Report of the Portfolio Committee on Correctional Services on its Visit to the Durban Westville Correctional Centre in KwaZulu Natal, dated 24 March 2006:

The Portfolio Committee on Correctional Services having undertaken an oversight visit to the Durban Westville Correctional Centre from 17 to 19 October 2005, report as follows:

A. Introduction

The Portfolio Committee decided that it would undertake an oversight visit to prisons in the Durban Westville Correctional Centre.

Delegation

The following members of the Portfolio Committee on Correctional Services visited the Centre.

Mr. DV Bloem (Chairperson)
Ms. LS Chikunga
Mr. NB Fihla . LP Khoarai
Ms. MW Makgate
Mr. MS Moatshe
Mr MJ Phala
Mr. LJ Tolo
Mr. ET Xolo
Mr. J Selfe
Ms SA Seaton

Objectives

The objectives of the visit were to:

Gain first hand knowledge on the Inmate Tracking system piloted at the Centre.
Identify blockages in the system, which prevent release of awaiting trial detainees.
Interact with members of the Integrated Justice Cluster and discuss possible solutions to overcrowding.
Address issues of concern around the rehabilitation of inmates.

The Committee visited the following facilities at the Centre:
Medium A Facility
Medium B Facility
Westville Youth Centre
Female Facility

D. Findings and recommendations

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

Overview of the Region

The Durban Management area has a total of six (6) Correctional Centres namely; (i) Durban Correctional Centre A; (ii) Durban Correctional Centre B; (iii) Durban Correctional Centre C; (iv) Durban Youth Correctional Centre; (v) Durban Female Correctional Centre, Umzinto Correctional Centre and Durban Community Corrections. The management area operates on a budget R261 778,300 for the 2005/6 financial year.

The management area has a very large offender population. The Durban Westville prison was built to accommodate 6023 prisoners, but at January 2005, the centre had an inmate population of ± 14 000 inmates. The centre also accommodates inmates with very long sentences and awaiting trial detainees are also incarcerated for long periods of time. During 2005, the management area had 159 deaths, most of which were HIV/AIDS related. The centre has ± 1500 inmates living with HIV/AIDS.

1363 Inmates benefited from the Special Remission process. Challenges faced by the centre include staff shortages, the implementation of Unit management and the compliance with Section (8) (5) of the Correctional Services Act, Act 111 of 1998 which provide for the serving of three meals a day. This is often problematic, because of the high number of inmates. Many of the social workers and nurses at the facility resigned in search of other working opportunities.

The Committee received a briefing on the Inmate Tracking System, which were piloted at the Durban Westvile Correctional Centre. Many problems are experienced with the system such as officials who did not want to cooperate with the piloting of it. The Committee was not satisfied with the current state of affairs of the Inmate Tracking System.

The management area has a total of 4236 awaiting trial detainees, many of who awaits long periods before trial. The centre also had 7 escapes during 2005 and of these 4 inmates escaped using firearms and held officials hostage. One (1) of the escapees was apprehended, but the other three (3) were still at large at the time of the visit. One (1) inmate also escaped using the bus that transport visitors from the entrance point to the different centres and back.

The centre also has a lot of disciplinary cases of officials pending. Many of these cases are cases of misconduct in medical aid fraud, trading in substances and unsatisfactory work.

2. Offender Population

Approved Accommodation of the Management Area

Correctional Centre	100% Approved Accommodation	Actual Total		Total	% Occupation
		Sentenced	Unsentenced
A	2308	130	3812	3942	170.80%
B	1766	4037	-	4037	228.59%
C	671	1087	-	1087	161.99%
Youth	629	563	262	825	131.60%
Female	244	271	131	402	164.75%
Umzinto	445	522	205	727	163.37%
Total	6063	6610	4410	11020	181.75%

Youth Correctional Centre

Age	Sentenced	Unsentenced	Total
13 years	0	0	0
14 years	2	24	26
15 years	10	60	70
16 years	28	84	112
17 years	43	87	130
18 years	100	7	107
19 years	155	-	155
20 years	153	-	153
21 years	72	-	72
TOTAL	563	262	825

Medium A Correctional Centre:
There are 1163 unsentenced juveniles between the ages of 18 -21 years at Medium A.

