DEPARTMENT OF CORRECTIONAL SERVICES IMPLEMENTATION

OF THE RECOMMENDATIONS OF THE JALI COMMISSION OF

INQUIRY ON SYSTEMS AND POLICIES

 

ITEM

DCS COMMENTS

1.   HISTORICAL BACKGROUND

 

Finding

 

  1. Unions had dominance over Management of the Department over a period of time.

 

  1. Popcru code-named operations destabilised the department.

 

  1. Secret meetings were held by certain senior managers with Popcru to discuss a variety of issues including recruitment, promotions, etc.

 

  1. The prevailing culture had bad effect to correctional centre environment.

 

  1. DCS approach to transformation / demilitarization was also not managed properly.

 

Recommendations

 

  1. Department should develop a strategy to deal with issues that led to emasculation of departmental Management including the following: 

 

-          Appointments made due to union influence.

-          Failure to attract external skills.

-          Ineffective transformation.

-          Ineffective disciplinary code.

·                     The issues referred to in the Commission’s report took place before the appointment of the current Commissioner and most of his Management Team.

 

·                     Nevertheless, Management under the leadership of the current Commissioner has worked tirelessly to restore good governance and to bring transformation process in the right track.  Some of the strategies that were adopted to ensure this include the following: 

 

-                    DCS project gearing DCS for rehabilitation.

-                    Restructuring in terms of Public Service Sectoral Bargaining Council Resolutions 7 & 8 of 2002.

-                    Development of the White Paper on Corrections as approved by Cabinet in February 2005.

-                    Development and implementation of a comprehensive Integrated Human Resource Strategy.

-                    Overhauling of the Department’s Human Resource Development Strategy to capacitate employees on the new strategic direction.

-                    Revision and adoption of a new Disciplinary Code and Procedures.

-                    Adoption of an anti-corruption strategy as approved by Cabinet in 2002.

-                    Development of a fraud and corruption prevention strategy.

-                    Introduction of a Risk Management System.

-                    Development of an Ethics course in partnership with SAMDI on which most officials and managers have been trained.

 

·                     Most of the managers who according to the Commission were appointed as the result of the undue union influence are no longer in the employ of the Department. 

 

·                     With regard to those officials who are still employees, the Department as an employer can only take actions based on concrete and justifiable evidence with regard to the kind and extent of irregularities committed to justify any course of action the Department, may deem fit. 

 

·                     Quite a remarkable progress has been made in recruiting skilled and competent managers from outside the Department. 

 

·                     The Disciplinary Code and Procedure have recently been reviewed to enhance its effectiveness.  The only current challenge is to ensure that management at all levels embrace and implement the transformational initiatives and standards that have been introduced. 

2.   TRADE UNIONISM

 

Findings

 

  1. The majority of senior management belong to unions.

 

  1. Conflict of interest in decision making is rife due to union affiliation.

 

  1. Agency shop agreement fee paid by non-union officials was found to be higher than the subscription fee in contravention of the LRA.

 

Recommendations

 

  1. Creation of a separate Bargaining Unit for Senior Management (SMS) members.

 

  1. The Department should include a clause on prevention of conflict of interest in contractual agreement with SMS members.

 

  1. A separate Union / association for SMS should be explored.

 

  1. Discrepancy between agency shop agreement and the Labour Relation Act (LRA) should be addressed (non-union members were found to be paying an agency shop agreement fee which higher than the normal union subscription fee and this was in contravention of the (LRA)).

·                     Issues relating to bargaining are not under the direct control of the Department as the Department is subject to the policy guidelines as set by the Department of Public Service and Administration in dealing with such matters.  All these Issues are already being addressed by the Department of Public Service and Administration. 

 

·                     In terms of the DPSA policy guidelines on the establishment of the senior management service the establishment of a professional association for senior management and the removal of all conditions of service of senior managers and / or executives from the ambit of the Public Service Coordinating Bargaining Council (PSCBC) so as to eliminate the possibility of conflict of interest will be consulted with the Unions in the PSCBC. 

 

·                     At this stage only matters pertaining to salary have been removed from the PSCBC normal bargaining processes and they are handled separately in terms of the Ministerial determination.  Other conditions of service have not yet been removed. 

 

·                     The creation of a professional association is still being investigated and not yet finalized.  Any action that the Department as an employer may therefore envisage with regard to these matters will have to be informed by the final decision taken by the DPSA with regard to the broader public service.

 

·                     The problem relating to Agency Shop Agreement fee has been resolved in that the original quantum placed on non-union members has been reduced to be consistent with Section 25(3) (i) of the Labour Relations Act, Act 66 of 1995. Currently, the Agency Fee amounts to R39.50 per month.

 

·                     In order to manage employee relations more effectively the Department has embarked on a comprehensive Relationship Building by Objectives (RBO) exercise in all six Regions involving its Regional and local managements as well as the Regional, provincial and local managements of both the recognized labour unions, POPCRU and the PSA. The process is nearing completion and a last National session to consolidate the whole RBO process is planned before the end of November 2006.

 

·                     The emphasis of the RBO is to eliminate conflict between DCS Management and Unions and to get all parties to work together to enhance labour peace within the framework of RSA labour legislation and within the ambit of mutual respect and honouring the roles of the respective parties. The RBO process should assist to empower and equip managers to deal with unions and its members more effectively.

