Date: 02/06/2006
Source: Department of Correctional Services
Title: Balfour: Correctional Services Dept Budget Vote debate, NCOP


  Speech by N Balfour Minister of Correctional Services during the Correctional Services Budget Vote debate 2006/07 in the National Council of Provinces

Chairperson of the National Council of Provinces (NCOP), Hon. Mninwa Mahlangu
Deputy Chairperson of the NCOP, Ms. Peggy Holander
Permanent Delegates of the NCOP Special Delegates
Distinguished guests, ladies and gentlemen

I stand here today to reflect on the Budget Vote of the Department of Correctional Services, being proud of the inroads we have made in transforming this dynamic department, from the pariah it became under apartheid to the living example it has become in correcting offending behaviour in the new democratic dispensation.

Chairperson, today I am proud to pronounce in this House that the huge ship that has been sailing in rocky and murky waters with no compass which symbolised Correctional Services of yesterday, is now clearly steering towards the right direction, turning to avoid major dangers of rocky coastlines and led by a dynamic and committed crew on board and a confident Captain at the helm.

I am happy to announce that the Acting Inspecting Judge of Prisons, retired Judge Johannes Jacobs Fagan, will as from today finally enjoy his retirement after his sterling performance that assisted us in the transformation of this challenging department. I therefore wish to announce the appointment of Judge, Nathan Erasmus as the new acting Judge, as of Monday, 5 June to 31 October 2006 when we hope we would have finalised the appointment of a permanent Judge for the duration of the term.

Chairperson, once again, we wish to convey our gratitude to Judge Fagan and assure him that his contribution to strengthening democracy in South Africa will always remain part of our institutional memory. I would also like to welcome the new acting Judge with the assurance that he will have all our support as the department.

Today, I stand here with a sense of optimism for a brighter future the new Age of Hope having made a positive impact in turning around someone else’s life. On Wednesday, at 21h30, I watched anxiously and inquisitively the Special Assignment Documentary on SABC 3, which focused on the lives of female offenders in Pollsmoor. As the documentary unfolded, there was this main personal story of this character who was sentenced to 25 years for murder, 10 years for attempted robbery with aggravating factors and 5 years for theft.

  In total these sentences which amount to 35 years, were to be served concurrently. Without going into the detail of how the poor woman committed these crimes, which could be arguably related to poverty and need, it transpired that the 49 year old Khayelitsha woman has served a total of 15 years without parole.

Having considered the profile of the offender including the rehabilitation programmes she has been involved in and the lack of danger she poses to the community, we were left with no other option but to intervene as her appearance before a parole board was long overdue. The Parole Board without any hesitation sat yesterday and henceforth took a decision to release her on parole grounds. She is now a free woman once again.

As a result of this particular case, we have come to the conclusion that there could be similar cases to hers, which we may need to be considered for parole. It is against this backdrop that I have therefore issued a national directive for the audit of various cases in correctional centres, to establish how many cases are due for parole and how many are long overdue for parole but have not been considered as a result of bureaucratic oversight and the backlog in cases of this nature.

This audit which will commence in the big correctional centres that have a high population rate will be conducted by a panel which will be appointed in due course and this will also include members of the community. We are confident that this process will expedite the granting of parole so that we do not disadvantage rehabilitated offenders who qualify for parole. This would be tantamount to denial of justice. I must caution however that this is not going to be a free for all process that would lead to us making decisions willy–nilly.

Chairperson

The Department of Correctional Services has introduced compulsory rehabilitation programmes for all offenders and those who refuse to engage in these programmes will be penalised. Penalties could include removal of certain privileges. Rehabilitation of offenders cannot become an individual choice. All these measures will be affected in the proposed Correctional Services Amendment Act which will be tabled in Parliament in due course.

Chairperson

In addressing parole issues, we will consider the crimes committed, the profile of the offender in terms of his/her involvement in rehabilitation programmes and whether or not there is a possibility of re–offending. Of critical importance also, would be the opinion of the public.

We have a responsibility to sustain this Age of Hope and I am glad that with the decision we have taken in this regard, many of our people agree that indeed Hope has dawned on us.

Chairperson

The role played by the National Council of Provinces in exercising oversight over the executive in terms of matters affecting local and provincial governments is of crucial importance. In this regard, issues that relate to Correctional Services have to feature prominently in the oversight function and business of your relevant select committees.

It is the role of these committees to ensure that they are able to audit what we publicly pronounce as achievements or successes without any element of suspicion or second thought. The reduction of overcrowding in correctional centres is one of the pivotal responsibilities as reflected in the Government’s Programme of Action and the President’s State of the Nation Address, that we have to collectively tackle as Correctional Services, Justice and Safety and Security.

It is against this background that the Cabinet Lekgotla assigned Correctional Services to lead an inter-cluster task team assigned to develop a comprehensive strategy aimed at reducing overcrowding, for consideration by the Cabinet during the course of this year. The strategy is expected to raise proposals regarding the location of the function, dedication of appropriate resources and programmes for effective management of these inmates who are in terms of the constitution regarded as innocent until proven guilty.

  The NCOP’s Select Committees whose portfolios generally relate to security and justice and also correctional matters, need to come on board in terms of adding value to the process of developing a comprehensive and holistic strategy for reducing overcrowding as this is a multi departmental responsibility.

The urgency of the matter in Correctional Services has led to Commissioner Mti issuing a directive to regional and area commissioners in all the 9 provinces of the country to identify alternative facilities for the incarceration of awaiting trial detainees (ATD) in correctional centres so as to reduce overcrowding in police holding cells whilst a long term approach is worked out by the affected departments within the inter cluster task team.

