REPORT OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES
ON ITS VISIT TO CORRECTIONAL CENTRES IN
The
Portfolio Committee on Correctional Services, having undertaken an oversight
visit to the
A. Introduction
The Portfolio Committee has since 2004 visited Correctional
Services facilities and has identified a lot of challenges within the
Department of Correctional Services (DCS).
The Committee has undertaken oversight visits to the Modderbee Management Area facilities and visited the
following correctional facilities and community corrections centre:
§
Modderbee Correctional Centre
§
Nigel
Correctional Centre
§
Nigel
Community Corrections Centre
§
B. Delegation
The delegation comprised the
following Members:
§
Mr DV Bloem (ANC) (Chairperson)
§
§
Ms
ZN Nawa (ANC)
§
Ms
W Ngwenya (ANC)
§
Mr LJ Tolo (ANC)
§
Mr ET Xolo (ANC)
§
Mr I Vadi (ANC)
§
Mr J Selfe (DA) (joined the delegation on the
second day of the visit)
§
Mr Abrahams (Special guest from the JSC on Intelligence)
C. Objectives
The objectives of the visit were to monitor privileges and
amenities offered to inmates (especially those in maximum centres);
to monitor the programmes offered to offenders; to
monitor the capacity of staff at these centres,
especially during weekends; to monitor the functioning of Parole Boards and the
overall functioning of these correctional centres.
The committee wishes to identify areas requiring
intervention and to assist by means of recommendations.
D. Findings
Overview by Mr Nico Baloyi, Area Commissioner of Modderbee
Management Area
The area consists of three centres,
namely, Modderbee, Nigel and
The area has in its employ, 13 professional nurses, 8
educationists and 6 social workers. In the past six months, a lot of posts have
been filled, but these were unfortunately declined due to the more competitive
salary packages on offer elsewhere. Ongoing interactions are taking place with
the Department of Public Services and Administration.
The area has two farms, in Nigel and
All facilities in the area are in good working condition
with some just having been renovated.
At the time of the visit there were only one outstanding
grievance, ten outstanding cases, three outstanding investigations and one
suspension.
The budget allocation for the current financial year amounts
to R163 million.
Challenges:
§
The
unavailability of an Employee Wellness Programme. The
area relies on the programmes offered in other
management areas.
§
The
increase in the number of transfers requested by newly appointed officials.
Such transfers are not always possible.
§
The
high staff turnover, especially as a result of the resignation of specialized
personnel.
§
Delays
in the declaration of competencies by SASSETA. About 205 students completed
their learnership and are still awaiting their
competency certificates.
Successes:
§
Appointment
of 15 managers in vacant posts.
§
Appointment
of 25 new officials at entry level.
§
Currently
awaiting approval from the Regional office for the appointment of seven
managers, two of whom are senior professional nurses.
§
Successful
recruitment of interns to assist in rendering services.
PRESENTATION ON THE MODDERBEE
CORRECTIONAL CENTRE
Classification of the centre:
Modderbee
is a medium centre which accommodates unsentenced,
sentenced as well as further charge offenders (both juveniles and adults).
Sentences range from minimum, medium to maximum categories.
Capacity of the centre:
Approved
lock-up - 2 492
Sentenced
offenders – 2 971
Unsentenced – 1 879
The numbers
reflect 196% overcrowding.
The centre
houses about 388 offenders with sentences of up to 10 years, 350 juveniles and
28 children under the age of 17.
Administration:
The staff
compliment at the
facility is 667, including 9 nurses, 2 social workers and 4
educationists. Due to the recent resignation of the only psychologists at the
centre, no psychological services are currently being offered. The problem has
been brought to the attention of the DCS Head Office.
The too few
of closed groups (professional staff) and advertising of posts poses a major
challenge.
Security:
The first
escape took place in October 2006 with another escape from a public hospital
taking place on 8 January 2007. Several offender-on-offender,
official-on-offender and offender-on-official assaults have been reported. As
far as escape prevention is concerned, a security plan for inmates, officials
and service providers are updated monthly. There have been 28 natural and 2
unnatural deaths among offenders. The Regional office assists by providing
transport to those families who are unable to fetch and bury their loved ones.
The main
challenge is to reduce assaults within the centre.
Corrections:
The centre
is servicing about 14 Courts and consists of 16 units, 4 awaiting trial units,
6 sentenced units and 6 special care units. In an attempt to reduce
overcrowding, 108 awaiting trial detainees (ATDs)
have been released.
Development:
The
Department of Labour assists with the training
provided to offenders. Educational and skills development programmes
are on offer to offenders and a significant number of offenders take part in
the different programmes.