 

·                     In addition, the DCS has revised the Relationship (recognition) Agreements between the DCS and the recognized unions. In doing so Labour Relations Forums are to be launched in all Regions and Management Areas.

 

·                     The purpose of these Labour Relations Forums is to improve communication, cooperation, transparency and general relations between management and labour at all levels.

 

·                     To date, all the Regional Labour Relations Forums and most of the Management Areas Labour Relations Forums have been launched.

 

·                     Ministerial Labour  Consultative Forum has also been established

3.   GANGSTERISM

 

Findings

 

  1. Practice rife in most correctional centres investigated.

 

  1. Some officials are also involved in promoting this practice.

 

  1. There was found to be a link between street and correctional centre gangs (Western Cape).

 

  1. The department lacks effective strategy to deal with gangs.

 

Recommendations

 

  1. Classification & separation of first offenders from repeat offenders and / or gang members should be considered.

 

  1. Comprehensive research should be conducted on gangs in consultation with NGO’s, SAPS and NIA.

 

  1. Comprehensive database on gang members should be kept.

 

  1. The Department should institute disciplinary actions against officials promoting gangs by making use of relevant legislation and disciplinary code.

·                  Most of the Commission’s recommendations are in line with the strategies which are envisaged by the Department in terms of dealing with the problem of gangs.   The Department’s intention in this regard is covered both in the White Paper on Corrections and the Strategic Plan document. 

 

·                  As part of the holistic approach to corrections the department has introduced the Offender Rehabilitation Path (ORP) as an integrated mechanism to take the offender from admission to release and into after care to ensure rehabilitation.

 

·                  This enables every offender to go through an assessment and awareness process where he / she is orientated on the culture of correctional centre life and its potential dangers and pitfalls as well as the opportunities and resources available to make a new beginning.

 

·                  This process enables offenders to be aware of the dangers attached to the phenomenon of gangs and also to a large extent helps in the identification of gang members or inclination towards such behaviour.

 

·                  The ORP process also includes a profiling phase which details the offender’s background, attributes, abilities and so on. This process assists in the categorization and possible separation of offenders according to their profiles and danger they pose to other offenders, public and officials.

 

·                  The thrust of the ORP is development, care and corrections programmes which will then ensure that the offender is exposed to preventative and correcting programmes. For instance psychosocial programmes focus on the therapeutic and correcting element while skills development and formal education programmes focus on the preventative element.

 

·                  The tools to implement the ORP such as the admission and profiling forms have been completed and approved.

 

·                  The department conducted some road shows at the centres of excellence as an introduction towards implementation. Intensive training and capacitating personnel at centre level now has to commence.

 

·                  Training needs have been identified and consultations for the commencement of the training process are underway.

 

·                  Current policy of DCS prescribes that, inter alia, the following offenders must be separated:

    • First offenders must be separated from hardened criminals which include gang members.
    • Gang members must also be identified and where possible be detained in separate cells.

 

·                  The protection plan of DCS which was approved in July 2005, inter alia, requires of Heads of Correctional Centers to identify and separate different risk categories of offenders such as:

    • Aggressive inmates
    • Vulnerable inmates
    • Gang leaders
    • Gang members
    • High risk awaiting trial detainees

 

·                  The protection plan further provides for the identification of gang leaders / prominent members of crime syndicates (including high risk awaiting trial detainees) in conjunction with the SAPS and their transfer to secure Centers away from their base of power.

 

·                  With the implementation of the Protection Plan, DCS managed to reduce gang related assaults from 93 in 2004 to 28 in 2005 (reduction of 69%).

 

·                  The Department has already both on National level as well as on Regional level in the Western Cape Region done extensive research on gangs in Correctional Centers.

 

·                  The Department is now in the process of appointing a consultant who will be responsible for the consolidation of all research material and the development of appropriate anti-gang strategies in consultation with all role-players.

 

·                  The development of a database on Correctional Centre gangs will form part of the anti-gang strategy.

 

·                  The current disciplinary code of DCS is sufficient to deal with officials who promote gangs and who are involved in gang activities.

4.   RECRUITMENT / MERIT AWARDS

 

Findings

 

  1. Malpractices and irregularities were rife during recruitment drives including merit awards.

 

  1. Findings focused on Western Cape, Eastern Cape and KwaZulu/Natal.

 

  1. There is a multiplicity of recruitment documents regulating procedures.

 

  1. Some Heads of Recruitment Centres were not properly trained.

 

  1. Some members were appointed with fraudulent qualifications – (14 members in KZN).

 

  1. Findings of Public Service Commission (PSC) were not implemented.

 

  1. Lack of capacity within the Department to deal with recruitment.

 

 

Recommendations

 

  1. All recruitment processes should be outsourced or managed under the supervision of the PSC.

 

  1. Recruitment guidelines should be consolidated into one document.

 

  1. Compliance with merit award procedure manual must be ensured.

 

  1. Disciplinary / Criminal actions were recommended against officials who were found to be involved in recruitment irregularities.

 

 

·                  In terms of the Public Service Act, 1994 and Regulations as well as the Correctional Services Act, 1998 the recruitment and appointment of staff is falling within the authority and jurisdiction of the executing authority and the Head of the Department.  By necessary   implication, the provisions of the aforesaid legislation leave the management and control over such matters to the Minister and the Head of the Department, which in this instance, is the Commissioner.  It is therefore the prerogative of the Minister and the Commissioner to decide how to deal with matters pertaining to recruitment.  The Department on its own accord has already decided to partly outsource some of the recruitment processes.

