ATC170215: Report of the Select Committee on Security and Justice on an Oversight Visit to the Northern Cape to determine the effect on operations at Tswelopele Correctional Facility of prisoners received from Pollsmoor on 1 February 2017, reported dated 15 February 2017

NCOP Security and Justice

Report of the Select Committee on Security and Justice on an Oversight Visit to the Northern Cape to determine the effect on operations at Tswelopele Correctional Facility of prisoners received from Pollsmoor on 1 February 2017, reported dated 15 February 2017.
 

1.     Delegation:

1.1.   The oversight delegation was composed of the following members: 

Province	Political Party	Present
Eastern Cape	African National Congress	Hon T Wana
Free State	African National Congress	Hon Mr J Mohapi
KwaZulu-Natal	African National Congress	Hon JM Mthethwa
	Democratic Alliance	Hon Mr M Chetty
Mpumalanga	African National Congress	Hon Mr MT Mhlanga
Northern Cape	African National Congress	Hon G Manopole
North West	Economic Freedom Fighters	Hon Ms TJ Mokwele
Western Cape	African National Congress	Hon Mr DL Ximbi (Committee Chairperson)

 

 

2.     Background to Tswelopele Correctional Centre Visit: Tswelopele Correctional Centre

On 24 August 2016, the Committee met with the Department of Correctional Services to determine the extent to which the Department of Correctional Services had complied with the matters raised by Judge Cameron in his report on the overcrowding at Pollsmoor Correctional Centre, Remand Centre and Women’s Centre, amongst other issues. The Committee received a briefing on the Department’s action plan to remedy the matters raised by Judge Cameron. The Committee was not satisfied with the Department’s response and committed to visiting the Pollsmoor Maximum Security Prison with the Minister and Deputy Minister.  This oversight visit took place on 26 October 2016. The Department had made strides to remedy many of the shortcomings raised but still struggled to alleviate the overcrowding. The 2016 Western Cape High Court Judgement recommended that the Department of Correctional Services address the issue of overcrowding urgently. In order to comply with the judgement, Pollsmoor moved many sentenced inmates to Tswelopele Correctional Centre to alleviate the overcrowding. The Committee therefore considered it necessary to investigate the impact the transfer of Pollsmoor inmates had on Tswelopele Correctional Centre and the Department’s ability to rehabilitate offenders.

 

1. The Objectives of the oversight visit was therefore to:

• Conduct an inspection of the facilities with an emphasis on bed space, staff to prisoner ratio, food and nutrition, ablution facilities and health facilities.
• To understand the integration of Pollsmoor inmates into the Kimberley Correctional Centre.
• The Departmental plans in relation to overcrowding generally as well as how the correctional centre addresses gangsterism.
• To understand the challenges faced by the Centre.

 

1. Presentation by Regional Commissioner:

The Commissioner presented on the area which encompassed the Free State and the Northern Cape Region which has an approved lock up of 20 566 inmates. In respect of Tswelopele, the approved accommodation is 2880 and the actual population is 2804. Most of the inmates are from the Free State Province. The Correctional Centre has agreed to take 1000 inmates from Pollsmoor and to date has received approximately 300 inmates from Pollsmoor. This Correctional Centre is one of the least overcrowded, hence the shifting of inmates from Pollsmoor to this facility. The staff complement is 426 filled posts and 48 vacant posts and the vacancy rate at Tswelopele is therefore 10.13%.

 

1. Measures undertaken to address overcrowding:

The centre is focusing on the even distribution of offenders within the Management areas and region and effective conversion of sentences (fines and correctional supervision). The centre has established half way houses, which allows offenders to work within communities.

The centre is focusing on the enhancement of the implementation of the New Bail Protocols by Heads of Correctional Centres and Area Commissioners in terms of Section 63 A of the Criminal Procedure Act, the speedy finalisation of investigations by SAPS and Court processes by the Department of Justice.

 

The centre further encourages remand detainees to pay their bail or their families to pay on their behalf. The centre is implementing Section 49G of the Criminal Procedure Act (CPA) whereby the names of remand detainees who have been detained for more than 2 years are submitted to the National Prosecuting Authority (NPA).  Lastly, the centre is implementing the Electronic Monitoring System. All of these measures are being utilised to address overcrowding.

 

1. Presentation of Kimberley management area:

The facility has 2 sports fields and state of the art security systems. Bed space is available for 3000 inmates and the approved accommodation is 302. There are currently 2804 offenders and 426 officials = 1:7 staff to inmate ratio. In this facility, 174 offenders have been moved from Pollsmoor

 

 

 

1. Achievements of the Centre:

It is a registered full time school with 73.9% matric pass rate in 2016. Skills development programmes, including brick laying, tiling, plumbing, rubber and tyre recycling and computer studies are being undertaken at the centre. The facility is also registered as an FET college. Tswelopele provides bread to all four centres in the area including the Boshof and Hopetown Correctional Centres.

 

1. Challenges:

Shortage of staff and high turn-over rate throughout the Department, lack of classrooms to cater for all learning areas, lack of maintenance contracts and the dysfunctionality of the IT server and Central Security System.

 

1. Site visit observations of the correctional centre:
   1. Security:

Members observed a Security control room with CCTV cameras, however this system was unable to record the activities of inmates. Each holding facility has 10 beds and inmates per cell with one toilet. In a section there are 6 holding cells containing 10 inmates per holding cell, with a general ablution section with 4 showers and a laundry facility. In the centre of the holding cells, there is a recreational area with a television, tables and chairs. Inmates at this facility are only locked up in the morning and the evening, otherwise they are allowed to move around freely during the day time.

