Criminal Justice System Trends: Briefing by Institute for Security Studies; Outsourcing of Nutritional Services in Prisons: Brie

Meeting report

CORRECTIONAL SERVICES PORTFOLIO COMMITTEE
5 November 2004
CRIMINAL JUSTICE SYSTEM TRENDS: BRIEFING BY INSTITUTE FOR SECURITY STUDIES; OUTSOURCING OF NUTRITIONAL SERVICES IN PRISONS: BRIEFING BY DEPARTMENT

Chairperson:

Institute for Security Studies (ISS) briefing
Department of Correctional Services (DCS) briefing
BOSASA information document (see BOSASA website)

ISS's Criminal Justice Monitor
Institute for Security Studies website

SUMMARY
The Institute for Security Studies looked at the different aspects of the Criminal Justice System over the past five or more years and identified trends, challenges and achievements. It highlighted its Criminal Justice Monitor, an open website, which compiles and analyses statistical information from all the stages of the criminal justice process. Some of the questions raised by Members were: if research had been done on gangsterism and rehabilitation programmes in prisons, the differences, if any, between the crime statistics given by the South African Police Service and the Institute, bail and sentencing issues. Criminal Justice Monitor, the statistics for reported crime over the past five years and the state's response to crime. Moving on to South African Police Services (SAPS), it covered plans for increasing police numbers and the challenges that SAPS faces. In looking at the courts, it provided statistics on the number of cases prosecuted between 1996 and 2002, the issue of awaiting trial prisoners and other challenges as well as the courts' achievements. Finally it looked at the key issues and challenges facing prisons.

The ISS has set up the Criminal Justice Monitor, an independent monitor, to monitor trends and performance of the South African criminal justice system. It compiles and analyses statistical information from all the stages of the criminal justice process, for both the state and the public.

Since 1999, there had been much pressure on government to deal with crime, hence the introduction of the SAPS's "Operation Crackdown". According to the, there were about 23 000 awaiting trial prisoners and this had resulted in overcrowding in prisons. This was also caused by the fact that about 80% of cases resulted in convictions and many people would not afford to pay the fine.

Between 1994 and 2004, there had been an increase in the rate of reported crime. Violent crime constituted 34% of the total crimes reported. Although there had been a significant decrease in murder there still was an increase under reported crimes such as attempted murder.

The State had shown signs of moving towards a more preventive approach. The emphasis was on the rehabilitation of prisoners, diversion of young offenders and embarking on a moral regeneration campaign.

DiscussionMr S Swart (ACDP) asked what the difference between murder and culpable homicide was. He added that sometimes bail was not affordable for lesser crimes.

Mr du Plessis replied that further research would be done to explain why there was a decrease in crime statistics, especially provincially. He cited as an example the fact that people still did not know that murder and culpable homicide were not seen as the same crime. Murder was recorded by the SAPS as the intentional infliction of death and this did not always account for cases where bodies were found on the side of the road The ISS was planning research to get more insight into the issue.

The institute's senior researcher, Mr Makubetse Sekhonyane, added that bail was a big issue and there was a need to explain to the public how the bail system worked. Vigilantism had often been a result of people's incorrect views about bail.

Mr C Morkel (DA) asked why the SAPS and the ISS had different statistics, and which ones had to be considered as reliable. He added that the research did not deal with the contribution of gangsterism inside prisons. He also asked what gangsterism's contribution to the increase in prison population was and how it could be tackled.

Mr du Plessis replied that the ISS statistics were not that different from the department's, although there was a need for them to explain some of the crimes further. Mr Sekhonyane added that they had not done much research on gangsterism, however the Centre for the Study of Violence and Reconciliation (CSVR) had written a couple of books on it. Overcrowding did create a situation were gangsterism would thrive, and this would result in a weak supervision of inmates. Levels were optimal for gangsters to operate in prisons. In certain provinces gangsters were linked to outside gangsters.

Mr L Tolo (ANC) asked if there were no attempts the Department could have done to minimize the level of crime. He also asked why bicycle theft was not regarded as personal property and what the meaning of "preventative approach" was.

Mr Sekhonyane said stock theft was a big problem in Africa, and bicycle theft was separately categorized because there was a need to highlight which crimes would impact more heavily on people. Stock and bicycle theft in Malawi was a serious crime. The preventative approach had been a shift back towards rejuvenating the moral regeneration.

Mr L Tolo (ANC) asked how successful the border policing was in dealing with stock theft and drug trafficking.

Mr du Plessis responded that it was a big problem but they were looking at border control and this information should be out next year, and in terms of the SAPS statistics a lot of in-roads had been made. The SAPS had been working very closely with Interpol and the Southern African Regional Police Chiefs Organisation (SARPCO) to fight drug trafficking. There were publications on the ISS website around the issue.

The Chair commented that the South African Police Service had been very effective in combating crime and that the indications that the Committee were given by the findings were very positive.

Mr B Fihla (ANC) asked why there was no research on gangsterism in prisons as it was a major problem. He asked if such prisoners could be separated from first offenders. Young first offenders would probably return to prison because they had learnt from experienced prisoners. This meant that the source of crime was experienced prisoners and that they should be separated from first offenders.

Mr Sekhonyane replied that there was a researcher working on gangsterism in prisons and that a report would be released soon. The separation of prisoners would only be a temporary solution. There were dangers like stigmatization, that were attached to the separation of prisoners.