 

·                  The Draft Recruitment, Transfers and Terminations Policy has been developed and is ready for consultation and will be followed by the development of the consolidated procedures for the implementation of the policy.

 

·                  The Department also developed and implemented proper preventative measures with regard to the granting of merit awards.  The following procedures now form part of the annual moderation procedures of assessments and recommendations for incentives:

 

-        Checklist which needs to be completed by the Secretary of    the Moderating Committee prior to moderation whereby all        required assessment documents are certified to be             corrected and in order.

 

-                Checklist must be signed by Chair­person of Moderating Committee prior to moderation to grant ap­pro­val for moderation if all as­sess­ment documents are availa­ble and certified as correct.

 

-                An HR Audit process takes place after moderation of all recom­men­ded candidates for per­for­mance bonuses.  This Audit Report must be attached to the submitted recommendation for granting of performance bo­nu­ses.  The HR Audit Team focuses on availability of all assessment documents, the completeness of the documents, correct calcu­la­tion and allocation of points and meeting of the minimum per­for­mance rating (percentage) etc.

 

-                The approval of performance bonuses is vested in the CDC Corporate Services which includes a verification process of source document compliance and budget restriction per Branch / Region before approval.

 

-                The Chairpersons of Moderating Committees are 2 salary levels higher than the assessed candidate.  Chairpersons are responsible to appoint the Secretary of the Moderating Committee. 

 

·                  The Chairpersons ensure that Secretaries keep proper minutes in respect of all moderated candidates.  The Chairperson and Secretary of the Moderating Committee are not involved on the granting of merit awards and this function is the responsibility of HR Managers at Regional and National level.

 

·                  The Chairpersons and Secretaries of Moderating Committees are orientated on an annual basis prior to moderation events to ensure compliance with Policy and Procedures of the Performance Management System.

 

·                  Recommendations regarding disciplinary actions are in the process of being implemented as part of the rest of the misconduct matters.

 

 

5.   CORRECTIONAL CENTRE SECURITY

 

Findings

 

  1. Involvement of officials in escapes was found to be rife in certain Management Areas (especially Johannesburg).

 

  1. A syndicate of officials was operating at Johannesburg Correctional Centre which was involved in aiding and abetting escapes.

 

  1. Culprits we found to have operated with impunity.

 

Recommendations

 

  1. Use of technological equipment in correctional centres should be enhanced.

 

  1. Reward system should be introduced for offenders and officials reporting planned escapes.

 

  1. Profiling and categorization of offenders should be done to identify offenders with escape inclinations.

 

  1. Training of officials in the prevention of escapes and consequences for aiding escapes.

 

  1. Disciplinary / criminal actions should be taken against implicated officials.

 

·                     All the security measures recommended by the Commission are in line with the Department’s current approach in enhancing security within correctional centres.  The proposal of the outsourcing of the Department’s security function is not a good idea as safe custody is one of the Department’s core functions. 

 

·                     The Management of the Department is well aware of the challenge facing the organization in terms of enhancing the security function.  The adoption of the minimum security standards, upgrading of correctional centres’ physical security, integrity testing of staff, and the continuous retraining of staff, particularly front line staff is aimed at effectively addressing this gap.

 

·                     The new officials are perceived as targets by offenders who are escapees. The new officials are sensitized during the basic training at the colleges about the possible risks and the consequences thereof. There is also a module that describes the types of offenders that the officials will be working with.  Added to this the Code of Conduct is also included as a study unit to emphasize the responsibility of a correctional official within the work environment.

 

·                     DCS has also introduced Inmate Tracking Technology at Johannesburg and Durban Westville Correctional Centers.

 

·                     The installation of integrated technological system has been introduced at 66 Correctional Centre to enhance security within the department.

 

·                     Security fences with detection, CCTV coverage and sufficient security lighting is currently being installed at 47 Correctional Centers.

 

·                     The Department has a reward system for both offenders and officials which makes provision for incentives for the reporting of security breaches and planned escapes.  This system is currently being reviewed and developed and is in the process of consultation.

 

·                     The ORP as referred to above will also play a major role in the assessment and profiling of offenders with subsequent categorization and accommodation in institutions that can contain the risks posed by inmates.

 

·                     A risk and needs assessment profiling system and tools have been developed and are in the process of implementation as part of the ORP.

 

·                     Officials are trained during Basic Training regarding the consequences of escapes and aiding of escapes and they are on a regular basis sensitized in this regard during personnel meetings at Correctional Centre level.

 

·                     The National Escape Prevention Strategy which was approved in August 2005 empowers Heads of Correctional Centres and security personnel regarding actions to be taken to reduce escapes.

 

·                     It is standard procedure that whenever officials are involved in escapes due to negligence or aiding of escapes, investigations must be conducted so that appropriate disciplinary including criminal actions may be taken against such officials.  DCS has established a Departmental Investigation Unit as well as a Directorate Code Enforcement which enforce this process.

 

·                     The Department has also developed and introduced an ethics and anti-corruption course in consultation with SAMDI which is presented by SAMDI to the officials.

