It is particularly important that the Budget process which is critical in determining how we treat prisoners in our country is subjected to a transparent process in which role-players can have their say. This is in the interests of everyone, not only offenders and those who are directly involved in the correctional services systems. In order to address the crime situation in our country it is very important to ensure that we have a correctional service that treats offenders humanely in a safe environment and that we take measures to ensure that we return to our society rehabilitated offenders who can live with dignity.

This is a significant Budget as it seeks to implement further many of the direction and policy changes that were identified in the February 2005 White Paper on Correction in South Africa (the White Paper).

Whilst in the past the Commissions' focus areas that guided our work were alleviating poverty and addressing inequality, it was decided in February 2005, during the Commissions annual Strategic Planning to shift this focus to affirming dignity. The concept of dignity addresses both poverty and equality in a manner, which ensures that we focus on the most vulnerable in our society.

The mandate of the SAHRC

The South African Human Rights Commission (SAHRC) is one the institutions created in terms of Chapter 9 of the Constitution to support democracy in South Africa. The SAHRC is mandated by section 184 of the Constitution to:

(a) Promote respect for human rights and a culture of human rights;-

(b) Promote the protection, development and attainment of human rights; and

(c) Monitor and assess the observance of human rights in the Republic.

2. General Comments

There are two themes that run consistently through this presentation. The one relates to financial and human resource constraints versus the genuine will to address challenges within the correctional services. It is clear from the policy documents, the Strategic Plan and the Budget that the Department is committed to ensuring correctional services that ensures rehabilitation of offenders. However, as with so many of the challenges we face in this country, our will is limited by a lack of resources. The debate thus needs to be focused on exploring options that will ensure that we work more creatively within these limited resources.

The second theme relates to the necessity of ensuring that we have an integrated justice system that is truly integrated. Correctional Services is the receptacle of a society that has failed individuals or individuals who have failed society. Many of the challenges faced by the Department are not of their making but symptomatic of the society in which we live. These challenges are further exacerbated by the other parts of the criminal justice system that determine who will become the responsibility of the Department. It is thus critical that the Department works broadly with as many role-players as possible to address crime and the challenges within the system and society that lead to too many of our citizens being incarcerated in our prisons.

It is noted that the Departments Strategic Plan states explicitly that the Department will seek to set up a structured relationship with Chapter 9's. The Commission receives many complaints from prisoners. Many of these complaints relate to conditions in prison and these are referred to the Judicial Inspectorate with whom we share a good working relationship. Other complaints, relating to corruption are referred to the Public Protector. There are still however some outstanding complaints relating to children or matters concerning conditions in prison, which the Commission becomes involved in. The Commission thus welcomes the inclusion in the Strategic Plan of the further fostering of relationships between the Commission and the Department.

"A, Administration

Key departmental objective

A,5. To improve DCS service delivery through involvement in international arena, cluster management and parliamentary liaison

Strategy

A,5.4. Management of relationships with institutions supporting democracy and institutions responsible for oversight over DCS

Output Existence of a structured relationship between DCS and Chapter 9 and other oversight institutions

Strategy Implementation of Plan

Develop formal relationship between DCS and .Chapter 9 and other oversight institutions

Year 1 2006/7 Development of system for managed relationship and developed calendar / system for reporting "(Strategic Plan,35)

3. Conditions of detention that are consistent with human dignity

Our Constitution guarantees the right of every detainee to conditions of detention that are consistent with human dignity. Being sentenced to imprisonment is the punishment that is metered out, included in this is not conditions that are supposed to ensure further punishment. Rather, the purpose of imprisonment is rehabilitation of the offender in order that he or she may once again become a member of society. Conditions that do not ensure that the dignity of the prisoner is upheld will not ensure the rehabilitation of the offender.

Prisoners need to be held in prisons that ensure their personal safety, are not overcrowded, in which they receive nutritious meals, adequate medical treatment and can engage in programmes that will assist and equip them to be reintegrated back into society. This needs to take place within a context in which other government departments and society are supportive of the efforts of the Department.

"Everyone who is detained, including every sentenced prisoner, has the right:..to conditions of detention that are consistent with human dignity, including at least exercise and the provision, at state expense, of adequate accommodation, nutrition, reading material and medical treatment and to be communicate with and visited "

3.1. Safety in prisons

It is not consistent with our constitution that prisoners are subjected to conditions in prison that lead to unnatural deaths and assaults.

