ATC131010: Report of the Select Committee for Security and Constitutional Development on the Budget, APP and Strategic Plans of the Department of Correctional Services, dated 9 October 2013
NCOP Security and Justice
Report of the Select Committee for Security and Constitutional Development on the Budget, APP and Strategic Plans of the Department of Correctional Services, dated 9 October 2013
The Select Committee on Security and Constitutional Development having considered the Annual Performance Plan (APP), Strategic Plan and the Budget Vote of the Department of Correctional Services (DCS) reports as follows:
1. Introduction
Section 55(2)(a) and (b) of the South African Constitution, 1996 empowers Parliament to have oversight over the Executive. Section 69(b) empowers the National Council of Provinces to require any institution to report to it.
The Department of Correctional Services (“the Department”) derives its mandate from the following pieces of legislation:
1. The Correctional Services Act (111 of 1998)
2. The Correctional Matters Amendment Act (5 of 2011)
3. The Criminal Procedure Act (51 of 1997)
4. White Paper on Corrections (2005)
The vision of the Department is “Providing the best Correctional Services for a safer South Africa” while the mission of the Department is “Contributing to a just, peaceful and safer South Africa through effective and humane incarceration of inmates, rehabilitation and social reintegration of offenders”. The Minister of Correctional Services indicated that there are over 154 000 inmates in prison in South Africa with a population of 50 million, while Nigeria with a population of over 179 million people only have 44 000 inmates in prison.
The Department has three strategic goals for the APP period:
1. There is effective criminal justice through effective management of remand processes
2. Society is protected through incarcerated offenders being secure and rehabilitated
3. Society is protected by offenders being reintegrated into the community as law abiding citizens
These three goals contribute to the general goal of the cluster of enhanced public safety and reduced re-offending, which in turn contribute to delivery of Government Outcome 3: All people in South Africa are and feel safe. The Department has aligned the cluster outputs with the Government’s outputs and also contributes to Output 2 of the seven cluster outputs.
2. The Budget of the Department of Correctional Services
The Budget of the Department totals R18 748.1 billion and grows to R19 721.1 in 2014/15 and R20 795.3 billion in 2015/15.
Budget summary
|
R million |
2013/14 |
2014/15 |
2015/16 |
|||
|
Total to be appropriate |
Current payments |
Transfers and subsidies |
Payment for capital assets |
Total |
Total |
|
|
MTEF allocation
|
|
|
|
|
|
|
|
Total expenditure estimated |
18 748.1 |
17 554.0 |
77.6 |
1 116.5 |
19 721.1 |
20 795.3 |
The Incarceration programme receives the lion’s share of the budget, accounting for R10 021 billion followed by administration which accounts for R5 250 billion. The Care Programme accounts for R1 582 billion while rehabilitation accounts for R1 092 billion and Social Integration accounts for R801.3 million.
3. Programme Management
The Department has five core programmes and its budget is shared between the programmes. Its programmes are Administration, Incarceration, Rehabilitation, Care and Social Integration. As part of its strategic focus, the Department has declared 2013 the year of the Correctional Official and will as part of its plans turn correctional centres into centres of learning, deal with crime and corruption and encourage freedom and order.
3.1 Programme 1 (Administration)
The purpose of the programme is to provide leadership, strategic management and administrative support to the Department.
The Administration Programme accounts for R5 250 billion of the budget for the 2013/14 financial year. This increases to R5 474 billion in 2014/15 and R5 851.5 billion in 2015/16.
The strategic objective of the administration are: building organisational capacity for enhanced service delivery; effective management of business processes to promote good governance and ethical administration; provide a secured ICT infrastructure and business systems; and professionalising for effective human resource management and development.
The programme has launched a business re-engineering process and the Department reported that 97% of posts were filled and there were 2232 vacancies. The Department indicated that during the 1st quarter 19% or 424 posts had to be filled. During the 2nd quarter that figure increased to 28% or 625 posts, while the same numbers applied to the third quarter. The 4th quarter will see 556 or 25% of vacant posts filled.
