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Correctional Services
Introduction
The Department of Correctional Services aims to contribute to a just, peaceful and
safe society, by detaining inmates in safe custody, while maintaining their human dignity, developing their sense of social responsibility and promoting the general development of all inmates and persons subject to community corrections.
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Policy development
Correctional Services Amendment Act, 2008 (Act 25 of 2008)
The Correctional Services Amendment Act, 2008 [PDF], was gazetted on 11 November 2008. This followed a series of consultations with stakeholders to ensure broad representation by all concerned.
The amendments included substitution, amendment or deletion of certain definitions; further provisions for the manner in which correctional centres are managed; authorisation of the National Council for Correctional Services to determine, under certain conditions, the period before an offender may be placed on parole; further provision for matters relating to correctional supervision, parole boards and the Judicial Inspectorate; and provided for compliance management and monitoring of relevant prescriptions, a departmental Investigation Unit and a unit dealing with disciplinary procedures.
The White Paper on Corrections
The White Paper on Corrections [PDF] in South Africa is the principal strategic document aimed at directing the management and service provision of the department over the next 20 years and beyond.
The White Paper also sets objectives against which the people of South Africa can measure the department's performance and service delivery.
The White Paper represents the final fundamental break with a past archaic penal system and ushered in a start to the Second Decade of Freedom where prisons became correctional centres of rehabilitation, and offenders are given new hope and encouragement to adopt a lifestyle that will result in them having a second chance to become law-abiding South African citizens.
By mid-2010, over 79 policies had been reviewed and aligned to the White Paper on Corrections.
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Work of statutory bodies
National Council for Correctional
Services (NCCS)
The NCCS is an advisory board with the primary aim of guiding the Minister of Correctional Services in developing policy relating to the correctional system and the sentence-management process.
In addition to this advisory function, the NCCS serves as the recommending institution to the minister in relation to parole decisions for offenders sentenced to life imprisonment. The NCCS also serves as the parole-review mechanism and meets as the Correctional Supervision and Parole Review Board.
The NCCS completed the review of the Medical Parole Policy of the department in January 2010 and presented a draft policy and recommendations to the minister. The minister convened a discussion in January 2010 to discuss the recommendations of the NCCS.
In October 2010, Cabinet approved the Correctional Matters Amendment Bill, 2010 [PDF] and the draft White Paper on Remand Detention.
The Bill seeks to improve the administration of three key areas of corrections, namely medical parole; the parole system in general; and the management of remand detention.
The provisions of the Act limits the granting of medical parole to sentenced offenders who are in the final phase of terminal illness, putting pressure on already limited financial and human resources required for meeting the healthcare needs of inmates. The new Medical Parole System will balance the medical condition of the inmate against the risk posed to society should such inmate be placed on medical parole.
Judicial Inspectorate of Correctional Services (JICS)
The JICS was established in 1998, with the
statutory objective to facilitate the inspection of correctional centres so that the inspecting judge may report on the treatment of inmates and on conditions in correctional centres. The JICS is an independent office.
The Department of Correctional Services continues on its path to promote and give effect to the values of transparency, equality and fairness, as set out in the Constitution. [ Top ]
Key departmental projects and programmes
Imbeleko Project (women and children in correctional facilities)
As at March 2010, there were 129 infants
and young children in detention with their mothers.
The department launched the Imbeleko Project, which seeks to provide a home-like environment in centres for children below the age of two. It also seeks to place children of two years of age and above outside correctional facilities with sustainable family structures.
The strategy of Imbeleko places babies out of correctional facilities and into the care of relatives or willing community members and improves the conditions of those living in correctional facilities by converting the"prison" environment into a child-friendly environment where babies are accommodated with their mothers.
The objectives of the project are aligned with those of the UN Convention on the Rights of the Child. The first phase of the Imbeleko Project was rolled out across all regions. This entailed the creation of a safe, humane and friendly environment for mother-child interaction.
The implementation of the first phase created an opportunity for the department to create partnerships with other stakeholders in working together to rehabilitate.
The second phase will focus on finding alternative placement for children older than two years, outside correctional facilities.
Offender labour
Offenders continue to be awarded opportunities to participate in community development projects by providing offender labour. In an effort to enhance the utilisation of the available resources, the Department of Correctional Services has engaged various stakeholders to involve offenders in mainstream activities that could lead towards poverty alleviation within communities.