6.   TREATMENT OF OFFENDERS

 

Findings

 

  1. Arbitrary detention of offenders in single cells as punishment was found to be a practice in some centres.

 

  1. Detention conditions at the C-Max facilities were found to be inhuman.

 

  1. Non-compliance with legislation i.t.o three (3) meal system was found to be a problem.

 

Recommendations

 

  1. The Department should formulate offenders’ disciplinary code which is consistent with human rights culture and natural justice principles.

 

  1. Officials / chairpersons of disciplinary tribunals should be trained in human rights and conflict resolution skills.

 

  1. The Correctional Services Act, 1998 provisions that deal with disciplinary procedures and detention in single cells must be amended.

 

  1. The C-Max concept and principles must be amended.

 

  1. The Department must ensure compliance with Section 8(5) of the Correctional Services Act (three (3) meal system).

Disciplinary Code

 

·                  Following the promulgation of section 24 of the Correctional Services Act 1998, (Act 111 of 1998) at the end of 2001, there was a need to revise, amend and align existing Disciplinary Procedures with Chapter 2 (Bill of Rights) of the Constitution of the Republic of South Africa, Act 108 of 1996 and the amended sections 22; 23; 24 and 25 of the Correctional Services Act 1998, (Act 111 of 1998).

 

·                  A draft Disciplinary Procedure and Code for offenders was formulated and consulted with relevant role players including the Office of the Judicial Inspectorate.

 

·                  Feasible inputs/ comments were incorporated into the draft which was later approved as a working draft document in October 2003.

 

·                  The approved Disciplinary Procedures and Code for offenders was made available to Senior Managers of the Department and was distributed to all Heads of Correctional Centres to communicate to all officials and offenders.

 

·                  Training Manual in the Disciplinary Procedures and Code for offenders was developed and approved. 317 officials from Regions were trained during 2003 as Presiding Officers and Case Initiators. It is expected of the trained officials to further train other officials at the operational level.

 

Single Cells

 

·                  When offenders are placed in single cells for disciplinary infringements this is always done within an approach where human dignity is upheld and consideration is given to health and psychosocial issues.

 

·                  The attitude is always that the separation is for the purpose of correcting offending behaviour and the offender is in the process given the opportunity to reflect on the offending behaviour.

 

·                  Such separation from the rest of the inmates should not be for longer than 30 days and the offender should be checked on regularly as stipulated procedures.

 

·                  Single cells are also utilized for purposes of offenders who need to study and for protection of vulnerable offenders.

 

·                  These facilities continue to be necessary within the correctional system for offenders who are a dangerous threat to themselves, others and to society.

 

·                  These offenders are closely monitored and assessed regularly and must be moved to other centres as progress is made in correcting behaviour.

 

C-Max Facilities

 

·                  C-Max facilities serve as an intervention for the correcting of offending behaviour.  Only offenders who has committed very serious crimes and who continuously pose a danger to the public, officials other inmates and to themselves are incarcerated in these institutions.

 

·                  Such offenders are subject to assessment and profiling similar to other offenders in relation to the ORP with the purposes of influencing behavioural change. Care and other correctional programmes are always accessible to such offenders such as health care, psychosocial and spiritual care services.

 

Three meal system

 

·                  Progress has been made in implementing the three meal a day system:

-  The Department has outsourced inmates catering service at seven (7) big Management Areas to a Private Company to ensure compliance with Section 8 (5) of the Correctional Services Act.

-  The Department will be in a position to strictly comply with the Act in other Centres/ Management Areas as soon as the seven (7) day establishment is fully implemented.

-  In the interim, some management areas have instituted internal systems such as staggered meals or specific time slots for particular meals which are at intervals of 3 ½ hours from each other. A packed meal is served for supper where resources are limited and overcrowding is a challenge.

The following are some of the challenges faced by the Department in this regard:

-  Overcrowding which poses a security risk.

-  Lack of adequate human resources.

-  Lack of adequate facilities.

-  Every attempt must also be made to ensure that meals are given in accordance with prescribed diets according to the Therapeutic Diet Manual.

7.   SEXUAL VIOLENCE IN PRISONS

 

Findings

 

  1. The practice was found to be rife in correctional centres.

 

  1. Both inmates and officials involved in the promotion and perpetuation of this practice.

 

  1. Specific reference made to Grootvlei incidents / cases.

 

  1. SAPS investigation not yielding desired results due to interference by officials who are implicated in such practices.

 

Recommendations

 

  1. Officials must be trained in human rights.

 

  1. There must be profiling and proper separation of offenders to protect the vulnerable ones.

 

  1. Rehabilitation programmes should be provided to both perpetrators and victims of sexual violence.

 

  1. Proper investigations must be ensured through the prevention of undue interference with SAPS cases.

 

  1. Disciplinary / criminal actions must be instituted against officials implicated in the findings.

 

·                  All newly appointed officials are sensitized during the basic training at the colleges about the types of offenders they will be working with and Human Rights training forms part of the orientation and training of officials.

 

·                  The Departmental Code of Conduct is also included as a study unit to inculcate the acceptable values they are expected to embrace including the types of relationship they are expected to have with inmates and all stakeholders.

 

·                     As mentioned above, the ORP process will be the mechanism utilized to identify both vulnerable offenders as well as offenders inclined towards sexual violence and appropriate programmes will be implemented.

