REPORT
OF THE PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES ON ITS VISIT TO PRISONS IN
THE SOUTHERN CAPE
The Portfolio Committee on Correctional Services having undertaken an oversight
visit to the Southern Cape from Monday 07 May to Friday 11 May 2007, reports as
follows:
INTRODUCTION
The
Portfolio Committee on Correctional Services undertook an oversight visit to
the Southern Cape from 07 – 11 May 2007 and visited the following prisons:
·
Helderstroom Correctional
Centre
·
Buffelsjagsrivier Correctional Centre
·
Mosselbay Correctional
Centre
·
Knysna Correctional
Centre
·
George Correctional Centre
DELEGATION
The
delegation comprised:
Mr. DV Bloem (ANC) (Chairperson)
Ms ZN Nawa (ANC)
Ms. W Ngwenya (ANC)
Mr. LJ Tolo (ANC)
Mr. ET Xolo (ANC)
The following Members submitted their apologies:
Ms LS Chikunga
Mr I Vadi
Mr. MJ Phala
Mr J Selfe
Mrs. SA Seaton
OBJECTIVES
The
Committee has since 2004 visited most Correctional Services regions and has
identified many shortcomings within the DCS. During the hearings on the
Department’s 2005/6 Annual Report and its 2007/8
Budget, it was established that the DCS will put in place systems, projects and
initiatives to ensure an unqualified audit report for the next financial year. According
to the DCS, many of these initiatives are already in place. At the time of the
hearings the Committee requested timeframes for many of these projects and
intends to keep a close eye on the development and implementation of these
activities within the stated timeframes.
Jali Commission Report
As stated in the President’s State–of–the–Nation
Address it is imperative that the Committee monitor the implementation of
recommendations made in the Jali Commission report.
The Minister informed the Committee that many of the recommendations made
already formed part of the strategic direction of the DCS and that many plans
and structures have been put in place to address those recommendations.
Awaiting Trial Population
The huge awaiting trial population is of grave concern to the Committee. The
Committee is convinced that the numbers can only be reduced through intersectoral cooperation between all role players in the
Justice Cluster. Firm in this conviction, the Committee interacts with the
cluster on all matters so as to ensure that the matter is being addressed and
that the Committee’s recommendations are implemented.
The functioning of Correctional
Supervision and Parole Boards
Many parole boards have been established across the
regions and chairpersons and deputy chairpersons have been appointed. In
November 2006, representatives from various parole boards appeared before the
Committee. During that interaction parole boards drew attention to the
challenges they faced. The Correctional Services Act, Act 111 of 1998, makes
provision for independent parole boards and therefore Committee needs to ensure
that they functioned properly.
Women and women with children in prison
The Judicial Inspectorate of Prisons reported to the Committee that many women,
especially those who are pregnant or have children, turn to crime so that they
could be imprisoned as they believe, falsely, that conditions in prison are
better than in society. Imprisonment has a very negative impact on the children
and families of these women.
Youth and children in prison
The Committee remains committed to assisting in the creation of a better
environment for juveniles who are in conflict with the law as well as to ensure
that children in conflict with the law are not imprisoned.
FINDINGS AND RECOMMENDATIONS
The following are the findings and recommendations of
the Portfolio Committee on Correctional Services:
1.
Correctional Centre Statistics
I] Helderstroom
Correctional Centre
Medium Centre:
Sentenced Inmates = 1239
Maximum Centre:
Sentenced
Inmates = 910
Unsentenced Inmates = 8
Ratio of Staff to Inmate:
Medium Centre: 1:25
Maximum Centre: 1:19
Staff Totals:
Medium Centre = 226
Maximum Centre = 172
Administrative Staff = 101
II] Buffelsjagsrivier
Correctional Centre
Sentenced Adults = 270
Unsentenced Adults = 44
Sentenced Juveniles = 7
Unsentenced juveniles = 8
Ratio of Staff to Inmate = 1:8
Staff Totals = 82
III] Mossel
Bay Correctional Centre
Lock Up totals as at the time of visit = 505
Actual Percentage Accommodation = 152.56%
Sentenced Inmates:
Children = 39
Juveniles = 230
Unsentenced Inmates:
Children = 31
Juveniles = 106
IV]
Knysna Correctional Centre
Actual
Approved Accommodation = 179
Unsentenced Inmates = 198
Sentenced Inmates = 147
Lock up Total as at the time of the visit = 345 (192.7% Overcrowding)
Staff Totals = 97
V]
George Correctional Centre
Actual
Approved Accommodation = 535
Sentenced
Inmates = 681
Unsentenced Inmates = 345
Lock up total as at the time of the visit = 1026 ( 191.77% Overcrowded)
Staff totals = 252
Overcrowding affects both offenders and staff working within overcrowded
centres. The centres visited during this oversight visit were not as
overcrowded as many of the others the Committee has visited. The Committee
believes that this is an indication of the continuous interaction between the
DCS and other partners within the Intersecoral
Justice Cluster.
