I would like to begin by thanking the many dedicated officials in the Department for the incredibly dangerous job they do. The DCS occupies an absolutely crucial place in the criminal justice system. Unless it succeeds in rehabilitating criminals, prisons will simply become universities of crime, from which inmates will emerge yet more skilful and dangerous criminals than they were before they were admitted.

Each year, Parliament debates the Correctional Services appropriation. I have participated in those debates fairly continuously since 1994. And since 1994, the story has been depressingly similar: it has been a story of overcrowding, of corruption, and of the pernicious influence of gangs. Since 1994, there has been a change of narrative, but, I fear, not a change of heart. My colleague. The Hon. Horn, will expand on this.

But I want particularly to highlight corruption. Corruption occurs between prisoners, between prisoners and staff, and within the system as a whole. The fact that it flourishes in the DCS is in part to do with the fact that so much of what happens in prison is not reported. There is a culture of secrecy.

But there is also a culture of impunity.

On 16 November 2009, I sat in the Portfolio Committee and heard the acting head of the SIU, Willie Hofmeyr, describe the situation in the DCS at that time. He told us that the Bosasa Group and its affiliates, Phezulu Fencing and Sondolo IT had benefitted from prison tenders worth more than R3 bn since 2004.

At the heart of this scam was to frame the tender in such a way that only one company could be awarded it. At the time, Mr Hofmeyr said:

It is a matter that justifies the institution of legal proceedings by the Department to recover damages from the company.

But it wasn’t only about this company alone. As recorded by the PMG, the committee heard as follows:

The general findings of the SIU in relation to these four tenders were that proper procurement processes were not followed by the DCS. This was aggravated by payments made to the CFO and the Accounting Officer at the time that tenders were being awarded to this company and its affiliates.

In respect of the food contract, the report recommended that –

The NDPP considers instituting criminal proceedings against Gillingham, Commissioner Mti, Sondolo, Bosasa and their office bearers…

While in respect of the fencing contract, the SIU recommended that –

The NDPP considers instituting criminal proceedings against Gillingham, Commissioner Mti, Phezulu, Bosasa and their office bearers…..

This SIU report, and the allegations that the then CFO Patrick Gillingham was paid R2,1 million in bribes, and that the then Accounting Officer, Linda Mti, was given a house, were then referred to the NPA to prepare a criminal prosecution. Seven years later, no criminal prosecution has occurred, and no legal action was instituted to recover moneys from Bosasa, despite what Mr Hofmeyr said.

Instead, Bosasa continues to provide food in many correctional centres, and Linda Mti was recently appointed the head of security in the Nelson Mandela Metropole!

You see, corruption flourishes where there is a culture of impunity.

Now the SIU has been called in again to the Department, this time to investigate the allegations of irregularities in the procurement of the electronic monitoring system. These irregularities apparently include alleged interference in the bidding process by Ms Nontsikelelo Jolingana, at that time the acting National Commissioner. But these events took place early in 2014, and it has taken until now to bring in the SIU.

And more recently there are serious questions that have been raised about the award of a contract to SA Fence and Gate to do the same work that Phezulu had undertaken a few years ago. These questions are not being raised only by me: SCOPA is concerned that the tender was framed in such a way that only SA Fence and Gate could be awarded it. Sound familiar? Has the National Treasury instructed the DCS to cancel this or the Inmate Management System contract? If so, what has the response of the Department been? How much longer before the SIU is called in to investigate the award of this tender?

Corruption thrives when there is a culture of impunity.

But then this culture starts right at the top. It starts when there is a President that ducks and dives, and uses every delaying trick in the book, and squanders state resources on avoiding answering to the 783 criminal charges of corruption, fraud, money laundering and racketeering with which he has been indicted, and which have now, by order of court, been reinstated.

But the ANC and its allies officially endorse the culture of impunity. The City Press reports that a SANCO executive member, Mr Emanuel Moloi, said

I am telling you this comrade is not being prosecuted.

While an ANC NEC member is quoted as saying

We have already taken a stance of defending this man…People’s careers are at stake here. They would not want to say whether this man is right or wrong.

They say a fish rots from the head. There is plenty that is corrupt in the state of Correctional Services, but they are allowed to get away with it because of the appalling example set by President Zuma and by the gutless way in which the ANC defends it.