Up to 15 000 officials were trained in the Work Skills Plan and the Integrated Health and Wellness Strategy.
3.2 Programme 2 (Incarceration)
The Incarceration Programme is the biggest programme, accounting for R10 021 billion during 2013/14, and increasing to R10 567 billion in 2014/15 and R11 051 billion in 2015/16.
The purpose of the programme is to provide appropriate services and well maintained physical infrastructure for safe and secure conditions of detention consistent with human dignity of inmates, personnel and the public. The Department currently has 243 correctional centers with a population of 155 836 and bed space for 118 154 inmates.
The Incarceration Programme contains four sub-programmes of which the biggest is Security operations with a budget of R 5 831 billion for 2013/14. Facilities management accounts for R1 941 billion, while Remand Detention accounts for R 699 123 million and Offender Management accounts for R1 550 billion.
The purpose of the Security Sub-programme is to provide safe and secure conditions for all persons incarcerated, consistent with human dignity, and thereby provide security for personnel and the public. The escape rate stands at 0.03%, while unnatural deaths also account for 0.03%.
The purpose of the Facilities Sub-programme is to provide physical infrastructure that supports safe custody, humane conditions, and the provision of correctional and development programmes, care and general administration. The Department reported that it would make an additional 471 beds available during 2013/14.
The purpose of the Remand Sub-programme is to ensure the effective and efficient remand detention management by carrying out court decisions and accommodate remand detainees in safe and secure facilities consistent in a Human Rights environment. The Department reported that 11% of Remand Detention cases with bail are placed under non-custodial system against those with bail. The Department also intends to reduce the average length of time in remand detention by 12 days during 2013/14. Lastly, the Department indicated that it intends to see the White Paper on Remand Detention approved and aligned with operational policies during 2013/14.
The purpose of the Offender Management Sub-programme is to provide an environment supportive of the rehabilitation and safety of offenders through regular classification, assessment, compilation of correctional sentence plans, effective administration and operation in well maintained facilities. The Department indicated that it intends to reduce overcrowding in correctional centres by 30% during 2013/14.
3.3 Programme 3 (Corrections)
The purpose of this Programme is to provide an environment supportive of the rehabilitation and safety of offenders through regular classification, assessment, compilation of correctional sentence plans, effective administration and operation in well maintained facilities. The programme budget totals R1 092 billion for 2013/14, escalating to R1 144 billion in 2014/15 and R1 208 billion in 2015/16.
The Programme has three sub-programmes which include the Correctional Programmes, Offender Development and Psychological, Social and Spiritual Services.
The purpose of the Correctional Programme is to provide needs-based and offence-based correctional programmes and interventions, based on an assessment of the security risk and criminal profile of individuals targeting all elements associated with offending behavior, and focusing on the offence for which a person is sentenced to correctional supervision or sentenced to a correctional centre.
Part of the indicators of the Correctional Programme is to increase the percentage of offenders with correctional sentence plans who completed correctional programmes from 30% in 2012/13 to 60% in 2013/14.
The purpose of the Offender Development programme is to provide programmes and services to offenders to increase their level of education and skills acquisition. The Department reported that it intends to increase the percentage of offenders who participate in learning programmes from 64% in 2012/13 to 67.2% in 2013/14.
The purpose of the Psychological, Social and Spiritual Services Programme is to manage and ensure the rendering of need-based psychological, social and spiritual services to sentenced offenders and persons under correctional supervision which aim to improve their health and emotional well-being and assist in their rehabilitation and re-integration into the community. During 2012/13 the Department established a baseline against which to measure psychological services. The Department intends to increase by 5% the number of inmates involved in the programme during 2013/14. It also intends to increase to 57% the percentage of incarcerated offenders and those sentenced to Correctional Supervision who is involved in social work services.
Lastly, the Department indicated that it also intends to increase the number of inmates who benefit from spiritual services from 50% in 2012/13 to 52% during 2013/14.
