Source: Ministry of Correctional Services
Title: Skosana: Parliamentary Media Briefing, September 2003
PARLIAMENTARY MEDIA BRIEFING BY THE MINISTER OF CORRECTIONAL SERVICES, MR BEN M SKOSANA, MP, Rainforest Auditorium, Cape Town, Friday, 5 September 2003
"From every official becoming a rehabilitator to every prison becoming a correctional centre - a place of new beginnings - to every offender becoming a nation server through correction."
Ladies and gentlemen of the media
I am pleased to be here today to share with you some of the developments that have taken place in our Department since we last met, and to possibly advise on what plans we have for the future.
During today's briefing we shall be briefly addressing issues relating to the White Paper Process, restructuring within the Department, Overcrowding in our prisons, the incarceration of children and other issues which may be of interest to you.
THE WHITE PAPER PROCESS
The 1994 White Paper was, in effect, overtaken by developments such as the promulgation of the Constitution of the Republic of South Africa, 1996 (Bill of Rights), and the Correctional Services Act (Act 111 of 1998), and other significant and ongoing conceptual developments internally and internationally. One perhaps, may argue that the 1994 White Paper came in very early in the new dispensation before all role-players had found their feet. Since it was based on an interim constitution, it was always going to be difficult for it to survive after the adoption of the final constitution (1996).
In 2002 the Minister of Correctional Services tasked the White Paper review process. The process is meant to allow the department to align its policies and practice with the Constitution of the Republic, 1996, African Renaissance and NEPAD programmes and to new public service policies, among others.
As an indication of how far the process has gone Internal consultations on the discussion document, including consultations with both the Portfolio Committee and the Select Committee have been completed. The Draft Green Paper is currently being processed through the JCPS, DG and Cabinet Committee system.
The Minister will then submit the draft to Cabinet for approval to consult all stakeholders. Upon approval public hearings by the Parliamentary Portfolio Committee on Correctional Services will begin in earnest. The draft document will undergo revisions until is it adopted by Cabinet as the country's policy on corrections.
RESTRUCTURING
The restructuring of the Department of Correctional Services (DCS) is now nearing completion. This process was necessitated by two factors, namely, the Resolution 7 of 2002 that applies to all Government Departments and the decision to gear the DCS for rehabilitation. Resolution 7, which you are all familiar with, will restructure the entire public service in order to streamline and rightsize it for effective service delivery. When this resolution was put into effect the DCS was already undergoing a Business Process Re-engineering aimed at positioning the department for effective prisoner rehabilitation. We then decided to combine the two processes.
The restructuring process has seen the re-organisation of our structures from the prison level right up to our head office. We have moved away from a structure with nine provinces to that of six regions determined by the number and the size of prisons and the prison population in the different areas.
For example, it made little sense to us to retain a provincial commission in the Limpopo Province where we have less than six thousand prisoners when we have a population of more than ten thousand at the Johannesburg Prison alone. Prisons with smaller populations were also combined to create sizeable area commissions. That moved us from a structure with 145 management areas to that of 48 area commissions.
The entire restructuring process was informed by the service delivery range that lies at the core of the prisoner rehabilitation process, namely, correction, security, facilities, after care, development, and care. Our interaction with prisoners will now revolve around these six activity areas and will therefore inform all our programmes and activities. As a Department we subscribe to the view that prisoner rehabilitation goes far beyond skills acquisition and productive work although these form an essential part of the process. We take the view that the entire living environment and activities in prison and in community corrections must be rehabilitatory - that includes accommodation, daily programmes, interaction with correctional officials and with fellow offenders, education and training, and the type of reception by society when placed on parole.
STRATEGIC PLAN
To consolidate the restructuring process we have adopted a new strategic plan for 2003/4 - 2005/6 under the motto: "From every official becoming a rehabilitator to every prison becoming a correctional centre - a place of new beginnings - to every offender becoming a nation server through correction."
The main thrust of the strategic plan is to put in place policies and implementation plans to operationalise the six activity areas contained in the Service Delivery Range.
PAROLE BOARDS
Another major restructuring will affect our parole boards. Plans are nearing completion to establish parole boards as stipulated in the Correctional Services Act of 1998. These boards will be based in the communities, chaired by a community member and having at least two community representatives serving therein. This will open up the parole process to public participation and scrutiny. Furthermore, crime victims will be allowed their say before the decision on parole is finalised.