The aim of engagement was to formulate a relationship with other government departments and stakeholders so that they consider offenders as an available workforce, that can be used as some sort of reparation and pay-back to the communities they have offended. The department has developed a draft concept document on the utilisation of offenders in meaningful work activities.
The document aims to regulate the external hiring of offenders to participate in community projects. The involvement of offenders in community projects or activities is of fundamental importance in their rehabilitation and reintegration process.
Ministerial Task Team on Categorisation of Inmates
The ministerial task team is an independent team appointed by the minister in February 2010 to conduct an audit of certain categories of inmates within the correctional facilities.
Statistics will be collected and trends, shortcomings and best practices will be identified. The audit will assist the department to address the current state of overcrowding within facilities.
The task team audits the following categories of inmates:
- unsentenced inmates awaiting trial
- sentenced inmates – placement of certain categories of inmates on parole, correctional supervision, or the conversion of sentences to correctional supervision
- vulnerable inmates (mothers with babies, mentally ill and elderly inmates).
Strategic priority areas
The department's strategic priority areas include:
- Improved rehabilitation and reintegration of offenders: A draft project charter was developed, as well as draft action plans for the respective work streams. The key elements of improved rehabilitation and reintegration of offenders lie in the implementation of the correctional sentence plans, the responsibilities of case-management committees and parole processes, and the refinement of job functions of correctional officials that has been part of the Occupation Specific Dispensation (OSD) process.
- Improved Remand Detention Management System: Development of the system is a departmental and cluster priority and the policy framework has been put in place. In 2009/10, the department signed the Bail Protocol with the Minister of Justice and Constitutional Development and the Minister of Police. The agreement will ensure that inmates who committed petty crimes and cannot afford bail are diverted to alternative programmes. In 2010/11, the department expected to finalise the setting up of the Remand Detention Branch and to have it fully functioning.
- Enhanced internal and public safety and security: Operation Vala is a flagship campaign which focuses on tightening security during December. The numbers
of security incidents over the past five years during this time of the year was reduced significantly. In 2009/10, there
was an increase against the security performance indicators when compared with the Operation Vala of the previous financial year.
- Improved stakeholder relations: The work of the department towards establishing an all-Africa corrections body saw results with the launch in September 2008 of the Africa Correctional Services Association (ACSA). South Africa was appointed secretary of ACSA and the department has been actively involved in the Southern African Development Community substructures, including interaction with counterparts on transferring foreign offenders to their countries of origin.
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Achievements
The Department of Correctional Services' achievements include:
- The Seven-Day Establishment has been implemented. It has enabled the department to comply with Section 8(5) of the Correctional Services Act, 1998 (Act 11 of 1998) [PDF], which prescribes intervals between meal times for offenders. The implementation of a shift system as a component of the Seven-Day Establishment has made more time available in day programmes within correctional centres. This enabled more rehabilitation activities to be implemented, as well as improved offender labour programmes. The shift system also allows for compliance with legislation on basic conditions of employment as adequate rest time is available to personnel.
- Implementation of the OSD was delivered within budget. The OSD allows for improved career pathing for professions within the department. Another consequence of implementing this system of remuneration was the migration of qualified personnel to the coalface of service delivery, thereby distinguishing between administrative officials and those working with the correction of offenders.
- The department continues to win the war on fraud and corruption:
- the anti-fraud and corruption capacity of the department is rated as the third most efficient of departments audited by the Department of Public Service and Administration
- the measures put in place resulted in an 89% conviction rate during the 2009/10 financial year
- R2,5 million was recovered from a R4,5-million debt owed by officials who were found guilty of defrauding the department's medical aid scheme.
- The Minister of Correctional Services, Ms Nosiviwe Mapisa-Nqakula, launched the department's Service-Delivery Charter in 2010. The charter confirms that the department will provide high-quality professional services that are responsive to all service recipient needs.
- In 2009/10, the department reduced overcrowding by 4%. The reduction was a result of efforts within the department and across the Justice, Crime Prevention and Security Cluster, such as the completion of a new correctional centre in Kimberley, the signing of bail protocols and the application of diversion sentences in terms of the Criminal Procedure Amendment Act, 2008 [PDF], by heads of correctional centres. The latter contributed to a significant drop in the number of children awaiting trial. Furthermore, a process of reclassifying some offenders reduced the number of maximum security offenders by 12%.
- Two correctional centres, namely Boksburg and Krugersdorp, were accredited to provide antiretroviral treatment to offenders, bringing the total number of such facilities across the country to 21.