In addition to these and other initiatives, I need to state boldly that the management of the special remission of sentences has also had a positive impact in reducing overcrowding in correctional centres. Testimony to this is the decline in overcrowding between June and August 2005 by over 31 000 sentenced offenders, from 187 000 to just over 156 000. This has resulted in over R70 million of savings in running costs. We therefore applaud a number of our partners in provinces as well as ordinary South Africans who welcomed the granting of a second chance for essentially petty offenders.

Chairperson

Our people at provincial and local government levels have become actively involved in correctional matters. This has been demonstrated by the representation and active participation of our people in Correctional Supervision and Parole Boards (CSPB) across the country. Granting of parole related to carefully considered cases has become of paramount importance. It needs to be re – emphasised however that the granting of parole or reviewing of parole decisions will take into account the need to reduce overcrowding in correctional centres without losing sight of the concerns of the public, particularly victims of crimes committed by the offenders, the nature of the offences committed and the demonstration of rehabilitation character by the offenders earmarked for parole.

  We have also expanded and institutionalised public participation in Correctional Services through the appointment of chairpersons of 52 Correctional Supervision and Parole Boards and began processes of further appointing Deputy Chairpersons from communities as well. Our people at local and provincial level are no longer spectators of the unfolding democratic processes but have now become active participants.

  Chairperson

At this juncture allow me therefore to provide a holistic picture regarding the construction of the new correctional centres announced by the President in 2002 and 2006. The construction of the centres announced in 2002 was planned to start last year for completion only after three years in Kimberley, Nigel, Klerksdorp and Leeukop with bulk-earth works already done in all three sites except Klerksdorp. However the following factors led to the undesirable delays:

* Building industry market responses to calls for tenders proved beyond the available budget for starting with all four centres last year; and * Environmental Impact Assessment report on Leeukop construction is only expected to be finalised in August 2006.

This is the situational analysis report that will inform the department’s position on the commencement of construction on the Leeukop site whilst construction with regard to other centres will proceed as planned.

Regarding the second group of four new generation correctional centres announced this year, in Paarl, East London, Port Shepstone and Polokwane, the briefings provided to both the Select and Portfolio Committees in the past two months clearly indicate that the construction is expected to commence in the financial year 2008/09 and to be completed in 2010/11. The environmental impact assessment, the feasibility study and identification of public land for the Limpopo centre is already underway. These will inform the decision of the department regarding the construction process and the financing model to be followed. Therefore there is no deviation from original plan is so far as these projects are concerned.

  Chairperson

The reasons for the delays in the construction phases as alluded to earlier are due to a combination of factors beyond our control, which pertain to the following:

* multiplicity of processes involved between declaration of intention to build and the actual construction process
* co-ordination between various government departments involved, e.g. Department of Correctional Services, Department of Public Works and National Treasury, managing the tender process
* the unexpected realities often encountered at the sites of construction.

These complexities may further shift the timelines for the completion of these centres with specific regard to those announced in 2002 scheduled for completion in 2007 and 2008. But construction will continue regardless of these challenges.

We need to explain however that at this stage we are considering following the Project Finance Model in the construction process for the new centres announced this year as opposed to the current Model which limits the involvement of the Department of Correctional Services in the construction process, thus, leaving the entire process in the hands of departments that are not directly accountable to Department of Correctional Services.

The increase of cost of construction has had a negative effect on the Department’s ability to procure and maintain projects conventionally, especially the new 3 000 Bed Correctional Centres.

The Department has explored alternative options to the current PPP Model which is the conventional procurement of design by appointed consultants and separate tenders for construction and maintenance contracts.

  The current Public-Private Partnership Correctional Centre Contracts has included design, construction, maintenance and operations. The reason for the Department’s investigation for alternative procurement models is aimed at addressing issues of affordability, value for money and accountability, which have raised major concerns in the current model.

The option the Department is therefore considering is the Project Finance Model (PFM) which will allow the operations to be excluded from the contract so that the Department becomes accountable for operations and management of the centre, which will include rehabilitation and incarceration of offenders.

  This Model can be managed over 15 years during which the unitary payments will reimburse the contractor for the cost of construction, maintenance and upgrading of technology where required, to keep pace with latest developments in incarceration of offenders.

  Chairperson

This Model will enable the Department to spread the correctional centres more fairly around the country and limit the multiple correctional facilities on one site, as it is the situation currently.

It will also enable us to ensure that each province is able to benefit through the construction of these centres, so that there is no over concentration of correctional centres in one particular area or city.

Through this diversification, we will be able to generate thousands of jobs at provincial and local government where local communities within close proximity to the centres that are due for construction will be employed in the construction phase as well as in the operational phase, thus, alleviating poverty and under development in these areas. We are determined to ensure that we pursue this Model for the benefit of our people. We hope that the National Council of Provinces, through its Programme of Action 2009, will monitor the progress we make in this regard and also assist in unblocking some blockages that may arise in the process.

Chairperson, in conclusion I would like to thank the Members of the Select Committee on Safety and Security led by the Hon. Kgosi for their profound support for the work that we do. We also like to thank senior management of my department led by Commissioner Mti for their continued interaction with the committee.

  We would like to challenge the NCOP to feature Correctional Services prominently in the oversight business of the House as it has become clear that despite the fact that we have a national mandate but our projects and programmes make a profound impact in changing the landscape of local and provincial governments particularly with regard to issues of rehabilitation, correcting offending behaviour, creating partnerships for the social re – integration of rehabilitated offenders and our contribution to Accelerated and Shared Growth Initiative for South Africa(AsgiSA). Of crucial importance now will be the generation for employment opportunities at local and provincial government levels through the construction of the new generation centres. Your support and continued partnership in this regard is of critical importance.

I thank you

Issued by: Department of Correctional Services
2 June 2006