Care:
A three
meal system is implemented and adhered to. BOSASA is the service provider at all
centres and also provides training to offenders and
officials. Their contract has been extended until 2008. Currently, about R29
million is available to cover the costs of the service provider, with a total
cost of about R34 million per annum to the Department.
Health care
services are provided and courses are presented to offenders.
PRESENTATION ON THE
CORRECTIONAL SUPERVISION AND PAROLE BOARD (CSPB): MODDERBEE MANAGEMENT AREA
Modderbee
Management Area consists of one roving board serving Modderbee,
Nigel and
Case load
for the board as at August 2007 is as follows:
From the
total of 3 713 cases before the board, only 1 210 have been handled in the period
between January to 31 July 2007. Monthly meetings with Case Management
Committees (CMC’s) as well as special meetings with Unit Managers are held.
An informal
meeting was held with Magistrates at Springs to
address problems related to the remarks reflected on warrants issued by the
Court. Dates for a meeting with the SAPS and Police Forums are still being
awaited.
Several
meetings are held with the Inspecting Judge’s representative. To date not one
victim has attended the board sessions. This was mainly related to problems
related to the funding the victims’ attendance of the hearings. The meetings
with the Justice Cluster are not well co-coordinated and have only been
successful in the placement of juveniles.
Due to lack
of support systems in
The main
challenge is related to the criteria for the signing powers for release that
need to be intensified.
As a way
forward, the board will continue with its marketing strategy and will also
visit the institutions and individuals involved.
The
Committee proceeded with a tour of the facility.
PRESENTATION ON NIGEL
CORRECTIONAL AND REMAND CENTRE
The centre was built in 1965
and no proper maintenance has been done since. A project is
underway to renovate only the roofs.
Classification of the centre:
Nigel
Correction Centre is classified as a medium correctional facility and
accommodates sentenced and unsentenced adults and
juveniles.
Capacity of the centre:
Approved
lock-up - 349
Average
population – 570
The numbers
reflect 170% overcrowding.
Administration:
The centre
has a staff complement of 163, which includes one social worker and two
professional nurses.
Day duty
staff - 100 staff members.
Night duty – 15 staff members
Weekend
duty - 66 staff members (including the
15% of those on leave)
Most
recreational facilities for staff are rented out to external service providers.
In the 2006/07 financial year the centre made a profit of R158 253 from these
rentals. The centre has a production capacity of 600 tons of maize per year,
which is distributed, in equal rations to other centres.
Development and Care:
The
Department of Labour provides offenders with training
in agriculture. As part of its social responsibility programme,
the centre has adopted a Home in the community and some of the vegetables are
delivered there. There are no proper educational programmes
for offenders. Currently, two discipline members render education programmes.
Security:
Nigel has
its own dog unit which is utilized for security back-up at agricultural
sections, external work spans and reception areas. No escapes have been
recorded.
Corrections:
The centre
houses both minimum and medium offenders. Currently there are 31 unsentenced juveniles and two 17 year old children. All unsentenced juvenile detainees are currently transferred to
juvenile centres across the province. The centre has
only one social worker.
PRESENTATION ON NIGEL COMMUNITY
CORRECTIONS
The
approved staff establishment is 7 and is currently filled to capacity. The
budget allocated for 2007/08 is R387 300.
The centre
accommodates 168 offenders on corrective supervision sentences, in addition to
those on parole supervision. Nigel is the first centre with a Community
Corrections Forum (CCF). Offenders are served four times a month to make
services accessible to them.
Active
probationers – 63
Active
parolees – 81
Absconders
(probationers) – 2
Absconders
(parolees) – 22
In 2007/08
a total of 27 offenders have so far been reported as absconders. 38 have been
traced again. Monitoring is done monthly, depending on the different phases
offenders are put in. Special monitoring is done by means of surprise visits to
offenders on parole.
Nigel has
six active community service institutions and more applications have been
received from community organizations that seek to be registered as community
service centres.
To reduce
overcrowding, some ATDs with bail amounts of less
than a R1 000 have been referred to the centre. Two court officials assist with
requests from the Court. Currently, there are 16 such offenders in the system.
Challenges:
PRESENTATION ON
Classification of the centre:
Devon
Correctional Centre was officially opened in March 2002 and is a pre-release
centre, located very far and surrounded by a farming community. It provides
pre-release development programmes that would improve
offenders’ chances at social acceptance upon their release. The SANDF
previously used the centre as an air base monitoring air control throughout the
Republic and was clearly not intended to be a prison.
Agricultural
activities such as maize production as well as animal breeding take place and there
is a lot more potential for the development of the land at the centre.
