PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES 29 AUGUST 2006 PRESENTATION: PUBLIC SERVANTS ASSOCIATION (PSA)

Rights and privileges of inmates in South African Correctional Facilities

INTRODUCTION

The Department of Correctional Services has a mandate to protect society by detaining prisoners in safe custody with the aim to rehabilitate these inmates in order to successfully re-integrate them into society upon the completion of their sentences.

The White Paper of Correctional Services further emphasizes the focus on rehabilitation vis-a-vis the traditional punitive approach. This mandate is supported by PSA members, and the successful execution of this mandate will greatly contribute towards the enhancement of the morale of DCS employees.

RIGHTS AND PRIVILEGES OF PRISONERS

All South Africans have basic Human Rights which are entrenched in the Bill of Rights which forms part of the SA Constitution.

These rights apply to all people, including prisoners. Rights such as the right to life, the right to personal dignity and the right to fair treatment by the State are therefore guaranteed.

The introduction of these rights however, have also placed a tremendous responsibility on the State, especially on the executing authorities within the criminal justice system. It brought about a significant shift in focus, with a great impact on the operations of the State Departments in this cluster.

It therefore also had a great impact on DCS Employees, from whom it is required to approach and execute their task in a different way. This new dispensation also had a great influence on the attitudes of inmates in correctional facilities, which is not always positive, results in physical and psychological DCS effects

However, DCS employees in general responded positively, and adapted well within this new dispensation. Most PSA members are looking forward to overcome the challenges as outlined within the White Paper.

Although most employees are sensitive to the rights of prisoners, they are not always able to ensure that these rights are not infringed upon, mostly due to practical reasons. The overcrowding of correctional facilities proves to be a major obstacle in this regard. Overcrowded facilities are difficult to maintain, and in general the living conditions in such facilities are poor. It is also extremely difficult to protect inmates from each other. Gang activities in these institutions are also rife. Young awaiting trail prisoners are the most vulnerable in these institutions.

This situation obviously have a negative impact on the morale of employees who cannot effectively execute their duties, due to circumstances beyond their control. Little

effective rehabilitation therefore takes place in these institutions. Furthermore, overcrowding poses safety risk for DCS employees who are being attacked, maimed and killed.

EFFECTIVE REHABILITATION

Persons who resort to criminal behavior have mostly one thing in common namely disrespect for others people's rights, for authority, as well as for the norms of society in general.

The foundation of rehabilitation therefore lies in the ability to engender a culture of respect among inmates. Prisoners should therefore be taught that a society based on Human Rights, can only function successfully if the people in that society, also embrace the moral standards. The most basic of these moral standards, is to respect their fellow citizens and their rights.

However, due to various socio-economic factors, the frame of reference in terms of respect for the norms of society is almost non existent amongst inmates. It will therefore prove to be a mammoth task to instill a culture of respect amongst the prison population under the current prison conditions.

The Department of Correctional Services have developed various programmes which complement each other towards the attainment of the ultimate goal of re-integrating rehabilitated inmates back into society. Various training and skills development programmes, as well as behavioral adjustment programmes are available. These progressive programmes are also mostly based on internationally recognized corrective principles.

As mentioned above, there was a definitive shift in focus to these progressive corrective methods, as opposed to the previous punitive system.

There is however, a growing consensus amongst DCS-employees that the over emphasizing of these programmes have not delivered the expected results. The perception is that inmates have mostly experienced this new approach as an opportunity to challenge the correctional system, to the detriment of discipline within correctional facilities. The current disciplinary measures for inmates available to Correctional Authorities are perceived to be totally inadequate. Although these measures may prove to be effective in countries such as Germany and Sweden, it doesn't always have the desired effect in the case of South African inmates. Some practical examples are the following:

· If an inmate misbehaves, certain of his/her privileges may be taken away as punishment. However, inmates who haven't received any correspondence for the past five years, may not feel punished if his/her right to write or receive letters are taken away.

· A prisoner with no money will be equally unimpressed if his/her right to purchase items from the kiosk is taken away for one moth.

It is common knowledge that recorded disciplinary action against offenders, have little impact for example on decisions to grant parole to such inmates. There is therefore no real fear for these types of punishments, as they have little impact on the individuals concerned.

There are also certain anomalies within the disciplinary system. An inmate may be disciplined if caught with pornographic material, but are allowed to see pornographic movies on e-tv over weekends.

PROPOSAL

In the light of the preceding paragraphs above, the PSA would like to propose that the current rehabilitation programmes be reviewed in order to successfully rehabilitate offenders. It is imperative that a balanced approach be followed.

In order to instill respect for our democracy and a human rights culture, rehabilitation programmes should also place an emphasis on the individuals' responsibilities within society