, trainers, social workers, psychologists and health care professionals.

(f) The Portfolio Committee requests a report from each prison visited on steps that have been taken with regard to juveniles identified with short sentences or option of a fine who were earmarked on the visit for release. These include about 7 juveniles at Witbank Prison sentenced to 3 months imprisonment.

5. Mother and Baby Care

The Committee visited a number of mother and baby units in the various prisons during the visit. While in some cases, such as at the Ermelo Prison, it seemed as if the quality of care and stimulation given to the babies and young children who are kept with their mothers in prison was of a very high standard, considering the context, in other prisons, such as at the Nelspruit Prison, this was not the case. In one case it was noted that a child of 5 years still remained with her mother in the facility. Of even more concern was the fact that the children at this facility were seldom taken out of the prison to explore the outside world and did not attend crèche outside of the prison. This is of particular concern in that apparently the offer of a crèche had been made available to the prison, but had not been taken up by the relevant management.

(a) Babies and young children who stay with their mothers in prison should be taken outside of the prison on a regular basis to experience the outside world.

(b) All children above the age of 2 years old should go to crèche outside of the prison. The prison management must take responsibility for liaison with the community in which the prison is suited to make arrangements of this nature.

(c) The Regional Commissioner must give a report to the Committee within 3 months of tabling of this report detailing the number of babies accompanying their mothers in prison in the region and outlining which of these children attend crèche and which of them get taken out periodically to experience the outside world. The report should identify the ages of each child. The report should also identify steps that will be taken to ensure that children receive adequate stimulation both within the prison environment and outside of prison.

D. Conclusion

In conclusion, the Portfolio Committee on Correctional Services has gained more appreciation and insight into the difficult conditions under which DCS staff work, exacerbated by overcrowding and the lack of adequate resources. The lack of communication between various levels of management and staff in this region is of serious concern and must be addressed immediately, as it negatively impacts on the effective functioning of the correctional centres. The Portfolio Committee on Correctional Services will monitor measures to implement the recommendations outlined in this report and will meet with the Regional Commissioner responsible for the North West, Limpopo, Mpumalanga region within 6 months of tabling this report, to discuss progress on implementation of the recommendations.

Report to be considered.

[1] The DCS has identified 36 prisons countrywide as Centres of Excellence to pilot implementation of the White Paper.