3.4 Programme 4 (Care Programme)
The purpose of the Care Programme is to provide needs-based care services aimed at maintaining the well-being of inmates in the Department’s custody. The programme accounts for R1 582 billion in 2013/14 and increases to R1 676 billion in 2014/15 and R1 768 billion in 2015/16.
The programme consists of three sub-programmes: Nutrition Services, Health Services and Hygienic Services. The purpose of the Nutrition Programme is to provide inmates with appropriate nutritional services consistent with health norms and standards as defined in policy. The Department intends to monitor the resources available to food services units throughout the country in 2013/14.
It also intends to increase the percentage of inmates who have been tested for HIV from 45% in 2012/13 to 50% in 2013/14.It has also set itself a target of increasing the percentage of inmates on anti-retroviral therapy to 94% in 2013/14. The TB cure rate has been set at 75%.
3.5 Programme 5 (Social Integration)
The purpose of the Programme is to provide services focused on offenders’ preparation for release, effective supervision of offenders placed under the system of community corrections and facilitation of social reintegration into their communities. It contains five sub-programmes which are made up of Parole Administration, Supervision, Community Re-Integration and Office Accommodation: Community Corrections. The total spend on the programme is R801 341 million in 2013/14, R858 624 million in 2014/15 and R915 033 million in 2015/16.
The Department has set itself a target of 94% of parole cases submitted by correctional management centers are heard by parole boards. It also reported that 500 offenders will be placed under electronic monitoring in 2013/14. It will have eight Victim / Offender Dialogues between victims and offenders and finalise service level agreements for 6 halfway houses.
4. KEY ISSUES RAISED BY THE COMMITTEE
4.1 Appointments
One of the key issues raised by the Select Committee on Security and Constitutional Development (“the Committee”) concerned the manner in which appointments were made in the Department of Correctional Services. At issue for Members were situations where staff members act in positions for up to a few years, and then have someone else appointed despite legitimate expectations of the acting staff member to be appointed in the post. Members were particularly concerned that acting staff do not have the authority to appoint people. The Minister agreed that there should be mobility in staff across the criminal justice cluster and pointed out that acting persons do not have the authority that is required of them. In this regard, he pointed out that the vacancies across the Department’s management structure are being filled. One of the reasons for the delay was that the National Commissioner’s span of control was too huge to manage and this affected the efficiency of the Department. The structure has now been filled up to 100% and all six regional commissioners were appointed with only six areas commissioner’s posts being vacant. Internal vacancies arise because of promotions.
4.2 Rehabilitation
The Committee queried the efficacy of rehabilitation programmes and wanted to understand how the Department goes about increasing rehabilitation programmes and how they measure its efficacy.
4.3 Victim Offender Dialogues
The Committee asked questions on how the Victim / Offender Dialogues are working and wanted to know what the formats that the dialogues take and whether it was effective. The areas that were unclear for Members included managing the release process of offenders and the pardons (if any), and whether the dialogues made provision for that.
4.4 Role of DCS in Justice Crime Prevention and Security (JCPS) Cluster
Members wanted to know how effective the Department was in the JCPS and what role it played in the Cluster. The issue of escapes was also noted and Members questioned how the Department was managing this.
4.5 Shifts and Management of Personnel
Members noted that during their oversight visits, the issues of shifts were identified as a problem and as a causal factor for some of the violence at Groenpunt. Of concern was the fact that the Department did not appear to be managing the shifts well which gave rise to some of the problems at the Groenpunt prison. Members asked the Department to address the issue urgently as it affected other prisons as well.
4.6 Electronic Monitoring System
The Committee raised further concerns about the non-implementation of the electronic monitoring system. This has been in the making for a number of years and the Department has yet to show evidence that the system works. The Members indicated that they have heard of the electronic monitoring system over a number of years but have not seen evidence of it being implemented.
In addition the Members noted that the Department reported that it has defended up to 80% of litigation against it. Members wanted to know what kinds of litigation were being defended by the Department.
The Committee requested details of the Human Resource Development (HRD) Strategy employed by the Department.
4.7 Nutrition
The Committee noted its reservations and concerns about the nutrition programme. It indicated that the Department could not deal with the shortage of staff and that the new shift system was introduced to save costs.