 

·                     Psychologists doing compulsory community services have been employed to boost the psychological services available.

 

·                     Psychological and social work programmes on sexual violence are being presented to a limited extent.

 

·                     A rape protocol and procedures for the provision of post exposure prophylaxis have been developed, approved and disseminated.

 

·                     The Department forms part of the Interdepartmental Management Team (IDMT) which focuses on the National Anti–Rape Strategy that addresses all forms of sexual violence.  The Anti-Rape Strategy has three pillars namely, prevention, response and support.  The Department has professionals such as social workers, psychologists, etc. who deliver services around these three pillars.

 

·                     The Department has further entered into an Operational Agreement with an external service provider, Centre for the Study of Violence and Reconciliation (CSVR), to conduct a survey on sexual violence at Boksburg Youth Centre. Correctional officials were involved in the survey process. Their involvement has exposed them to knowledge of what is happening in this specific youth facility with regard to sexual violence.

 

·                     The sexual offences treatment programme that could be implemented by correctional officials with necessary training has been designed.   

 

·                     As part of awareness campaigns, offenders are amongst others, actively involved in the commemoration of 16 Days of Activism on No Violence against Women and Children.

 

·                     The Protection Plan of DCS which was approved in July 2005 empowers Heads of Correctional Centers and security officials to ensure the safety of offenders and to reduce sexual violence in Correctional Centers.

8.   PAROLE

           

Findings

 

  1. No major irregularities and / or corruption were uncovered.

 

  1. Unfettered discretionary powers by Department’s officials (arbitrary decisions, i.r.o placement of offenders on parole) were found to be a problem.

 

  1. Commission raised concerns about arbitrary refusal of medical parole.

 

  1. There was lack of consistency in the application and interpretation of parole guidelines.

 

Recommendations

 

  1. Amendment of Correctional Services Act to make Parole Boards accountable to Minister only must be considered.

 

  1. Creation of an independent oversight body to monitor the work of Parole Boards should be considered.

 

  1. Medical parole guidelines should be made less stringent. 

 

  1. Application of guidelines consistent with the principles of the Promotion of Administrative Justice Act should be promoted (Chairpersons should give reasons for refusing parole).

 

·                  On 1 October 2004 the provisions of the new Correctional Services Act which regulate correctional supervision and parole matters was put into operation.  This led to the establishment of new Correctional Supervision and Parole Boards which are chaired by members of the community who are appointed on full time basis on a five year contract. In addition, each board also has 2 representatives from the community on a sessional basis.

 

·                  The Vice-Chairpersons will also be appointed from the community. This process is currently underway and gross lists are being finalized.

 

·                  These Boards function independently with regard to their decision making powers and cannot be influenced by any person who is not a member of the Board.

 

·                  Parole Boards were established at all Management Areas and at some areas more than one Board was established. Currently there are 52 Parole Boards country wide.

 

·                  Parole Boards are bound by the Promotion of the Administrative Justice Act to provide reasons for any decision they take. This has been dealt with comprehensively during the training sessions and visits to Parole Boards and will also again be addressed during a National Workshop for Parole Boards scheduled for the week of 30 October 2006.

 

·                  Decisions of Parole Boards are subject to scrutiny and any decision made by these Boards may be reviewed by the Parole Review Board.

 

·                  The Review Board was established to review decisions of Parole Boards where grounds for review have been identified. Practically it means that any party (including the offender) who is not satisfied with the decision of the Board may request the Minister/ Commissioner to refer the matter to the Review Board subject to grounds being identified for review. The Review Board may confirm or substitute the decision.

 

·                  Since its launch on 4 May 2006 the Review Board has dealt with 7 cases.

 

·                  Currently, members of the Review Board are appointed from members of the National Council for Correctional Services.

 

Medical Parole

 

·                  The current Act stipulates that an offender in the final phase of a terminal disease may be considered for placement on parole to die a dignified death.  The limitation placed on the medical parole guidelines is aimed at ensuring the safety of the public and the victims of the crime.

 

 

9.   CONVERSION OF SENTENCES

 

Findings

 

  1. Allegations were received from offenders regarding cases where officials demanded payment in return for conversion of sentences of imprisonment into correctional supervision.

 

  1. No substantive evidence was found to support these claims / allegations.

 

  1. Evidence about manipulation of the process by senior officials was however found in some centres.

 

Recommendations

 

  1. A survey should be conducted to establish how many offenders qualify for conversion of sentences and to ensure that such offenders were informed about the system / process.

 

  1. Section 276 A(3) of the Criminal Procedure Act should be amended to involve victims of crime in the process of conversion of sentences.

 

  1. A disciplinary enquiry was recommended against one senior official.

·                  At the request of the Minister, the Department conducted a country-wide survey to verify whether there was any backlog in the conversion of the offenders’ sentences of imprisonment into correctional supervision including placement of offenders on parole and medical parole.  The results of survey indicated that there was a backlog and the various Parole Boards are currently working on the cases that were identified as part of the backlog.   The Department’s approach in this regard was broader than the one proposed by the Commission.

 

·                  The proposed amendment of Section 276A (3) is already addressed by the provisions of Section 299A of the Criminal Procedure Act, 1977 with regard to which the Department has already compiled policy directives to regulate the implementation of the Act.  There is therefore no need for the amendment of Section 276A (3) of the Criminal Procedure Act.