Medium B Correctional Centre
There are 397 sentenced juveniles between the ages of 16 -21 years at Medium B.

Female Correctional Centre

Age	Sentenced	Unsentenced	Total
13 years	0	0	0
14 years	0	0	0
15 years	0	1	1
16 years	0	1	1
17 years	3	1	4
18 years	6	6	12
19 years	6	8	14
20 years	1	6	7
21 years	2	0	2
TOTAL	18	23	41

Babies: There are four (4) boys and four (4) girls

Awaiting Trial Adult Offenders versus Awaiting Trial Juveniles

Correctional Centre	Awaiting Trial Adults	Awaiting Trial Juveniles
Medium A	2649	1163
Youth	0	262
Female	108	262
Umzinto	155	50
Total Awaiting Trial Population = 4649

Period of Awaiting Trial Offenders

	3-6 months	6-9 months	9-12 months	12-15 months	15-18 months	18-24 months	24 months +
Juveniles	40	21	16	6	9	4	2
Medium A	186	312	342	1863	723	403	55
Female	21	13	2	4	2	0	1
Umzinto	35	36	33	7	3	15	12
Total	282	382	393	1880	737	422	70

The Westville Youth Centre

The Department of Social Welfare is responsible for the rendering of services to children awaiting trial in Kwa Zulu Natal. A vast majority is accommodated at the Westville Youth Centre. The Welfare component operates as a satellite office of Excelsior Secure Centre, in conjunction with the Department of Correctional Services (DCS). Whilst the needs of the children comprising food, accommodation, health, hygiene and security are catered for by the DCS, the Department of Social Welfare renders a variety of Welfare Services to address social, emotional and development needs of the youth. Holistic and integrated care and support are provided by three (3) social workers, six (6) Child and Youth Care workers. The centre functions as an Assessment and Referral Centre.

Programmes
Life skills, education, diversion, sports and recreation, court readiness, sexual offences programme, aggressive offences programmes, drug and alcohol abuse and pre release programmes. A mobile library and television sets are also available for youth.

Education and Training
210 learners at the centre are attending education programmes offered at the
centre such as ABET levels 1-4 and Further Education and Training. The Youth
school has been registered as a full time centre. Many of the boys at the center
are eager to go to school, but not all can attend, because of challenges such as
lack of educationists and not enough floor space to have classrooms. Those
children who attend school are accommodated in one section i.e. cells are on
one level and the school is on the next level. This was done to avoid
disturbances.


(c) Shortage of Professional Staff
The centre is supposed to have five (5) social workers, but only has two (2) of which one (1) social worker was to be transferred at the end of October. The ratio of social worker to inmate is 1:260. Social workers deal with as many as 12 inmates per group depending on the nature of the crime. The shortages of social workers put a lot of strain on those currently employed. The physical structure is also not conducive for the programmes. Social workers are often not escorted in the section, because of the shortage of manpower in DCS. The shortage of staff also has a negative effect on the parole hearings of inmates as inmates must have a sentence plan when appearing before the parole board.

The centre has only two nurses. There is no ratio of nurses to inmates and nurses work with ± 1000 inmates. Nurses attend to more or less 70 to 100 inmates per day. The centre has a high number of tuberculosis cases and this poses a health risk to the two nurses at the centre. Nurses at the centre are not prescribing medication, but are only administering.

(d) Other challenges
Many of the youth are being abused when they are transported to court and at the SAPS holding cells. There is no separation between adults and youth offenders.
Youth awaiting trail at the centre is another huge challenge as many of the youth are street children. Youth needs to be released in the care of his/her parents or guardian, but these family structures are often non-existent.
Serious offences such as murder, kidnapping and gang rape cases are being heard by the High Court. These cases can take up to 18 months to be finalized.
Inaccurate age assessments can result in youth being incarcerated at the youth centre.
Reoffending is also common amongst youth.
There is often no space for the youth at Places of Safety and Reformatory schools, which is problematic as youth often wait very long to be placed in these facilities.