Magistrates and courts are being urged to place unsentenced
juveniles in the custody of their parents, to consider correctional supervision
sentences, to apply correctional supervision sentences for unsentenced
inmates as well as to consider sentence diversion. Unsentenced
offenders are also being encouraged to consider plea-bargaining. In addition unsentenced offenders with further charges pending, are often placed in single cells to relieve
overcrowding at centres.
Despite interventions from the DCS, awaiting trial detainees (ATDs) receive little or, in some instances, no assistance
from the Legal Aid Board lawyers. Many of them do not know their lawyers and
cannot reach them telephonically. It was pointed out that often LAB lawyers
appear in court without prior consultation with their clients.
The DCS, as part of a Crime Prevention initiative, is part of Community
Policing Forums in many of the areas visited. This initiative has been very
successful. The DCS also has case flow management meetings with the Department
of Justice and meetings with SAPS to address the large awaiting trial population
in centres in the Boland region.
Due to the good management of overcrowding, gangsterism
is not very rife in the areas visited. Some of the centres do attempt to
separate gangsters from other offenders, but this initiative does not receive
preference as accommodation, (single cells) is not always sufficient. The DCS
has reported a few instances of gang violence, but this is managed by the staff
and managers. Drug-trafficking by members of the public remains a problem as
many of the centres visited are located in the rural areas of southern
A number of Development and Care programmes are being offered to offenders as
part of the rehabilitation initiative and other life skills and needs-based
programmes in partnership with external stakeholders and the Department of
Labour. The importance of the personal wellbeing of offenders was highlighted
and is being facilitated through rehabilitation programmes that fall within the prescribes of the Offender Rehabilitation Path.
Offenders that are empowered and skilled when they are released are less likely
to re-offend.
Concerns about the lack of availability of educational facilities, especially
for juveniles, were raised. Most of the centres attempt to implement Unit
Management, but because of the structure of the correctional centres, this is
not always possible. Concerns were also raised about the fact that many
offenders could not undergo the training courses offered by the Department of
Labour, because they do not have identity documents. The correctional centre in
George informed the Committee that although the Department of Home Affairs was
meant to assist the DCS in this regard, its officials have never visited the
facility.
2.
Correctional Supervision Parole Boards
The Portfolio Committee met with the parole boards in
the areas visited in order to investigate their composition, functioning and
challenges.
The Overberg District parole board serves Helderstroom and Buffelsjagsrivier
Correctional Centres. This Parole Board is still chaired by a DCS official (in
an acting capacity). The SAPS and Justice representatives
do not always attend the hearings. The Helderstroom
Management Area has 57 expired cases of parole. The circumstances surrounding
these cases vary from unavailability of accommodation and uncertain addresses
to lack of acceptance and support from family members. The DCS indicated that
it has regular Imbizos aimed at making communities
aware of the role and functioning of parole boards.
The Southern Cape parole board serves the
Whilst interacting with inmates, the Committee found many had had to appear
before the parole board, but failed to due to the profiles that had been
prepared. Many CMCs seem to find the implementation
of Section 276(i) of the Criminal Procedure Act
problematic. The provision states that a person can be considered for parole
after serving one sixth of the sentence, yet many sexual offenders, had to
first complete module three (3), which is a three year sexual offences
programme, before they could be considered for parole.
It was pointed out that the relationship between the members and the
Chairperson of the Parole Board was also not good. The Chairperson often failed
to show up for parole hearings or deliberately delayed the proceedings.