There were 75 violent unnatural deaths in our prisons during 2004/5 an increase from 43 in 2003/4. There were 2 320 assaults that took place in prisons which include both prisoners and staff as victims (Budget Vote 20, Correctional Services 2006/7).

The challenges of unnatural deaths and assaults is addressed in Programme 2 of the Strategic Plan:

"Programme 2: Security aims at ensuring a safe and healthy environment consistent with human dignity and ensuring the safety and security of staff and the public."

However, it is not clear from the Strategic Plan what methods shall be used to ensure that there is a reduction in the number of unnatural deaths and assaults that occur in prisons.

Whilst security can be improved through having more resources and personnel to address the situation, the security of prisoners should also be addressed through working with prisoners. Many inmates are imprisoned for violent crime that has been committed because the individual does not know how to use non-violent methods of conflict resolution. Conflict resolution and anger management needs to be addressed with these individuals. Living in overcrowded conditions does not assist the situation either. Thus, safety should be connected to the skills development needs of prisoners.

By ensuring skills development in the area of conflict resolution and anger management, a more long term response will be provided that will ensure that we have safer prisons.

b) Corruption

Corruption remains a challenge that must be addressed by the Department. The Commission receives a number of these complaints, which are referred to the Public Protector. Corruption compromises the safety of prisoners as well as the Departments staff. Corrupt officials need to be dealt with, as the presence of corruption within the correctional services system is particularly problematic as it sends out the message to prisoners that corruption and crime is acceptable.

c) Gangs

The presence of gangs in our prisons is an ongoing challenge. It is noted that the Strategic Plan makes specific provision for programmes that will address this issue.

3.2. Adequate accommodation a) Overcrowding

The Budget Vote states that through the programme for remission of sentences, 31 865 prisoners were released in the past year. The prison population as at December 2005 stood at 112 019. Bt December 2005, the awaiting trial population has also been decreased by approximately 5000 detainees to 44 259. However, of this number 12 000 are detainees who have been granted bail but cannot afford it. (Budget Vote 20, Correctional Services)

The Department has demonstrated a clear commitment to bring the number of detainees down. There is still a disturbingly high number of awaiting trial detainees, particularly those who cannot afford to pay bail. The Department needs to work closely with the Justice Department, magistrates, and police in order to ensure that the numbers of detainees awaiting trial and who cannot afford bail is reduced even further.

The conference held in September 2005, entitled "Conference to Develop Strategies to Combat Overcrowded Prisons", is an important initiative to reduce overcrowding. Further such initiatives are needed. The Department, together with the Portfolio Committee is encouraged to take the debate around overcrowding in prisons forward within the public domain. There is a need for a public debate on the usefulness of imprisonment for all crimes and what the possible alternative sentencing options are. The public needs to be engaged on this debate. The debate needs to take place away from the justifiable sensationalism that surrounds violent crimes that grab the attention of the media and the public. In these cases, anger and retribution shapes the responses by the public.

The Department is possibly one of the best placed role-players to give input based on their experiences of the usefulness and effectiveness of imprisonment and the impact that it has on prisoners. The Commission would be willing to work together with the Portfolio Committee and the Department in hosting such a public debate.

It is trite that building more prisons is not a solution-to overcrowding. Rather we need to develop integrated approaches to ensuring that we reduce the levels of crime in society. We need to explore sufficiently more options to incarceration in order to keep numbers down. Alternative sentencing options must be considered. Many of these options are linked directly to the general socio economic status of communities and the ability of society to ensure that offenders are provided with opportunities to live with dignity in order that there is no need to commit crime.

One aspect of the Departments' role is to ensure that offenders are provided with sufficient opportunities inside prison to increase their skills in order that they can live a productive life outside of prison and not resort to crime.

b) Minimum sentencing legislation

The impact of minimum sentencing legislation of increasing the prison population in the long term cannot be ignored. The legislation results in the turnover rate of prisoners within prisons being slowed down. The numbers of prisoners receiving lengthy prison terms is steadfastly increasing. Thus, other initiatives to reduce the prison population are being over taken by the effects of minimum sentences. Increasing pressure is being placed on the prison system. There is accordingly a need to holistically review the effects of this legislation and to ascertain its impact in addressing crime in the country versus the impact it is having on the prison system.

c) Alternatives to imprisonment - Parole

Programme 6:Social Reintegration focuses on preparing prisoners for release, effective supervision after release on parole and the facilitation of social reintegration into communities.