OVERCROWDING
Starting from Monday, 1 September 2003, the Department of Correctional Services started the process of releasing prisoners whose parole dates were forwarded by ten months following a Cabinet decision with the aim of alleviating overcrowding in our prisons. The total number of prisoners whose parole dates had been approved at the cut-off date of 31 August 2003 is 7 121. This number will be placed under Community Corrections in batches beginning on 1 September 2003 to June 2004.
Prison overcrowding continues to plague not only the Department of Correctional Services, but the entire Criminal Justice System in South Africa.
Our prison population currently stands at 185 748 prisoners as of 30 June 2003. This constitutes 127 604 sentenced and 58 144 unsentenced prisoners. Our capacity now stands at 111 241, which means we are overcrowded by 74 507 or about 67%. The latest figures show a slight decrease in the prisoner population and this may be attributed to several strategies, which the Department is adopting.
IMPACT OF OVERCROWDING ON INMATES
Overcrowding violates the basic human rights of prisoners to be detained in humane conditions. It enhances the spread of contagious diseases like tuberculosis and is a fertile ground for the spread of HIV/AIDS. Proper warm human relationship among inmates is extremely difficult because overcrowding contributes to high stress levels. Overcrowding is also a breeding ground for gangsterism and undermines the safety of inmates.
IMPACT ON CORRECTIONAL OFFICIALS
The post establishment is based on the capacity of a facility and this results in fewer officials doing work of more people leading to the overextension of personnel, low morale, high stress levels, and negligence.
High stress levels result in more people booking off sick thus overworking those remaining at work and unleashing a vicious cycle of more officials stressed out. Furthermore, the diseases that affect inmates are easily passed on to officials who work among them and under overcrowded conditions, the situation becomes worse.
IMPACT ON DEPARTMENTAL DELIVERY
Rehabilitation presupposes a close relationship between officials and inmates with officials having enough time to pay attention to their work of changing the offending behaviour. When officials are as overstretched as they are, it becomes impossible for them to focus. Security, on the other hand, becomes a casualty under such conditions. This not only results in prison escapes, but it also undermines the physical security of both officials and prisoners. The unit management system cannot be effectively practised under overcrowded conditions.
MANAGEMENT OF AWAITING TRIAL DETAINEES (ATDS)
The entire Integrated Justice System (IJS) has put in place measures to manage and tackle the problem of awaiting trial detainees. Key among these is to improve IJS coordination at operational level. To achieve this:
* IJS is auditing functioning of IJS departments at provincial and area levels;
* Operational levels of IJS departments have been tasked to liase on a daily basis;
* Relevant parties will be expected to set targets and report back on a regular basis;
* IJS is developing and implementing information alignment between departments to enable visibility of information on operational level to inform day-to-day decisions on all levels of management.
The Department of Correctional Services, on its part, has an internal task team that includes provincial representatives that takes directives from the IJS task team.
GOVERNMENTS APPROACH TO ATDs
The Government's approach to ATDs is informed by international standards which stipulate the following:
* We strongly assert that a person arrested and facing charges is innocent until proven guilty and shall be treated as such
* The reason for their detention is to ensure the due process in a court of law where they are to be tried, and not in any sense for punishment or correction
* Although the detention of an accused person may assist investigating authorities in their work, the detention conditions should never be an element of the investigation
* No unsentenced detainee may be compelled to wear prison clothes provided to sentenced prisoners
* ATDs must be held separately as far as practicable.
SERVICES AVAILABLE TO ATDs
There is a range of services that must be made available to unsentenced detainees:
* Continuity in education and training in line with Government policy
* Safety of person
* Access to social welfare services in line with Government policy
* Accessibility to state provided health care in line with Government policy
* Accessibility to visits, communication and correspondence with family and friends
* Accessibility to recreational and reading resources
* Accessibility to legal representation
MANAGEMENT LEVELS OF SENTENCED PRISONERS
From 1995 until 2000 the number of admissions has shown a slight increase but has been reasonably stable with an average of 116 568 over a six year period.
In 2001 it increased dramatically to 159 641 and in 2002 it showed a marked decrease to 98 909 which was lowest ever period since 1995 (a decrease of 62% from the previous year). What has contributed to increased overcrowding has been the fact that more prisoners are now receiving stiffer sentences.