Comments and Recommendations

The Portfolio Committee makes the following recommendations.

The issue of shortage of Professional staff has been raised with the Committee on many prison visits throughout the country. The employment of Professional staff is essential as it plays a serious and important role in the rehabilitation of offenders. Implementation of the White Paper, which outlines this focus, is impossible, without the support of a range of professionals.

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

Review of salary packages for all Professional staff employed by DCS to ensure that they are recruited and retained by the Department.
Measures which have been initiated to speed up the recruitment process for professional staff.
The Portfolio Committee will engage the Portfolio Committees on Social Development and Education in Parliament to discuss the problems around Reformatory schools and Places of Safety.
The Department of Justice (courts) should be more prescriptive in obtaining birth documents, immunization cards, maternity certificates or letter from schools to administer the age assessment of youth.
The DCS must look into the possibility of designing a programme to address the specific needs of youth in order to reduce reoffending. This should be done in conjunction with the Department of Social Development.
The Committee recommends that the programme of court readiness, be rolled out to all centres in Correctional Services.


4. Durban Female Centre.

Workshops.
The Committee visited the workshops at the female section and was very impressed with the programmes run and the production of materials. The females deployed to work in the workshops serve sentences of two (2) years and more. This allows them to go through training programmes.

The females produce inmate garments as well as belts and collars for officials. These products are distributed to all 241 prisons in the country.

The centre also has a laundry service and officials are allowed to bring their laundry to the centre at a cost of R2.10c for ironing and R6.30c for washing and ironing per kilogram. The inmates also do the laundry of the entire Durban Westville Centre.

The females also receive a gratuity for their services at the laundry, which are added and then received upon release.

Durban Adult Females

Eight inmate teachers under the supervision of the DCS teach some of the education programmes as well as computer courses. Courses include ABET levels 1-4, Mainstream education, business skills, Grades 11 & 12. Computer courses include typing, Windows `98 and Excel `98. The computer courses are not accredited. The computers at the centre were donated by NICRO (National Institute for Crime Prevention and Reintegration of Offenders). It was stated that not many of the female inmates attend the educational courses, but rather the workshops, because of the gratuity. The inmates have worked out a programme where females attend the ABET levels from 07h00 to 09h00; thereafter they go to the workshops. Inmate teachers are being paid a gratuity of R19.00 to R99.00, depending on how long they are teaching at the facility.

Durban Juvenile Females

Many of the juvenile females have high bail amounts and have charges of robbery and theft.
There were also girls who were incarcerated for loitering. The SAPS arrests these girls on charges of prostitution. It was stated that the community courts should hear such cases.

The following is concerns raised inmates of the Female Centre;

It was stated that the sentencing framework for female crimes must be reviewed as many households collapsed when females are sent to prison. Often children are left in the care of parents, many of whom are pensioners, and this causes various problems.
It was also suggested that the DCS appoints a panel to evaluate prisoners and the level of rehabilitation. Many inmates serve long sentences and can only appear before the parole board after serving ¾ of their sentence.
It was stated that the systems of Correctional Supervision and parole boards are not in place. Many inmates have to be educated around these issues, but without proper systems in place, efforts are fruitless.
Many of the inmates reoffend, because of lack of post release programmes. It was suggested that the DCS employ ex offenders after release in its workshops etc.

Comments and Recommendations

The Committee is aware of the challenges the DCS is facing, but recommends the following;

(a) The DCS should have all courses accredited. This will surely assist inmates upon their release.
(b) The DCS must assist those inmates, especially the juveniles, with low bail amounts in ensuring that they are released.
(c ) The Committee urges the DCS to ensure that all female juveniles of school going age, attends school, as per the requirement of the Correctional Services Act, Act 111 of 1998 and the South African Schools Act, Act 84 of 1996.