The Budget Vote 20 notes that the target of 35 probationers and parolees per supervision official has not been met. The current ratio is 41: 1. However, there are 1 116 vacancies that the Department intends filling over the medium term in order to reduce the desired ration further to 30: 1.

Thus, there is the commitment to address alternatives to incarceration but there are not enough resources.

The current personnel shortages must impact on the ability of the Department to provide effective support and supervision outside of prison. With such a large number of vacancies it is also questionable the extent to which the Department has experienced persons who can adequately supervise released prisoners. The Budget does not provide insight into the quality of the service that is provided and the context in which these services are provided. Thus, merely ensuring that there are adequate numbers of personnel to carry out the task does not automatically translate into quality services that ensure the effective successful social reintegration of prisoners into society.

More research need to be conducted in order that adequate indicators can be developed that will accurately determine the success of parole and probation programmes.

The community, civil society, traditional leaders and churches play a critical role in assisting with the reintegration of offenders into society. Again, we need to move beyond identifying potential role-players to ensuring that the joint or supportive interventions that are embarked upon produce the desired outcomes.

In addition, the Department needs to continue working through the Integrated Justice System and the Social Sector Cluster to develop and support its programmes in this area.

"Rehabilitation is completed only with the successful reintegration of offenders into the community in a manner which prevents recidivism. While circumstances that lead to the individual turning to crime in the first place are unchanged, and social development and moral regeneration of the community have not taken place, the tendency towards recidivism will remain high, despite correction and human development efforts by the Department of Correctional Services. From a DCS perspective. effective social crime prevention entail a close partnership between Government departments and between government and civil society in delivery on social justice and social cohesion," (White Paper on Correction 2005. 50)

3.3. Nutrition

The efforts of the Department in changing the prison diet and ensuring that three balanced meals are served to prisoners each day are noted. The focus on nutrition is important not only as a guaranteed constitutional right but also of ensuring the general health and well being of prisoners.

3.4. Medical treatment

The plight of prisoners who are HIV positive and their lack of access to medical treatment has remained under the spot light in the past year with the Supreme Court of Appeal decision in Magida vS (SCA Case No. 515/04). In this case. the SCA highlighted that conditions in prison are such that there is an increased risk of being exposed to opportunistic infections due to overcrowding and inadequate diet. The Court indicated that an accuseds' state of health must be taken into account as a relevant consideration in sentencing within the context of the conditions in prison.

This judgment will place increased challenges on the Department to ensure that its HIV/AIDS programmes and services. including an ARV programme is rolled out further to all offenders within the prison system.

4. Children in prison

The number of children in our prisons has decreased by approximately 25% in the past year. Children in prison declined from 3 035 in February 2005 to 2 204 in August 2005. Of these children, 1 047 are sentenced prisoners and 1 160 are unsentenced prisoners. (CSPRI Newsletter January 2006)

The Child Justice Bill is still not completed. The Bill seeks to protect the constitutionally guaranteed rights of children by ensuring that children are not placed in prisons except as a measure of last resort. The Bill will provide for diversion programmes. more sentencing options and alternatives to imprisonment within a restorative justice model. This Bill is urgently needed in order to provide a sustainable long-term response to children who are in conflict with the law. Unfortunately. past experience indicates that where the number of awaiting trial child detainees are dealt with on an ad hoc basis then the numbers tend to increase again over time.

It must be acknowledged that the Department is the receptacle of court decisions that place children in prison as pre trial awaiting detainees. However. it highlight the necessity for inter departmental cooperation and initiatives to ensure that the number of unsentenced children is further reduced.

Section 28(1) (g) of the Constitution states that:

"Every child has the right not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be

(i) kept separately from detained persons over the age of 18 years; and

(ii) treated in a manner, and kept in conditions, that take account of the child's age;

5. Conclusion

Although reports indicate that crime statistics are coming down, we still have a serious crime problem in South Africa. Coupled with this, we also have a very high recidivism rate. (The current recidivism rate is estimated at 75 - 80% (NICRO Annual Report 2004/5, government sources place the rate at 60%).

In reality, it is going to be difficult, if not an insurmountable task, to address the challenges that are facing correctional services. As a nation, all role-players need to commit with ongoing energy and vigour to debate issues around the causes of crime. Whilst the Department and key role-players may have the best intentions to do things, they will be continuously be constrained until we address crime in a manner that will lead to the further reduction of crime and violence in our country.

A civilization is judged by how it treats its prisoners. " Winston Churchill