 

·                  Directives to provide guidelines on Complainant (victim) involvement in Parole Boards were approved and published in the Government Gazette during April 2006. The Policy in this regard was also approved during August 2006 and the Policy Procedure Manual was submitted to Policy Co-ordination for principle approval.

 

·                  Parole Boards have already been trained on these guidelines and this aspect will again be dealt with during the national workshop for Parole Board Chairpersons as stated above.

 

 

 

 

·                  Recommendations regarding disciplinary actions are in the process of being implemented as part of the rest of the misconduct matters.

10.  THE JUDICIAL INSPECTORATE / OMBUDSMAN

 

Findings

 

  1. The exclusion of the office of the Inspecting Judge from the investigation of corruption limited the scope of the authority of the Judicial Inspectorate.

 

  1. The Act have rendered the office ineffective and a mere reporting body.

 

  1. The Department cannot investigate itself and there is need for an independent agency (Prison Ombudsman).

 

Recommendations

 

  1. Amendment of the Act to make it obligatory for Independent Prison Visitors (IPV’s) to deal with corruption matters should be considered.

 

  1. This amendment must also enhance the independence of the Judicial Inspectorate.

 

  1. The creation of an Ombudsman Office to deal with corruption issues should be considered.

 

 

·                  Independent Prison Visitors (IPV’s) do not possess investigative skills.  However, dealing with offenders’ complaints does not preclude IPV’s from reporting on corruption issues for further investigation by either the Departmental Investigation Unit or any other independent agency like SAPS, SIU and DSO. 

 

·                  In January 2002 the Cabinet approved that, as part of the implementation of the Public Service Anti-Corruption Strategy, a minimum anti-corruption capacity be established in all state departments.  The Department of Correctional Services has established a fully effective internal capacity for this purpose.  The Departmental Investigation Unit (DIU) has been centralised in order to ensure its effectiveness and impartiality in dealing with corruption cases.

 

·                  The Department has also concluded a memorandum of understanding with the SAPS, SIU and DSO to secure the intervention of these agencies in dealing with complicated corruption cases.

 

·                  The prevention and management of corruption has been entrenched as a managerial function and the Department’s strategy entail prevention and combating.

11.  OVERCROWDING

 

Findings

 

  1. Overcrowding is due to lack of planning for new laws (bail and minimum sentences).

 

  1. It is also due to lack of proper distribution of offenders in various centres.

 

Recommendations

 

  1. There should be a proper distribution of offenders in correctional centres.

 

  1. Goal returns must be introduced to enable the courts to intervene w.r.t awaiting trial detainees.

 

  1. A committee should be established to made recommendations and develop guidelines to the National Council of Correctional Services / Parole Boards regarding the release of offenders and regular amnesties.

 

  1. A Special Task Team of Lawyers should be established to deal with conversion of sentences in order to alleviate overcrowding.

·                     Some of the recommendations of the Commission may have been made from a position of not being properly informed about the initiatives the Department has embarked upon to address the problem of overcrowding.  These initiatives include the following:

 

-                      The management of overcrowding has been identified as a JCPS priority since 2002.

 

-                      An Interdepartmental Task Team was set up to consider causes of overcrowding and advise JCPS.  Monthly meetings are held to monitor and plan interventions regarding overcrowding with the focus on amongst others, ATD’s, children, bail and a checklist was developed for operational management.

 

-                      A research project is in process to develop an offender population projection model which is being tested at the Modderbee Correctional Centre in Benoni.

 

-                      In 2004 during his Budget Vote Speech the Minister of DCS introduced a 8 pronged strategy of DCS into the management of overcrowding.

 

-                      A second part of the programme of the Interdepartmental Overcrowding Task Team was integrated into the Case Management Task Team in early 2004.

 

-                      The DCS Risk Management process identified overcrowding as one of the significant risks in DCS which should be continuously monitored and progress in this regard in reported on a quarterly basis.

 

·                     The management of overcrowding has been divided into two focus areas, which include ATD’s and sentenced offenders:

 

-  On the DCS risk management plan for 2004/5 the management of ATD’s was ranked no 4 and the management of sentenced offenders was ranked no 11.

 

-  The DCS National Overcrowding Task Team was established to deal with these risks. They meet every 2 months and have developed national frameworks, implementation plans, monitoring tools for both focus areas for Regional implementation of the risk mitigation plan on overcrowding.

 

·                     On the DCS risk management plan for 2006/7 the management of ATD’s is now ranked no 5 and the management of sentenced offenders is now ranked no 23.

 

·                     The issue of amnesty as referred to by the Commission is not under the control of the Department as it is the President’s prerogative in terms of Section 84 of the Constitution. 

 

·                     The issue of the proposed goal returns is, to some extent addressed by the provisions of Section 63A of the Criminal Procedure Act.  The application of Section 62(f) of the Criminal Procedure Act may also address the need expressed by the Commission.

 

·                     The Management of Remand Project has also been developed to enhance the management of awaiting trial detainees.