5. Inmate Tracking System (ITS) at Durban Westville Centre.

The Inmate Tracking System solution entails a Personal Tracking Device (PTD) being physically attached to the detainees wrist.

The ITS is a pilot project, which will be evaluated in terms of strategic, operational, functional and economic viabilities. The Johannesburg Medium A and the Durban Medium A was identified to pilot this project.

The system aims to (i) Assist in decreasing the detention population by assisting in decreasing the Awaiting Trial detainee cycle, (ii) Optimise the management of facilities and population, thereby improving the accuracy of information, (iii) Increase security within detention facilities.

The objectives of the system are to;
to track and visually depict the physical location of detainees,
the enable the electronic verification of detainee identity,
to support processes of admission, roll calls, bail and visitations,
to support movements and scheduling processes,
to notification of PTD/ Transceiver Unit tampering and or failure.

Transceiver Units within and around the holding facility continually receive the data being transmitted by any number of PTDs within reception. The collected information is continually being communicated to the computer system installed within the identified control area, and which processes and displays all relevant information, sends messages, and notifies officials of any extraordinary events such as tampering.

The system has the capability of tracking the detainees’ whereabouts within the facility at all times. The system allows an official to immediately identify the position of any detainee within the facility and to have that detainee’s position tracked and reported on a computer.

Mobile hand held computers or Personal Digital Assistants (PDAs) are provided within the sections, allowing the officials to interact with the system and through which all messages and alarms are received and lock up (roll calls) are conducted.

The standard process is for all detainee identifications verified through fingerprint and verification. Fingerprint capturing devices (biometric readers) and digital cameras are connected to the ITS, which allows for the electronic capturing of fingerprint and photo images, and which are then electronically attached to the computerized file of the detainee, stored within the Inmate Tracking database. This information is gathered through an interface with the current correctional centre management system, the Admissions, Detention and Release System (A&R).

The official functionality acceptance of the ITS at Durban Medium A Correctional Centre took place on 4 November 2004 and accepted by centre management and the Head of the Centre. During October 2003, 93 centre members were identified and nominated as change agents. Training took place during February 2004, encompassing 61 correctional centre members. The network implementation began during September 2003.

Tagging and tracking did commence at the centre on 08 March 2004 and as yet, has still not been finalized. Members of the Medium A centre would have been responsible for the backlog capturing activities, but in reality only two members were made available to complete this mammoth task. Two employees from the Area Commissioners office were then deployed to assist, as well as a further five employees from the Regional Commissioners office. Due to lack of resources, the reception functionality of the system never took place and sabotage was suspected specifically to the ITS equipment installed.

The Change Agents and members who attended the training were never available at all to assist with the implementation, and some of them even expressed their non-interest in the system.

A company by the name of Exponent Consortium was awarded the tender for the ITS. Two site engineers from the company are at the centre to manage the system. The electronic components of the ITS are being ordered from manufactures in the USA, and the straps are being ordered from Canada. Exponent is seeking local companies to manufacture these straps.

The cost of the tender awarded to Exponent amounts to R28 million (this is total value of the contract, VAT inclusive). The monthly supervisional costs of the system amount to R 52 000.00. The Department of Correctional Services will spend R88 million on the ITS for all 36 Centres of Excellence.

A total of 8292 tags were lost during the implementation phase of this process and this amounted to R7 million.

Comments and Recommendations

The Committee is extremely dissatisfied with the implementation of the ITS, specifically at the Durban Westville Correctional Centre. At Durban Westville, it is merely used for identification purposes, i.e. fingerprints and photos.

Of grave concern to the Committee is the lost equipment (8292 tags) that amounted to R7million, and the fact that the problem had not been addressed as this loss was reported in February this year. Lightning often damages the readers placed on the outside walls of the facility and these readers are not insured, whilst the total cost of this contract amounts to R28 million.

The Committee was informed that the straps are being cut off and replaced when detainees go to court and return to facilities. The cost per strap amounts to ± R3.50 and can escalate to R700.00 per day for 200 offenders attending court daily. Even though the Committee was informed that all Inmate Tracking database (computerised files of inmates) was functional, this was not the case when the Committee inspected the database room at the centre. This is not a very viable exercise.