Mr C Burgess (ID) asked if there had been any studies conducted on rehabilitation programmes and if any actions were taken against government for ailments and diseases contracted by prisoners. He also asked if the prison environment was conducive for proper rehabilitation.

Mr Sekhonyane replied that a study had been conducted and it suggested that it was almost impossible to rehabilitate repeat offenders due to insufficient funds. The study would also look at integration issues. Rehabilitation should also deal with problems faced by prisoners outside prisons.

Ms M Makgate (ANC) asked if people did not report crime because they lacked information or if they doubted police assistance.

Mr Sekhonyane stated that the reason people did not report assault crimes was because they often knew each other intimately - so they would eventually withdraw cases. Robbery was also not often reported because people lacked confidence in police effectiveness.

Mr L Tolo (ANC) asked what were the causes for training only 8000 policemen a year. He added that the number should increase. Most hardened prisoners were kept in cells and not doing any hard work, how were they supposed to be rehabilitated.

Mr du Plessis replied that the Department was trying to increase the training capacity as there was not enough police to do field training. There were certain crimes that new police would be able to deal with. There was a need to ensure integration with the experienced old order police.

The Chair asked what the Committee could do to ensure that the public understand about bail. He also asked what the alternative should be for harsher sentences.

Mr Sekhonyane replied that fear of apprehension should be a deterrent and that primary crime prevention should be considered. There was also a need to deal with a public's feeling of security. The ISS was not against the minimum sentences legislation. There needed to be a public awareness campaign around the bail issue. Sentences in South Africa were a lot harsher than elsewhere.

The Chair commented that the ISS had empowered the Committee with its presentation. The Committee would invite ISS for more briefings on these challenging issues as government would not be able to do it alone. The reason for inviting ISS was to obtain alternatives for dealing with crime. He encourages committee members to read the ISS publications for enlightenment.

Outsourcing of Prison's Nutritional Services: presentation by Department of Correctional Services
Mr Patrick Gillingham, Chief Deputy Commissioner: Finance, stated that due to manpower shortage, overcrowding in prisons, the poor state of most prison kitchens and complex nutritional and health requirements, it had been decided to outsource catering services in certain Management Areas to specialist caterers.

According the Occupational Health and Safety Act, food had to be prepared in separate area away from the areas where it was peeled and cleaned. Most prisons had failed to adhere to this policy and other health and safety regulations such as the proper training and medical testing of staff. According to Section 8 (5) of the Correctional Services Act, food had to be served at intervals of no less than four and a half hours and not more than fourteen hours between the evening meal and breakfast.

Seven prisons were specifically looked at for investigation and Pollsmoor in the Western Cape was one of them. It was then decided that the Department should concentrate on the core functions of the prisons and outsource catering.

Mr Gillingham said that the Bosasa group of companies was awarded the tender. It was a BEE company that had a track record of mass catering. He discussed the objectives of the contract which included upgrading the kitchens. He then outlined the obligations of the caterer as well as those of the Department (see presentation document for detail).

DiscussionThe Chair commented that the Committee should be briefed in advance by the Department about new developments in prisons rather than having to read about it in the newspapers. The Committee was accountable to the public and there had been issues that the Members were not clear about prior to this meeting. In future, the Department should be pro-active. The Committee wanted to work with and not against the Department. He asked how ordinary business people had been empowered through these catering tenders.

Mr Gillingham responded that everybody was given an equal opportunity to bid for the tender. Small Medium and Micro Enterprises (SMMEs) had been involved in the bidding process.

Mr M Phala asked the people responsible for monitoring visitors were and how effective they were as there had been incidents where dagga had been smuggled into the prisons.

Mr Gillingham said that because of the current monitoring system, chances for officials to smuggle were minimal.

Ms S Chikunga (ANC) asked who was responsible for the Bosasa staff's safety.

Mr Gillingham replied that the Department's security arrangements were applicable to Bosasa's staff as well. They only had access to the kitchen.

Mr S Mahote (ANC) asked if there was any difference in cost now that the Department outsourced catering.

Mr Gillingham replied that the company had only started in September this year and that there was no report available in terms of cost effectiveness. He added that an evaluation would be done and that a report would be available next year.

Ms M Makgate (ANC) commented that inmates were not involved in planting vegetables and wanted to know if the catering company could give some of the inmates work.

Mr Gillingham replied that the prison farms issue was not part of the contract.

Mr C Burgess (ID) asked for the amount of the contract and how long it was for. How would the training of staff and inmates and other activities stipulated in the contract come into being. It was clear that the Department was in favour of outsourcing and he asked what equipment was used at the moment and how the kitchens were upgraded.

Mr Gillingham responded that the contract was for three years at a value of R239m. He said that the Department cannot actually take a stance on whether it is in favour of outsourcing until the evaluation is performed in February 2005. Only then will it be able to say if it is in favour or not.

The meeting was adjourned.

The Department of Correctional Services briefed the Committee on the decision to outsource nutritional services in some Management Areas. The contract that was awarded to BOSASA is for three years at a value of R239m. Members asked how the tender was awarded and if there was any difference in costs now that the Department outsourced catering. As the company had only started in September this year, a report regarding cost effectiveness would only be in February 2005.

MINUTES
Crime, Crime Prevention and Corrections in SA: presentation by Institute for Security Studies (ISS)
Mr Anton du Plessis, head of the Crime and Justice Programme at the ISS, and the Institute's senior researcher, Mr Makubetse Sekhonyane, presented.

The presentation dealt with the ISS's