As the
centre is not cost effective and not serving its intended purpose, negotiations
to convert the centre into a medium facility are currently underway at Regional
office level. This would also assist in curbing overcrowding in surrounding
correctional centres.
Capacity of the centre:
Approved
lock-up capacity – 630
Current
lock-up – 440
The centre
is currently filled to 69.8% of its capacity.
Administration:
The centre
has 153 discipline staff, including 55 students (who must still undergo basic
training), four educationists, one social worker, three nurses and five
officials for nutritional services. The post establishment is currently filled
at 69%.
Corrections:
All offenders
housed at the centre have approved dates of release and all support systems
should be in place prior to their release. Offenders are kept for 12 months
before they are released.
All
offenders transferred to the centre must meet specific criteria in order to
ensure that security is not challenged and escapes do not occur. Offenders are
reluctant to be transferred to this facility due to its location far from
family and friends.
Two escapes
were recorded in 2005 and three officials were dismissed.
A big slice
of the budget is spent on the cost of transporting offenders back to their
respective homes on release.
Development and Care:
Educational
and developmental programmes are available.
Security:
Offenders
are accommodated in a boarding house environment where only the entrance door,
and not cell doors, is locked at night. The structure as well as accommodation
facilities are in a dilapidated state with a lot of work needing to be done. To
date, no escapes have been recorded.
Day-duty
staff: 75-90
Night-duty: 12
Security
and guarding: 52
Weekends: 78
Challenges:
MEETING WITH STAFF AT
THE MODDERBEE MANAGEMENT AREA (MODDERBEE, NIGEL AND
In all
interactions with staff, it was clear that most challenges facing them need to
be dealt with at a national level.
The following
were some of the concerns raised:
E.
Recommendations
1) Though faced with a number of
challenges the Committee thought the manner in which the region dealt with
community corrections commendable. It was the only region that had community
correction forums and these bodies enjoyed the involvement of the entire
community including municipal councilors. Such forums should be rolled out
across the country.
2) Because staff work with hardened
criminals, are exposed to so much risk and are nevertheless expected to
rehabilitate offenders, the Committee recommends that a review of staff
salaries and promotion policies be done as a matter of urgency. This would
assist in boosting the low staff morale at the centre.
3) There is a great urgency to beef up
the capacity of the Parole Board. In dealing effectively with the release of
offenders, the involvement of the Justice Cluster is of utmost importance.
4) To curb overcrowding, regular
meetings with the Magistrates should be held to identify and discuss the need
to bring offenders with minor offences before the Court. The Committee
therefore recommends a further clarification on the role of the Justice Cluster
in the CSPB.
5)
The Committee is of the view that the involvement of community leaders, eg Councilors and Amakhosi in the
parole process is critical as this is intended to extend the arm of
Correctional Services. The Committee therefore recommends that community
representatives on the Board must develop, as part of the board’s marketing
strategy, awareness campaigns in order to improve the functioning of the CSPB.
6)
The Committee, in its interactions with Awaiting Trial Detainees (ATDs), realized that a number of detainees are behind bars
because they could not afford the bail that was set, others have not made bail
applications and others have not appeared before the Court of law. The Committee therefore recommends an
urgent intervention by the Justice Cluster to accelerate the court cases and to
identify alternative measures for the sentencing of juveniles on bail
applications below R1 000.
7) The Committee, in its interaction
with sentenced offenders, realised that some
completed more than half their sentences without appearing before a parole
board. The Committee recommends that sufficient support systems be put in place
to ensure that offenders who were eligible for parole are not overlooked.
8) The Committee is also of the view
that, as part of curbing overcrowding at the centres,
Community Corrections Centre must be established and be fully capacitated in
order to alleviate the problem.
9) The Committee, in its interaction
with staff, requested that the Head of prison assess and give feedback on the
alleged misconduct of one of the staff members during the meeting.
10) In order to ensure compliance by
offenders on correctional supervision and parole conditions, the Committee
recommends that family members be made aware of such conditions and that closer
links with the SAPS be forged.
11) The Committee has observed that due
to staff shortages, students, who are not yet accredited officers, are utilized
fully at the centres. This posed a high risk to their
safety. The Committee is also of the view that it is very crucial that highly
skilled personnel operate in these centres because
they prepare offenders for integration into society. The Committee therefore
recommends urgent intervention in order to accredit the students as
Correctional Officers as soon as they complete basic training.
12) The
13)
The Department should review its strategy as
far as the wearing of a uniform by officials charged with supervising parole,
and the use of vehicles with the DCS insignia on visits. In KZN parole officers
could move around undetected (and thus be more effective as far as unsupervised
visits), as they did not wear uniforms and used unmarked vehicles.