The Committee recommends the following;

The Committee is aware that an Evaluation Committee has been established to evaluate the system and expects the report of the Evaluation Committee immediately it has been completed or within one month after the tabling of this report.
The DCS should take strong action against those officials who deliberately sabotaged the ITS and report back to the Committee on this matter.
The Committee recommends that the DCS table all such projects such as Inmate Tracking and Electronic monitoring before the Committee for its comments and recommendation.


Durban Westville Correctional Centre Court
Because of the high numbers of awaiting trial detainees at the centre, a court was established which the Committee visited at the Medium A Centre. Detainees can via video conferencing and cctv cameras interact with the prosecutors, witnesses and the magistrates of the courts in the area. Four accused can be together during this process. This video conferencing will assist a lot especially in terms of high profile inmates that must the transported to court. The exercise started on 07 October 2005 and will be tested for a period of eight (8) months. The DCS will have a full report on the functioning and effectiveness of this system by May 2006. Officials from the DCS monitor this process.

Comments and Recommendation

The Committee request the DCS to furnish it with the report on the effectiveness of this system.
The Committee recommends that if this is a feasible and operable exercise, it be rolled out to other bigger centres within DCS, such as Pollsmoor.

Staff

Total Number of Correctional Officials at the Durban Management Area.

Durban Management Area Offices	175
Correctional Centre A	248
Correctional Centre B	333
Correctional Centre C	162
Youth Correctional Centre	119
Female Correctional Centre	128
Umzinto Correctional Centre	154
Community Corrections	69
Total	1388

7.1 Staff concerns

The Portfolio Committee met with both management and staff of Medium A, Medium B, Durban Females and staff at Durban Westville Youth Centre. This exercise was to discuss key concerns and problems which hamper the ability to carry out their duties effectively. Many of the concerns and grievances raised were common to all of the centres as well as other Correctional Services regions. Managers and staff highlighted concerns and also identified solutions to these problems. The following are some of the key concerns highlighted by managers and staff:

7.2 Vacant positions

The Durban Westville Centre is extremely overcrowded and has an inmate population of 14 000. This causes a lot of strain on members of the DCS. Not only is it dangerous to work in such conditions, but it also poses a health risk to officials. This lowers the morale of staff.

Comments and Recommendations

The high number of vacant positions in the DCS is unacceptable to the Portfolio Committee. The Committee is aware that with the movement to a 7-day establishment the DCS aims to employ 8300 officials over the next three years.

The Portfolio Committee request that the DCS prioritise centres such as Durban Westville when recruiting officials.
The Portfolio Committee also request that the appointment of females in senior positions be prioritized in this region.

7.3 Professional Staff

The shortage of professional staff within prisons remains a big concern for the
Committee. The Committee is aware that the salary packages for social workers have been reviewed, but all salary packages for professional staff should be adjusted.

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.

The Management Area is supposed to have 54 nurses, but currently only 23 are employed in this area. Many professional staff leaves the employ of the DCS in search of better working opportunities. Shortage of especially social workers in the DCS, delays the parole hearings of inmates, as inmates must be assessed by social workers before appearing before the parole board. A lot of complaints were received about the working conditions of professional staff. For example, at the clinic at the Durban Westville Centre (male section), staff often deals with 50 to 150 inmates per day. The physical structure makes it difficult to attend to all sick inmates in the facility and nurses basically deal with emergency cases mostly.

Comments and Recommendations

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

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

Review of salary packages for all Professional staff employed by DCS
to ensure that they are recruited and retained by the Department.
Measures which have been initiated to speed up the recruitment
process for professional staff.
Strategies to improve the recruitment and retention of professional
staff, including scarce resources such as psychologists as well as social
workers, nurses and teachers.

Health Care

HIV/AIDS is prevalent amongst the majority of the inmates. Many of the females admitted, even those who are pregnant, are diagnosed with HIV/AIDS.