5. DEPARTMENTAL RESPONSES
The Department reported that the Ministerial Task Team comprised of officials from DCS, members of POPCRU and the PSA. The Task Team was looking at all issues affecting staff, including the provision for overtime and the shift system. When its work is completed and the report produced, the Committee will be apprised of the outcomes. This report is expected to be completed in June 2013.
As far as the issue around travel policy was concerned, the Department noted that there was one travel policy and it did not discriminate against officials.
As far as the health of inmates was concerned, the Department has TB equipment that was donated by the Deputy-President. There was one machine per region and the Department has requested increasing the number in their discussions with the Department of Health.
The audio visual system was used to postpone cases. The audio visual system (unveiled by the Deputy President) roll-out has been affected by cable theft. Plans are underway to rectify the matter.
The Department noted that placement of offenders into formal jobs are difficult because the government Z83 form indicates that persons with criminal records cannot be appointed in government positions, thus discriminating against offenders.
5.1 Victim / Offender Dialogues
The Department reported that there are eight events in the Strategic Plan. They are Ministerial events, but that there have been events at 85 centers throughout the country.
5.2 Electronic Monitoring System
The Department noted that electronic monitoring system will enable the Department to reduce overcrowding in correctional centers. There are currently between 104 000 and 105 000 sentenced offenders and 40 000 awaiting trial detainees. The Department’s facilities can accommodate 120 000 inmates and some people have been awaiting trial for up to seven years. It was the Department’s view that democratic countries around the world are reducing the numbers of people inside prison. South Africa is number one in Africa with the most inmates and 9th in the world as far as prison populations are concerned. This increases the risk of the Department being sued because of the overcrowding. The electronic monitoring system will allow the Department to find offenders to within one metre and they will be working with SAPS to assist the Department.
5.3 Rehabilitation Success Factors
As far as Departmental success with regard to the efficacy of rehabilitation was concerned, there were indicators that are used to determine whether the programme was successful. These include a display of total regret in the part of the perpetrator and remorse. The offender must also demonstrate that he wants to reconcile with the victim if there is willingness on the part of the victim. There also has to be an acceptance on the part of the offender that he/she wronged someone for the rehabilitation to be successful.
5.4 Rehabilitation
Offenders are given the opportunity to improve themselves and become involved with Adult Basic Education (ABET) Programmes at the state’s expense of R7-8000 per year. Offenders are also able to take part in the Reading for Redemption Programme where they are encouraged to read one book a month. They can also work towards sentence remission if they read twelve books; through this they are able to reduce their sentence by 48 days. It was reported that the Department is working with the Portfolio Committee on Police on the issue of awaiting trial detainees. Between 40-50% of awaiting trial detainees are kept in correctional facilities because, despite being awarded bail, they cannot afford to pay it.
5.5 Nutrition
Nutrition was outsourced in eight management areas. The practice of choosing the biggest supplier has cause major problems for the Department. The Department conducted a feasibility study on in-sourcing and is awaiting the results.
The Committee noted that while there was progress in the Department’s Strategic Plan, it did not support the idea of inmates working for BOSASA who has been contracted to cook food. The Committee noted that it was concerned about corrupt practices in these processes. The Committee noted that inmates should be kept busy and that they are idle under the current regime at Virginia Correctional Centre. It was the opinion of the Committee that inmates and correctional centers should follow the examples of Zonderwater and Baviaanspoort centers which are growing their own food.
6. Recommendations
The Committee recommends that the Department should do the following:
(i) Fill all vacant posts as soon as possible.
(ii) Provide the Committee with a copy of the findings of the Ministerial Task Team within ninety days.
(iii) Apply the provisions of its travel policy fairly to all staff members, irrespective of their rank.
(iv) Report which matters it has legally defended and make such report available to the Committee within 90 days
(v) Make available its Human Resource Development Strategy to the Committee within ninety days.
(vi) Roll out the TB screening equipment throughout the country.
(vii) Train warders to be able to better handle the new situations in correctional centers.
Report to be considered
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