Comments and Recommendations
The
Portfolio Committee on Correctional Services agrees that parole boards should
be independent from the DCS, but where they did not function properly, action
should be taken. The Committee has always stated that parole should no be used
to relieve overcrowding and that the interest of the public should always be
taken into consideration. The Committee is also of the view that parole should
not be automatic, but is a privilege and that inmates should be made aware of
this. The Committee cannot condone the improper functioning of parole boards.
The boards should be representative and unbiased. The Committee believes in a
just and fair parole board and will never be soft on crime.
The Committee recommends that the
following matters be addressed immediately:
·
The case backlog must be
dealt with and there should be proper communication around the completion of
offender profiles.
·
The Minister’s urgent intervention in the matter of
the alleged racist and biased conduct of the Chairperson of the Southern Cape
Parole Board is recommended. Should the a Chairperson of a parole board not
perform or carry out functions as prescribed in the Act, strong action must be
taken against him or her.
·
The composition of the Parole Board of the Overberg region should be addressed and the DCS should
ensure that the SAPS and Justice officials are present
at Parole Board hearings.
·
The mayors and counsellors in the different areas
must be involved in raising community awareness around parole and in assisting
with the tracing of the offenders’ families.
·
Staff serving on the Case Management Committees
must be sent for in-depth training as case officers as this will greatly assist
Parole Boards.
3. Staff concerns
The
Portfolio Committee met with both management and staff in all Correctional
Centres to address key concerns and problems. Most of the problems identified were common in
the region. The following are some of
the key concerns highlighted by managers and staff:
3.1 Salary
Adjustments and Promotions
Many concerns were raised in terms of the salary packages of staff. Staff indicated
that those working in the DCS for 10 years or longer are still on the same
level. A recommendation was made that the Committee should intervene to ensure
that the DCS become part of the Security Cluster of Government as it forms part
of the Social Cluster. Being in the Security Cluster, staff of the DCS can be
on the same level as their colleagues in the Police. It was stated that an
official from SAPS with 24 months service earns R 73 000 per annum, but an
official from DCS with 20 years of service, does not even earn R 63 000.00 per
annum.
The morale of staff is low in many
areas. It was mentioned that staff terminate their services with the DCS as
there is no link between bursaries, notch progression and promotion in the DCS.
It was felt that the monies of staff on retirement, ill health retirement or
who passes on, takes a very long time to get paid out. Families are left
destitute and do not have places to stay.
Comments and Recommendations
While the Committee commends the implementation of the interim promotion
policy, it recommends that much more should be done in the area of promotions.
No or too few opportunities for promotion is a key
contributor to the decline in staff morale.
The Committee also urges the DCS to develop a promotion policy for staff at
lower levels. Such an opportunity will boost morale which in turn would have a
positive impact on offender rehabilitation.
3.2. Shortage
of Professional Staff
The White Paper on Corrections highlights needs-based rehabilitation as an integral
part of the sentencing process. The recently-developed Offender Rehabilitation
Path is an integral guide that should inform all aspects relating to the
inmate’s incarceration. The ORP’s successful
implementation is dependant upon the assistance and dedication of professional
staff.
Nurses, leave the Department in search of better
work opportunities - some seek employment abroad while others return to the
Department of Health which, as alluded to before, provides health care workers
with better incentives. The shortage of social workers is problematic
especially considering that inmates have to consult with a social worker before
appearing before the parole board. The shortage of social workers results in
parole hearings often having to be delayed.
Comments
and Recommendations
The Committee is aware that a retention and
recruitment strategy for all staff, not only professionals, has now been
developed and approved, and calls for the immediate implementation of said
strategy.
The Committee has on numerous occasions raised concerns about the salary
packages for professional staff. These packages will not attract and retain the
necessary and critical staff members. The
DCS should, as part of the staff retention efforts, offer market-related
salaries to professionals.
3.3. 7 Day Establishment
Although many of the staff members understand the provisions and procedures
related to the 7-day establishment, it has created many problems within their
working environment. Overtime has, up until now, served as a means of
supplementing staff salaries. Staff do not want to work overtime as they are
not sure when overtime will be phased out completely. They prefer that the
Department make provision for other ways of adding to their compensation once
the overtime has been phased out.
As working on a Sunday entitles staff to time off, the 7 Day Establishment has
created many staff shortages especially over weekends. At the Helderstroom Correctional Centre the ratio of staff to
inmates can at times be as dire as 3 staff members to 90 inmates over weekends.