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

The growing number of inmates affected by HIV/AIDS in prison was identified as a key concern. Access to anti-retroviral treatment remains a problem in DCS. Many inmates enter the system with false names. To receive ARV treatment, an inmate must have an ID and a confirmable address. Another matter of grave concern is that many inmates are from other regions, as persons are incarcerated in the area where the crime has been committed and not where people are from. This is also a stumbling block in the receival of ARV treatment as many need to be transferred to their areas.

Comments and Recommendations

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

The Committee recommends the following:

The Portfolio Committee requests that the DCS have frequent interaction with the Department of Health to ensure the roll out of antiretroviral treatment to inmates. Barriers to the acquisition of ARV treatment must be identified and solutions to this problem addressed, in conjunction with the Department of Health. The DCS must submit a report identifying barriers to access to treatment and solutions to the problem to the Portfolio Committee within 3 months of tabling of this report.
The Committee requests quarterly reports from the HIV/AIDS coordinator of the region on specific problems that inmates have.

Promotion

This concern was raised at all the centres at the Management area. A moratorium was placed on promotions on 01 July 2001. During the visit, staff identified the lack of upward mobility as a key factor in demotivating members. Many staff members have furthered their education, yet there is no incentive for them as there is no link between further studies and promotion.

Many staff members, especially those with long service (“blou baadtjies”) are of the opinion that they are not appreciated and acknowledged. Staff is aware that policies have changed and that they must contribute to their subsidized benefits, but since staff stay on the same level for years, it becomes very difficult and places a lot of financial strain on them.


Comments and Recommendations

The Portfolio Committee recognises that the DCS is in the process of creating Career advancement opportunities for all staff, especially those on the lower levels. This process is to be completed during February 2006.

The Portfolio Committee will call the DCS in to give feedback on the outcome of this exercise within a month after tabling of this report.
(ii) The DCS should furnish the Portfolio Committee with a list of all positions
advertised in all the regions.

7.6 Incentives and Recognition

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

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

Comments and Recommendations

The low morale of staff was a feature of all the centres at Durban Westville. While many of the problems faced by staff are more difficult to rectify, the problem of lack of incentives and recognition for ongoing good work or past service is not.

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

The Committee recommends the following:

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

7.7 Overtime

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

Staff complained that this process has placed major financial constraints on them, as they now also have to contribute to medical aid and other benefits in the DCS. Staff is only paid for 3 out of 4 days of overtime taken. The fourth day can only be compensated for by a leave day. Many Heads of Prisons find it difficult to relieve staff during the week, because of staff shortages. In addition, they raised concerns that the shortage of staff means that other staff members suffer when staff takes leave that is owed to them in lieu of overtime pay.

Comments and Recommendations

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

The Committee recommends the following:

(a) That all Heads of Prison should ensure that action plans are completed to ensure the correct staff compliment especially over weekends.

7.8 Communication

It was evident throughout the region that DCS’ staff is not adequately informed on key issues and developments within the Department. It was clear that problems, which should be communicated and resolved at local, area and regional level, are not effectively addressed. Staff feels that they are not timeously informed by management on key issues that affect their work, such as developments with regard to promotions, vacancies, assessments and medical aid and that they thus need to rely on the unions for this information.

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:

The Committee recommends that monthly staff meetings scheduled and that monthly reports be sent to the regional office, and that these reports be sent to the Committee quarterly.
The Committee requests that interaction and communication with the National Office should be brought down to grass root level rather than written communication. In addition, staff must be given the opportunity to identify and discuss their concerns in a non-threatening environment and management, in particular area managers and Heads of Prisons, needs to take these concerns seriously and identify constructive ways of addressing them.
The DCS must report to the Committee within 3 months of tabling of this report, on problems that they have identified with regard to communication with staff on the ground and steps that they have taken or will be taking to address this problem.

7.9 Medical Aid

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

Comments and Recommendations
The DCS must identify problems with regard to the new medical aid scheme and report to the Committee within 3 months after tabling of this report on steps that have been or will be taken to address these problems.
In addition, the DCS top management must take responsibility for effective communication on this issue and for ensuring that staff on the ground is aware of DCS initiatives to improve the medical aid provision.