1. Hospital or Health Care Section:

The hospital facility was very clean with separate wards for inmates. The doctor spoke to members and indicated that TB patients are kept in the medical ward for 2 months before being released into the general inmate area. ARVs are administered regularly to HIV patients and there has been an increase in the number of HIV patients being treated after the voluntary test and treatment initiative being undertaken by the facility. Awareness campaigns are run on a regular basis and the centre receives support from the “Right to Care” organisation in this regard.

The doctor highlighted some of the challenges in respect to special meals which are prepared for diabetic patients for instance, but inmates still eat what they want to. Inmates embark on hunger strikes and overdose on medication and psychological counselling is given to these inmates. A committee member asked how medication is distributed to inmates for them to be able to overdose. The nurse responded that medication is given to inmates in some instances for 5 to 7 days and at times inmates will take all the medication at one time. The nurse assured the committee that this situation is being managed.

Another concern is that whilst the inmates are within the centre they receive the appropriate medication and when they are released on parole, due to poor socio economic conditions, they are unable to access food and fail to attend clinics to continue with their medication. The doctor suggested that this may be circumvented by the parole board insisting on a condition of parole being that the parolee should visit clinics regularly upon release.

A further concern is that upon release, even though inmates have been rehabilitated within the centre, due to lack of employment and food, they commit crime in order to come back into the correctional centre because they receive meals and health care within the correctional centre. There is therefore a need to revisit the overall reintegration of offender system to ensure that this situation is prevented.

1. Kitchen:

The kitchen’s facilities were clean and the centre provides meals for halaal, rastafarian and diabetic inmate’s food separately. Shift systems are 7am to 4pm and this system is being reviewed by the Department due to staff shortages. It costs approximately R50/60 per day to feed an inmate. The Centre is encountering challenges in respect to maintenance.

1. Members Questions and Comments:

Generally all members acknowledged that the facility was very impressive compared to the dire conditions and facilities seen in other provinces. Members made the following comments and raised the following questions:

• Previously, awaiting trial prisoners were held in police cells, now they are being held by DCS and the highest number of prisoners in DCS facilities are those awaiting trial. Research has to be conducted into this area of overcrowding with a focus on awaiting trial prisoners specifically.
• Have the challenges raised by the doctor been taken up with the parole board?

• What is the plan to manage and control gangsterism?
• The centre does not have a maintenance contract and it is less than 10 years old. How is this matter being addressed by the Centre?
• What measures are being undertaken to fix the IT security system?
• Since the inception of this centre, were there any inmate escapes and if so how did this occur?
• What measures have been put in place to address low staff morale and any salary challenges?
• What is the challenge in the province to fill vacancies?
• There is a need for the JCPS cluster to meet and address these challenges collectively.
• Constructive engagement with the parole board is required in respect of the reintegration of offenders into communities. There should also be synergy between the Department of Education and the parole board to ensure that inmates are able to utilise their academic achievements and skills upon release.

 

1. Response by Department:
   1. Employee health and wellness: A programme to support officials is in place, however, officials require financial and budget planning sessions and specific wellness days to be allocated to staff. The main issues are the elevation of officials to higher positions and the cost of living adjustments which should be implemented.
   2. Maintenance: There are problems with the Department of Public Works (DPW) which needs to be addressed. The IT and security system’s problems are being addressed.
   3. Vacancies: The Centre acknowledges that it must deal with addressing vacancies but the challenges which the centre has to address is that the vacancies are in respect of scarce skills for doctors, psychologists, etc. The high vacancy rate is also attributed to high attrition rates, pensions and resignations as well as freezing of posts. The Department has ring fenced the compensation budget for the filling of vacancies and is currently paying OSDs to ensure that past mistakes are rectified.
   4. Inmate Escapes: The Department noted that it has not had any escapes to date.
   5. Remand Detainees: This is a DCS responsibility however, whilst SAPS budget is increased, the same principle does not apply to DCS. More staff are required for remand detainees as opposed to sentenced offenders. In addition, the 2005 White Paper requires that correctional centres move towards a rehabilitation approach which requires particular staff and this is not possible without an increased budget and with the current high levels of overcrowding of remand detainees.                     
   6. Reintegration: The Centre indicated that reintegration also falls within the ambit of municipalities and given that this Committee shares membership with COGTA, it may be worthwhile to encourage clusters and municipalities to take this issue on board.
   7. Gangsterism: Offenders are received from different regions and backgrounds and the Centre has a dedicated official who becomes personally involved with offenders who belong to gangs. The approach taken in this centre to address gangsterism is based on the operation of privileges. Inmates are given privileges which they may not receive at other centres, such as not being locked up for most of the day, the centre has family days for inmates and daily telephone privileges for those who are at a distance from their families. In the event that the inmates are problematic in terms of gang practices, privileges are then removed. Further, individual interventions are undertaken with hard gangsters and their privileges are very limited and they are kept aside from the other inmates. Another approach which has worked is the appointment of leaders/ representatives of offenders who have access to the head of the facility to relay concerns or challenges of fellow inmates. This ensures the development of leadership skills and inmates are also able to influence problematic inmates by encouraging them to follow the rules in order that they may not lose their privileges. The centre has thus far, been successful in controlling and managing gangsterism in this manner.

 

1. Committee Recommendations:

• It is recommended that the Centre should take responsibility for filling its vacancies.
• The Committee will meet with the Department of Public Works (DPW) to discuss the maintenance challenges in respect to the Department of Correctional Services and the building of more classrooms.
• The centre presents a good model of rehabilitation. It is recommended that the Department of Correctional Services consult with the Department of Social Development to address the challenges faced by inmates upon their release.

 

 

Report to be considered.