 

 

12.  ABUSE OF POWER

 

Findings

 

  1. Some senior officials were found to abuse power by subjecting junior female officials to sexual harassment (3 cases).

 

  1. Transgressors were acting with impunity.

 

  1. The complainants’ cases were handled unfairly.

 

Recommendations

 

  1. Supervisors must be trained in sexual harassment policy.

 

  1. Disciplinary actions were recommended against alleged transgressors.

·                  The Sexual Harassment Policy as it currently exists in the form of the DBC Resolution 6 of 1999 is to be incorporated in the new Employment Equity Policy.  Once the policy has gone through the policy development and consultation process and has been approved, there will be extensive training regarding the policy as part of the policy implementation plan.

·                  Recommendations regarding disciplinary actions are in the process of being implemented as part of the rest of the misconduct matters.

 

13.  DISCIPLINARY ENQUIRIES

 

Findings

 

  1. DCS disciplinary system was found to be not effective.

 

  1. Chairpersons and initiators not held accountable for not dealing with cases appropriately.

 

  1. Cases not dealt with and finalized within the set time frame.

 

  1. Officials only charged in terms of the Disciplinary Code list of offences.  List of disciplinary offences seemed to be regarded as alpha and omega; offences beyond the list seemed to be not receiving attention.

 

Recommendations

 

  1. DCS must outsource the enforcement of the disciplinary code or be entrusted to the Public Service Commission.

 

  1. Officials (chairpersons & initiators) must be trained in labour law principles.

 

  1. DCS must amend its Disciplinary Code to address current shortcomings.

 

·               The enforcement of discipline is considered as an integral part of management line function and it is the responsibility of managers at all levels to enforce discipline.  The Department cannot afford to outsource this function.  Furthermore the Department is bound by the Bargaining Council agreement to deal with disciplinary cases internally.

 

·               However with regard to cases relating to senior management, the Department from time to time source services of external individuals for handling of such cases.

 

·               The Management of the Department was well aware of all the shortcomings referred to in the Commission’s report and this is exactly what led to the recent review of the Disciplinary Code and Procedure. 

 

·               The latest Disciplinary Code and Procedure addresses most of the concerns raised by the Commission. 

 

·               The training of chairpersons and initiators of disciplinary hearings is done on a continuous basis to keep such officials up to date with labour laws principles.

14.  OVERTIME POLICY

 

Findings

 

  1. The Department did not implement the Public Service Commission findings and recommendations on the management of overtime.

 

  1. Lack of proper implementation of the policy led to overspending.

 

  1. There was no attempt by the DCS to adopt a seven (7) day establishment.

 

Recommendations

 

  1. DCS must implement the PSC recommendations on overtime.

 

  1. DCS must adopt a seven (7) day week establishment.

 

  1. Relevant staff must be trained in overtime management.

·                     In 2004 the Department took a decision to migrate to 7 Day Working Week post establishment.  Part of the actions necessary to do this work required that all vacant posts appearing within Persal should be funded, consultation and negotiated agreement be entered into with labour unions, annual turnover levels be computed and measures be put in place to speed up recruitment.

-                Accordingly, the Department has contract with three Recruitment Agencies to assist with its personnel recruitment.  The work with these Agencies started in earnest effective from the financial 2005 / 2006 and a significant number of recruitment projects have already been completed. 

-                An agreement was also concluded within the Departmental Bargaining Council to effect commencement of the implementation of a 7 Day Working Week from 1 June 2005.  The project will take 3 years.  Coupled with this, all annual recruitment targets will accommodate replacement of required numbers of employees who leave due to natural attrition.

 

·                  This action to a large extent covered the recommendations of the PSC.

15.  PROCUREMENT & LOGISTICS

 

Findings

 

  1. Findings related to mismanagement of the procurement process due to lack of internal controls.

 

  1. In some centres members’ close relatives were found to be providing contractual services to the Department.

 

  1. Commission found irregularities in respect of the implementation of the Historically Disadvantaged Individuals clause.

 

Recommendations

 

  1. Proper auditing of the relevant Centres was recommended.

 

  1. Internal controls must be enhanced.

 

  1. Disciplinary Actions must be taken against officials who contravene procedures.

Supply Chain Management

 

The following measures are in place to tighten internal controls:

 

·                     Mismanagement of the procurement process

 

-        Checklists were compiled that must be completed by each Procurement Units. This checklist is used to manage the procurement process.

-        The new Procurement Manual has been approved and implemented in all regions.  It is also available on Intranet.  

-        A Data Base of Suppliers has been established and maintained at each Procurement Unit.

 

·                     Involvement of members close relatives in provision of services

 

-                    Each bidder must declare his/her interest per SBD 4-form when they participate in the Department’s bidding process.

-                    No member may participate in the bidding process of the Department (Section 118 of the Correctional Services Act 111).

-                    All procurement practitioners and other role players are obliged to sign a Code of Conduct issued by National Treasury.

-                    The relevant documentation for the vetting of Bid Adjudication Committee members has been and submitted for further processing.

 

·                  Management of HDIs

 

-                          All points claimed by bidders are verified.

 

-                          Bidders certify information provided as correct on their claim forms.

 

·                     Other internal controls to curb irregularities

 

§               Proper segregation of duties

 

§               Monitoring the use of the Data Base on a rotation basis

 

§               Independent official acts as observer at the opening of the bid box.

 

§               These components are continuously subjected to internal audit and inspection to monitor adherence and compliance to norms and standards.

 

§               Ongoing monthly meeting with Regional Heads: Finance and Supply Chain Management to discuss compliance and Internal Control matters.