7.10 Staff Accommodation & Housing Subsidy

Staff members complained about the state of the accommodation facilities at the Centre. As many as thirty (30) officials occupy a floor with only one bathroom and one toilet that must be utilized by both males and females. There is often no water or electricity in these quarters.

Many staff members are forced to leave their children in the care of family members, as they are not allowed to accommodate their children in single quarters. There is also a long waitlist before staff can be accommodated at the staff facilities.

Staff complained that the housing subsidy of R300.00 does not enable them to purchase their own property. This subsidy used to be R1000.00, but has been revised.

Comments and Recommendations

Many of the DCS facilities are old and do not cater for the current needs of staff or inmates. It is the view of the Committee that it is unacceptable that female and male staff members share facilities.

The Committee recommends the following:

The DCS relook the current structure of facilities and try improving the living conditions for staff members.
The DCS should also use its own labour force (inmates) to do minor maintenance and repair work at facilities. This should be discussed with the Department of Public Works.

7.11 Transport

Staff complained about the provision of transport to and from funerals of colleagues of the DCS. The policy requires that transport to and from funerals not exceed 400km. This proves to be problematic as many members are from all over the country.

7.12 Danger Allowance

Members complained that according to policy, danger allowances are paid for staff working with maximum sentenced offenders, but staff that working with ATDs do not get paid this allowance even though the ATDs with whom they work may be extremely dangerous. In addition, some staff suggested that the danger allowance be increased as staff has a lot of physical contact with dangerous inmates.

Because of the overcrowded conditions at the Centre, staff feels that all employees should receive a danger allowance.

Comments and recommendations

The DCS must review the policy on danger allowances and report back to the Committee on this issue.

7.13 Inmate Privileges

A concern was raised that inmates have more privileges than staff. Members are not allowed to use telephones in the institution, but inmates are allowed. This seems to be problematic at times.

Comments and recommendations

The Area Commissioner stated that a telephone system for staff is being revisited. This system will function with pin codes issued to staff.

7.14 Transfer of inmates.

The institution houses a lot of maximum inmates and it was said that it is a mammoth task to transfer inmates to the Kokstad Maximum Security prison in Kwa Zulu Natal or to the Cmax facility in Pretoria. Factors contributing to this are that the Kokstad facility is not staffed; therefore inmates can’t be transferred to the facility.

Comments and recommendations
It is worrying for the Committee that Government has to spend a lot of money on facilities and then it is not utilized by the DCS. Many other Correctional Facilities in the country are overcrowded, whilst some facilities are not in use.


The Committee recommends the following:
The Portfolio Committee requests a report on the status of the Kokstad facility from the DCS. The Committee would like to be kept abreast on the issue of sufficient manpower to run the facility and why, at this stage, there is no manpower at the facility.
The Committee request a detailed report on all the facilities of DCS, those in use, those not in use and those being upgraded. The information should entail details of maintenance projects and when it will be completed. This report should be tabled before the Committee within two (2) months after the adoption of this report.

7.15 Resources

Staff complained that many of the resources they must use to fulfill their daily tasks are old, especially the computers at the visitors centre. These computers are used to obtain information on specific inmates the public would like to visit. Officials deal with as many as 500 visitors daily. The computers are also not enough to deal with the daily influx of visitors to the centre.

Comments and Recommendation

The Committee recommends that the Management area provide enough resources such as computers to officials. If resources are old and in a poor working condition, it should be either upgraded or replaced.

7.16 Favouritism and Discrimination

The Committee was informed of a specific official who is being discriminated against because the official is not from the area/ province. At the time of the visit, the staff member was extremely traumatized by these instances of discrimination.

It was also stated that there is a lot of favouritism and exploitation with the overtime schedule in terms of who works overtime and who don’t. This is problematic to staff members.

Comments and Recommendations

The Committee is dissatisfied that some officials are being discriminated against because of different ethnic groups and provinces. The Department is a department for all South Africans employed by it and instances of discrimination is totally unacceptable.

