A. Introduction

The Portfolio Committee on Correctional Services decided that it will undertake an Oversight visit to the Limpopo province from 04 to 05 August 2005.

B. Delegation

The following members of the Portfolio Committee on Correctional Services visited prisons in the Limpopo province between 03 August to 05 August 2005.

• Mr. DV Bloem (ANC) (Chairperson)

• Ms. LS Chikunga (ANC)

• Mr. NB Fihla (ANC)

• Ms. MW Makgate (ANC)

• Mr. MS Moatshe (ANC)

• Mr. MJ Phala (ANC)

• Mr. LJ Tolo (ANC)

• Mr. ET Xolo (ANC)

• Mrs. SA Seaton (IFP)

The following Members submitted their apologies:

• Mr. J Selfe

• Mr C Burgess

• Mr S Swart

C. Objectives

The objectives of the visit were to:

• Identify problems and blockages in the system that contributes to the high number of Awaiting Trial Detainees (ATDs).

• 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 all stakeholders in the Integrated Justice System as well as with Independent Prison Visitors and the Legal Aid Board.

The Committee visited the following prisons in the region:

• Thohoyandou Correctional Centre

• Kutama Sinthumule Private Prison ( see report on Private prisons)

• Polokwane 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.

At the Thohoyandou Correctional Centre, 766 inmates benefited from the Special Remissions. This has relieved overcrowding from 319% to 280%. The internal committees, inclusive of magistrates, prosecutors, SAPS and DCS meet once a month to discuss possible solutions and recommendations to relieve the high number of awaiting trial detainees.

At the Polokwane Correctional Centre, 651 inmates benefited from the Special Remission process.

2. The Awaiting Trial Population

Thohoyandou Correctional Centre

During its site visit, the Committee came across many awaiting trial detainees who were incarcerated for lengthy periods.

Adult Male Awaiting Trial Section (21 years and older):

There are four cells, which are supposed to accommodate 34 persons each.

Cell 1: Accommodates 47 detainees

Cell 2: Accommodates 35 detainees

Cell 3: Accommodates 29 detainees

Cell 4: Accommodates 38 detainees

Total: 149 detainees

The table above reflects information provided by the detainees.

Juvenile Male Awaiting Trial Section (17 -20 years):

Total number of juvenile detainees: 59

The table above reflects information provided by the detainees.

3. The Awaiting Trial Population

Adult Females and Juvenile Females

The table above reflects information provided by the detainees.

Adult Male Awaiting Trial Section (21 years and older):

Total number of adult male detainees: 253

The table above reflects information provided by the detainees.

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 long periods of awaiting trial. Whilst the statistics above was provided by the detainees, the prison authorities are urged to verify this information and assist with cases e.g. those incarcerated for damage of property or bicycle theft.

The Portfolio Committee identified a juvenile who received free bail in court, but because of the unavailability of his parents, could not be released in their care. A situation like this is unacceptable and the Head of Prison should have interacted in this instance.

In addition, long term solutions to the problem of awaiting trial detainees, needs 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 tenn to reduce the awaiting trial population:

(a) 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.

(b) 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.

(c ) 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.

(d) All ATDs who are accused of non-violent offences and who have been granted bail of RIOOO 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.

The Portfolio Committee met with the Intersectoral cluster of the Thohoyandou and Polokwane region and had very successful discussions with all the stakeholders. Intersectoral communication between the various components of the criminal justice sector including the police, the courts and the prisons was very successful in the region.

(a) The lack of capacity at the courts in the region is hampering the process of efficiently dealing with cases. It was also mentioned that a lot of racism is experienced at certain courts, especially at courts in Polokwane.

(b) Inadequate investigation of cases by the SAPS, also hampers the finalisation of cases. Many of the court documents are lost when cases appear in court.

(c) Another highlight was the co-operation and participation of the members of the Justice Cluster in the provincial task team on overcrowding. The cluster meets regularly to discuss cases where there is an undue delay and the Criminal Procedure Act empowers magistrates to deal with such cases. It was also mentioned that some courts in the area are being used by traditional leaders. Monthly reports are studied by the Chief Magistrate and where there are outstanding cases, reasons must be provided.

(d) Diversion: There was a general sense that all juveniles must go through diversion. It was also mentioned that there are not many Places of Safety for children and juveniles and those that are functioning are in very bad condition.

All stakeholders in the cluster must communicate and participate to ensure intersectoral solutions. 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:

(a) The Portfolio Committee recommends that it be' provided with intersectoral reports of the region.

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

(c) The DCS must act on behalf of those awaiting trial detainees and forward undue cases to the Magistrates.

(d) Independent Prison Visitors should act as the link between the offender, DCS and the Judiciary. It is the responsibility of the IPV to ensure that all cases are attended to.

(e) It is strongly recommended that the Legal Aid Board must have offices at Correctional Centres. This will address a lot of the problems the offenders are facing Le. the fact that they do not see their legal representative regularly and that they only see them in court.