 

·                        LOGISTICS

 

·                        Enhancements done to the PAS system in the interim include the following:

 

Reason codes :

 

-                      Reason code was implemented on the Computerized PAS to ensure that all losses that occur due to the breakages in transit are accounted for. Compulsory monthly report was designed to ensure proper internal control.

 

 

 

Improved  functionality to control excess stock

 

-                      There is an improvement of inventory management.

 

 

Improved control over issues of uniform to officials

 

-                      A separate function was created on the Computerized PAS to enable improved control over all uniform items issued to officials. The function displays all historic information relating to uniform that was issued per Persal number.

-                      A report for this purpose was also designed that can be printed from the system on request.

 

Development of improved firearm functionality

 

-                      The existing firearm functionality was enhanced to ensure compliance with all new requirements of legislation in this regard. The developed functionality will be implemented as soon as instruction is received from the SAPS.

 

Implementation of fingerprint scanning technology

 

-                      A project was launched to install fingerprint scanners on each personal computer that run supply chain management systems. The purpose of the installation is to increase security access to these systems and to limit fraud and corruption.  

16.  WORKSHOPS

 

Findings

 

  1. There were no proper records to enable investigators to differentiate between official and private work.

 

  1. There was poor access control in workshops to prevent possible theft / irregularities.

 

  1. There was no proper access control to material stores to prevent possible theft.

 

  1. There were poor internal controls to prevent irregularities (poor stock control, possible use of state material for private use, etc.).

 

Recommendations

 

  1. Internal controls must be enhanced.

 

  1. Access control must be enhanced.

 

  1. Disciplinary actions must taken against officials contravening official procedures.

·            The Production Workshop Manual was amended to ensure that the Commission’s recommendations are catered for.

 

·            Due to the fact that the main problem was poor compliance, a compliance framework has been developed and availed to operational level for implementation.

 

·            Master trainers have been trained to roll out the implementation of compliance matters.

 

·            Inspection tools have been reviewed and aligned.

 

·            Monitoring visits are being conducted by National Office in management areas on a continuous basis.

 

·            The workshop system, like all other departmental systems, is password protected. All users of the system have a user ID and password which is used to access the system. Users are aware that they are not supposed to share their passwords as any transaction made using their user ID will be deemed to have been performed by them. Supervisors have to sign off on any work order created by those reporting to them.  This provides more security functionality in terms of a work process. More awareness training will be conducted to ensure that users take their responsibility of secrecy with respect to password seriously.

 

·            Recommendations regarding disciplinary actions are in the process of being implemented as part of the rest of the misconduct matters.

17.  PREVIOUS INVESTIGATIONS INTO THE DEPARTMENT

 

Findings

 

  1. DCS was found to have no control over previous investigations (copies not localised at a specific central point).

  2. DCS have not implemented recommendations of previous investigations (PSC and DPSA).

 

  1. The Commission raised concerns about Department’s response on how it had dealt with such recommendations.

 

Recommendations

 

  1. Department must be called upon to account to the Portfolio Committee as to why it failed to implement PSC and DPSA reports.

 

  1. An independent oversight body must be established to monitor implementation of the PSC recommendations.

 

  1. A component must be established to keep data on previous investigations.

·            The findings of the Commission are not accurate in terms of this aspect.  Contrary to what is being said by the Commission, quite a remarkable progress has been made in the Department in the implementation of the recommendations made by different bodies / agencies that conducted investigations into the Department. 

 

·            The main thrust of the PSC and the DPSA reports was on irregularities mainly pertaining to the following:

 

-          Recruitment, promotions, merit awards, overtime, abuse of power by some senior officials, including fraud and corruption regarding procurement matters.

 

·            The interventions that have been referred to above on these matters are not only limited to the Jali Commission’s recommendations but also to a large extent cover the proposals that were made in the PSC and DPSA reports.

 

·            The Departmental Investigation Unit is responsible for the coordination, management and keeping all data relating to investigations that have been conducted within the Department, particularly those that have been conducted at national level.  The Commission made its recommendation for the establishment of a component to keep data on previous investigations before the establishment of this Unit.

·            A system has also been developed for management of all information pertaining to investigation of anti-corruption cases. This system is currently being used by the DIU. It provides a status as well as information pertaining to all anti-corruption cases. The next phase of this system will focus on all disciplinary cases thus providing a secure, comprehensive and single point of access for all information pertaining to investigations within the department.

18.  IMPLEMENTATION OF THE COMMISSION’S INTERIM REPORTS

 

Findings

 

  1. The Commission raised a concern about poor implementation of the Commission’s advice / recommendations on the handling of cases (outsourcing of the hearings).

 

  1. A concern was raised with regard to the implementation of the 8th interim report.

 

Recommendations

 

  1. An investigation must be conducted into progress made in implementing interim reports.

·            The Commission’s concerns and conclusions with regard to the implementation of the eighth interim report are not correct.   It should be mentioned that all the nurses against whom the commission made recommendations                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        for disciplinary actions resigned  before the commencement of hearings and the matter could therefore not be pursued further within the Department except for referral of the cases to the Nursing Council.

·            The Department could not accede to the Commission’s request for the outsourcing of all the disciplinary hearings as such an action would have amounted to reneging on the Bargaining Chamber Agreement which would have been in contravention of the Labour Relations Act.