The Committee recommends that the Management of the center draw up monthly action plans and distribute the staff compliment equally to deal with overtime.

8. Intersectoral Communication

It was mentioned that more sensitivity around issues of diversion, restorative justice and correctional supervision needs to be raised. It was mentioned that prosecutors are judged based on their performance. The SAPS also has an approach of zero tolerance against crime, but this, in some cases tends to the problematic.

Recently, more judges in the Durban area opt to divert children away from the correctional system. With diversion, all offenders must be screened and must admit guilt before diversion can be implemented. Diversion can at times be problematic as there is no database to pick up previous offences and some offenders can be diverted more than once. Many workshops have been organized in the region on Victim Offender Mediation to advocate awareness amongst judges. Despite all these efforts, more intervention and interaction is needed amongst the officials monitoring correctional supervision, the Department of Justice, the Department of Social Development and the SAPS.

Section 276A(3)(a) of the Criminal Procedure provides that in the case of a prisoner who has been sentenced to less than 5 years (or his or her release date is less than 5 years in the future) the Commissioner may, if he is of the opinion that such a person is fit to be subjected to correctional supervision, apply to the clerk or registrar of the court, as the case may be, to have that person appear before the court a quo in order to reconsider the said sentence. The court has an option to convert the sentence into correctional supervision on the conditions it may deem fit. Section 287 (4) (b) of the Criminal Procedure Act deals with a situation where a person has been sentenced to pay a fine with an alternative of imprisonment not exceeding 5 years, and such person is unable to pay the fine. The matter may be referred back to the court to set a new sentence of correctional supervision.
The magistrates in the Durban area informed the Committee that they have never received such applications.



Comments and Recommendations

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

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


The Portfolio Committee on Correctional Services will meet with the Portfolio Committee on Justice to also discuss possible solutions to the blockages in the system.
Magistrates and judges should be sensitized around the options of diversion and community supervision.
The Committee recommends that the Department of Social Development ensure that measures be are in place at Places of Safety to prevent children from absconding.
IPVs and the Legal Aid Board representatives must be included in cluster committee meetings at regional and area levels.
In addition, the Judicial Inspectorate must take responsibility for ensuring that the IPV and Legal Aid Board representatives at each prison meet regularly to discuss cases and problems.
The cluster committees should investigate whether all ATDs in police cells need to be there or whether they can be released using the available mechanisms. Those ATDS who require incarceration in prison should be shifted from the police cells to the prisons by moving prisoners within the management area from overcrowded to less overcrowded prisons.
The Committee supports intersectoral priorities to reduce the caseloads
of court officials and to improve police investigations to ensure more
speedy resolution of cases which will shorten the length of time that
Awaiting Trial Detainees (ATDs) spend in prison.
All ATDs who are accused of non-violent offences and who have been
granted bail of R1000 or less by the courts and not considered by the
courts to be a danger to society, but are unable to afford the stipulated
bail amounts, should be released.

E. Conclusion

In conclusion, the Portfolio Committee would like to commend all staff at the extremely overcrowded Durban Westville Correctional Centre for a task excellently delivered. The Committee undertakes to address the grievances and problems raised by staff, not only at the Durban Westville Centre, but at all other centres the Committee visited. The Committee gained more appreciation and insight into the difficult conditions under which DCS staff work, exacerbated by overcrowding and the lack of adequate resources. The issue of career advancement opportunities should be communicated to all staff throughout the country. More interaction and intervention from the Integrated Justice Cluster is needed in this region. However, the Committee is extremely dissatisfied with the haphazard implementation of the Inmate Tracking System at the center and will keep a vigorous eye on the effective completion of this system and expects the DCS to provide the Committee with a full report on the matter. The Portfolio Committee on Correctional Services will monitor measures to implement the recommendations outlined in this report and will meet with the Regional Commissioner responsible for the Durban Westville Correctional Centre within 6 months of tabling this report, to discuss progress on implementation of the recommendations.

Report to be considered.