The three staff members are expected to guard inmates, register telephone calls
and complaints, manage gates as well as perform other
administrative tasks. Such grave under staffing poses a security risk to both
staff and inmates.
Comments and Recommendations
The Committee recommends that staff be kept informed of developments around the
completion and phasing in of the 7 Day Establishment as well as whether the DCS
will provide for alternative benefits.
3.4 Transport
Staff complained about the lack of transport provided especially to those staff
members that work nights. The Knysna Correctional
Centre is located in a remote area of the town where public transport is not
freely accessible. Staff often have to walk long
distances to the Centre and this is extremely dangerous.
Comments
and Recommendations
Whilst the Committee recognises that the provision of transport to staff
has budgetary implications, it is clear that when there is limited or no public
transport available, and when it is dangerous for staff to travel at night, the
DCS should ensure that transport is available to staff so as to ensure their
safety. The Committee therefore recommends that the transport policy of the DCS
be revisited so as to allow transport, especially for those working night
duties. This should be prioritised in the rural areas.
3.5. Staff Accommodation
Many staff members identified the need for more and improved staff
accommodation. New recruits are often placed at centres far from their homes
and have to rely on official accommodation.
At the Buffelsjagsrivier Correctional Centre, staff
complained about the single quarter accommodation and the fact that female and
male staff members have to share shower and sanitary facilities.
The current ± R 400.00 per month housing allowance is also a matter of concern.
Many Correctional Centres are situated in well established areas but
Correctional Services staff cannot afford to purchase property in those areas.
A town such as Knysna is a holiday resort and it is
impossible for DCS staff to compete with international investors when it comes
to housing.
Comments
and Recommendations
The Committee finds it unacceptable that female and male officials have
to share bathroom facilities and recommends that the DCS give serious attention
to the situation outlined above. Separate bathroom facilities should be erected
at the Centre concerned as soon as possible.
The Committee is aware that the DCS is revisiting its policy around official
accommodation and recommends that staff should be informed of any developments
and or changes in this regard.
Facilities
Many of the centres visited questioned the
practicality of the White Paper. Staff felt that the White Paper was written
with reference to the New Generation Prisons. The current correctional centres
were not build to rehabilitate offenders, but rather
to detain people. These centres are very old and definitely not conducive to
rehabilitation and at many of them the implementation of unit management is
virtually impossible.
Staff were also concerned about the lack of classroom
facilities at centres. Many potential students have to be turned away due to
lack of space.
The Committee was also informed that the DCS aims to separate first-time offenders
from other hardened criminals. Not separating these categories of offenders
will counter rehabilitation efforts but due to space constraints, such
separation is not possible.
A social worker informed the Committee that she often has to offer programmes
for up to 12 offenders, in her office. This impedes the successful
implementation of the programme and poses a security risk.
Comments
and Recommendations
Rehabilitation should be seen as the DCS’ core function. The DCS will fail
dismally in fulfilling its mandate if services such as education cannot be made
available to inmates. The Committee views education as an integral part of the
rehabilitation process especially in instances where large numbers of inmates
are illiterate - at the Mosselbay Correctional Centre
for instance only 12% of juveniles have completed Grade 12.
The Committee therefore strongly recommends that the DCS use its own
labour force i.e. inmates to upgrade and maintain facilities.
This labour force should also erect temporary classroom facilities, in
order for the DCS to accommodate more offenders in educational programmes.
New Recruits
Many
new recruits/students have been deployed to the
The DCS explained that students are selected randomly and that it has been
decided that whilst one group receives theoretical training at colleges,
another receives practical training at the centres.
E. CONCLUSION
The Portfolio Committee is very impressed with the
management and functioning of the correctional centres it visited during the
visit. Members were also impressed with the concerted effort made by DCS staff
to address problems associated with the awaiting trial detainees and parole.
The Committee would however like to see more community involvement and
awareness of DCS programmes and activities. Entire communities need to be
brought on board to ensure rehabilitation and to assist in crime prevention.
The Committee applauds the officials of the region for their hard work under
often very trying conditions.
The Committee will monitor the implementation of the recommendations contained
in this report and expects the DCS to, within one month of the House’s adoption
of this report, provide feedback on progress made in the implementation of the
above-mentioned recommendations.