(f) 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 Portfolio Committee met with both management and staff in both Correctional Centres to .address key concerns and problems. Most of the problems identified were common in the region. The following are some of the key concerns highlighted by managers and staff:

Much unhappiness was raised on this oversight visit, as on all other oversight visits, about acting positions. The process of restructuring was completed in 2004 and yet staff identified that there are still numerous problems with regard to the filling of posts. In some cases, staff are appointed to act in three (3) different positions without remuneration. Staff are not being paid the acting allowance that would be allocated to a financed post.

The Regional Commissioner said that restructuring has brought about 14 000 positions, that are not financed. He also stated that recruitment would take place during the 2005/6 and 2006/7 financial year. All critical posts will receive priority.

Comments and Recommendations

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 feedback from the Regional office with regard to the filling of critical positions.

(b) The DCS' Head Office will be called in to account to the Committee as to why numerous posts have not been fmanced and what action will be taken to address the situation, as this is a matter of grave concern.

5.2 Shortage of Professional Staff

The shortage of professional staff within prisons hampers the ability of DCS to fulfill its stated mandate of rehabilitation. Many DCS officials leave the Department in search of better work opportunities. 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.

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

The Portfolio Committee recommends as follows;

(a) That the DCS table a retention and recruitment strategy for all staff of DCS, not only professionals, before Parliament.

(b) The DCS should report back on measures, which have been initiated to speed up the recruitment process for professional staff.

(c) The Portfolio Committee should be provided with a list of all vacant positions within the DCS.

Staff were extremely dissatisfied with the current status of promotion. Staff also feel that there is no incentive for them to study while employed by DCS, as there is no link between further studies and promotion.

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 urges the DCS to develop a promotion policy for staff on lower levels. This will boost the morale of staff and at the same time enhance the rehabilitation of offenders.

Whilst many of the staff members understand the provisions and or procedures of the 7 day establishment, it has created many problems within their working environment.

When offenders go to court, there are not enough officials to assist with other duties. This also hampers the education programmes of offenders.

The 7-day establishment has also resulted in many officials taking sick leave and this also causes staff shortages. Staff also stated that the shortage of staff on weekends posed a security risk to both staff and inmates.

Staff within DCS is not adequately informed on key issues and developments within the Department. The staff feel 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. It also became clear that staff meetings are essential as many of the issues were clarified by the Regional Commissioner there and then. This will avoid unnecessary frustrations 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 nom 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. 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.

Staff was very unhappy about contributing to the Medical aid scheme as this now means that they take less money home and that the scheme has very limited allocations for various health areas. In the past, medical aid for staff was fully subsidised, but because the DCS always received a qualified audit report nom the Auditor General because of Medcor, the provisions had to be changed. Whilst many other government departmental staff contributed to their medical aid scheme, the DCS officials did not. This caused a lot of abuse of the scheme.

Comments and Recommendations

The Portfolio Committee was aware of the problems surrounding the medical aid scheme, but support the fact that DCS officials must contribute to the scheme as many other government officials.

(a) 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.

5.7 Education

Teachers, especially at the Thohoyandou Correctional Centre, 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) Portfolio Committee is aware that the Awaiting trial population at centres do not partake in any educational or recreational programmes whilst incarcerated. The Committee suggests that the DCS develop a programme that will involve ATD's in education or recreation. .

5.8 Transport

Many officials at both the Thohoyandou and Polokwane Correctional centers complained about the non availability of transport, especially for attending funeral services of fellow colleagues or attending sport events of the DCS.

Staff also complained that this issue makes it extremely problematic for night shift workers, those working in rural areas and those living in areas 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 systems 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 Portfolio Committee recommends that the transport policy of the DCS be revisited so as to allow transport especially for those working night duties. This should be prioritised in the rural areas.

5.9 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.

5.10 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.

Staff also complained that some officials are allowed to have their mobile phones with them, whilst others are not.

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.

The Committee was informed at the Thohoyandou Correctional Centre that the tariff for night shift duty is only R 1.33c per hour. Staff 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.

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

5.12 Facilities

Staff mentioned that because the structure of Correctional Centres, there is not enough facilities, such as classrooms to facilitate educational programmes.

Other facilities, such as the accommodation facilities for officials are old and not in a good condition.

Comments and Recommendations

(a) The Committee strongly recommends that more classroom facilities are provided. This should be seen as part of the Rehabilitation role of the centre.

(b) The Portfolio Committee is aware that all maintenance and repair work of all government buildings are done by the Department of Public Works, but that the DCS look into the possibility of using its own labour force (inmates) to do minor maintenance and repair works.

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. In addition, it was noted that some members in senior management positions are themselves ill-disciplined and corrupt.

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:

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(a) 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.

(b) The DCS staff should disclose all instances of corruption and ill discipline amongst fellow colleagues and managers. Staff can also report such instances to the Portfolio Committee.

In conclusion, the Portfolio Committee on Correctional Services is very proud of

the Limpopo region in all the efforts that management and staff make to function in a better environment. The high number of awaiting trial detainees remains a concern to the Portfolio Committee and officials are urged to do everything in their power to assist those who are incarcerated unnecessarily. The Committee applauds the officials for a job well done in those difficult circumstances. The Portfolio Committee on Correctional Services will monitor measures to implement the recommendations outlined in this report and" will meet with the Regional Commissioner on a regular basis.

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