ESCAPES FROM PRISON
The total number of prisoners who escaped from our prisons between January and August this year was 94 compared to 166 for the corresponding period last year, representing a 43% reduction.
The security of the country, and the safe custody of offenders, through the prevention of escapes remain an important focus area in reaching our goals.
We shall again emphasise the need for vigilance by our officials and commitment from staff and management at all levels to enable us to reduce escapes to the barest minimum.
CHILDREN AND JUVENILES IN PRISON
There are a total of 4 274 children and juveniles in our prisons between the ages of 14 and 20 years. Of these 2414 are unsentenced while 1 860 are sentenced children, meaning that we have more unsentenced children in custody than sentenced.
There are presently 13 Youth Correctional / Development Centres within the Department. Other young offenders are accommodated in sections of prisons separate from other prisoners.
The Department believes that no child belongs in prison whether awaiting trial or sentenced. This is why cooperation is sought with non-governmental organisations to provide services which meet needs of children under correction.
ANTI-CORRUPTION DRIVE
Since the Minister undertook a road show and held countrywide anti-corruption workshops in 2002, three important milestones were reached in terms of the Department's commitment to rooting out corruption:
* Approval of a National Risk Management Plan and Anti-Corruption Strategy to assist the Management of the Department to focus on the continuous improvement of the efficiency and effectiveness of the Department.
* The establishment of a formal Anti-Corruption Unit in the organisational structure of the Department for the sound management of the Department's anti-corruption strategy.
* A research was done by private consultants on the assessment of the levels of corruption and the scope and extent thereof in the Department.
JALI COMMISSION
The Jali Commission convened in Durban-Westville, Pietermaritzburg, Grootvlei, St Albans, Pollsmoor and Johannesburg Management Areas and the Jali Commission has since brought out six interim reports which recommended the institution of disciplinary steps against a number of officials.
* In Durban Westville, seven officials were charged with drug smuggling, corruption and negligence. Six of them were dismissed and the seventh received a final warning;
* In Pietermaritzburg, nineteen officials were dismissed for falsifying their qualifications;
* In Grootvlei, eighteen officials were dismissed on charges of corruption and negligence and one resigned while hearings against two others are still outstanding;
* In the Eastern Cape, the Provincial Commissioner was dismissed for fraud;
The Department is awaiting further reports of the Jali Commission following investigations in other areas.
HIV/AIDS IN PRISON
A strategic plan for HIV/AIDS for the Department to implement the HIV/AIDS policy has been approved by the Commissioner and is in the process of being implemented.
The following programmes are currently in place:
* Condoms are distributed in all prisons and are accessible to both staff and prisoners with a modicum of privacy. Due to the possibility of condotainers being used in prisons as dangerous weapons, they cannot be placed in positions where prisoners can access them completely privately.
* The department in partnership with NGOs is currently implementing several training and awareness programmes.
For example there is a national training programme of youth between the ages of 18 and 25 in peer education currently being implemented by Khulisa.
Hope World Wide trained prisoners in Johannesburg Medium B in lay counselling, peer education and in providing care to terminally ill prisoners, and the Planned Parenthood Association in KwaZulu-Natal is implementing a counselling programme in the prison at Westville.
* A prevalence survey of HIV infection is in the process of being implemented. The Department of Health's Epidemiological Directorate is assisting the Department in this regard by providing technical expertise. The Department will advertise tenders for the prevalence survey to be conducted soon.
* Personnel are also included in training programmes together with prisoners to save on time and also to emphasise the non-discriminating nature of HIV/AIDS.
PARTICIPATION OF THE DEPARTMENT AT THE WORLD POLICE AND FIRE GAMES
The participation of a team from our Department at the World Police and Fire Games in Barcelona, Spain in July/August 2003 can be described as the best ever performance of a South African team since it first participated in the Games in 1983.
The team won a total of 136 medals comprising 60 gold, 44 silver and 32 bronze. It also set various world records and exhibited such sportsmanship as to set the standard for other teams.
The team has been a source of great pride to us and we hope that we can perform even better at the Games in Canada in 2005.
It is my desire to consult all the relevant organisations and individuals concerned to arrange an occasion to properly acknowledge the achievements of our team.
I thank you.
Issued by Ministry of Correctional Services
5 September 2003
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