- Altogether, 138 correctional officials participated in the 13th World Police and Fire Games (WPFG) held in Vancouver, Canada. The department has expressed interest in hosting the 2017 WPFG. The games attract thousands of officials from 80 countries and present about 70 different sporting codes. South African correctional officials are the gold medallists in athletics and rugby, and the athletes returned home with 216 medals.
- The department has, in partnership with the Department of Basic Education, initiated an Early Childhood Development (ECD) programme for babies and toddlers who are incarcerated with their mothers. The programme recruits unemployed community members and parolees and trains them as ECD practitioners. The ECD qualification will empower the beneficiaries with a qualification equivalent to National Qualification Framework levels four and five.
- The Pre-Adult Basic Education and Training Programme, also in partnership with the Department of Basic Education, is a mass literacy campaign that involves illiterate offenders. Volunteers from the community are recruited and trained as literacy facilitators.
- Eleven computer-based training centres for offenders were established. Computer-based training forms an integral part of the subject Life Orientation within the National Curriculum Statement for grades 10 to 12 as well as the National Curriculum Vocation. The department completed and implemented the national project to align presentation of the curricula with national requirements.
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Inmate profile
In March 2010, there were 164 793 inmates in 239 correctional service centres throughout the country.
Two facilities were closed in mid-2010 for renovations.
There are two private prisons in South Africa. Of the 239 correctional centres, eight are female centres, 13 are for the youth, 130 are male centres and 90 are mixed (female and male).
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Overcrowding
Overcrowding in the department continues to pose a challenge and impacts how the department functions and on its service delivery. At the close of the 2009/10 financial year, the department's facilities were overcrowded by 39%. The average cost of incarceration per offender per day was estimated at R123,37.
By mid-2010, the actual capacity in correctional facilities stood at 114 822 with 25 000 meant for remand detainees and
89 822 earmarked for sentenced offenders.
Overcrowding has an impact on the provision of programmes in that officials are often unable to reach the targets they set. It puts constraints on building infrastructure and creates a shortage of beds, thus increasing
the demand for more space.
The department is working on a strategy to address overcrowding. It manages overcrowding partly through the transfer of offenders between centres and through releases resulting from sentence conversions. The construction of new centres should furthermore alleviate the pressure
put on facilities and staff.
The intersectoral Management of Awaiting Trial Detention Project involves all the departments in the criminal justice sector. There are continued efforts to encourage the judiciary to utilise the Criminal Procedure Amendment Act, 2008 (Act 65 of 2008), [PDF], with
the view of reducing overcrowding.
In March 2010, there were 162 955 sentenced offenders in the department's correctional centres, of whom 159 303 were
male and 3 652 were female.
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Policy development
The Department of Correctional Services’ guiding
policy is the White Paper on Corrections [PDF], which was adopted by Cabinet in 2005. Since its
adoption, the department has undergone various
changes that included policy review and amendment
of the Correctional Services Act,
1998 (Act 111 of 1998) [PDF]. By mid-2009, more than 44
policies had been reviewed and aligned to the
White Paper. The department has also gone a step
further to ensure implementation takes place.
More than 400 officials have been trained on
policy development and implementation.
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Departmental achievements
Some of the department’s achievements include
the following:
- Between 2003 and 2009, the department was making progress in reducing the number of escapes.
- In 2008, Corrections Week was launched in Pretoria.
- In 2008, resolutions were taken and a pledge
was signed to renew commitment for building
a corrections community that will serve as a joint programme of action, at a stakeholder conference.
- Nineteen pharmacists were allocated to the department to undertake community service.
- Eleven computer-based training centres for
offenders were established. The training forms
an integral part of the subject Life Orientation
within the National Curriculum Statement for grades 10 to 12 as well as the National Curriculum Vocation.
- In 2008/09, the former National Youth Commission
trained 217 Adult Basic Education Training facilitators on National Qualifications Framework Level Five.
- During the 2008/09 financial year, 43 847
submissions for placement on parole, including
placement under correctional supervision, were
dealt with by the 52 national parole boards. Of the 48 967 cases that served before the boards, 41 677 were approved.
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Service delivery
The focus of the department continues to be on improving service delivery and in 2009/10, the department strengthened a number of initiatives that will improve how the department functions and improve service delivery. These include:
- The Integrated Human-Resource Strategy: The department developed and launched the strategy in 2007/08 for effective work organisation, recruitment, retention and development of employees. In 2010, the three-year strategy was being implemented and will be reviewed.
- The Compliance Improvement Plan: Since its inception in 2005/06, this plan has been used as a system to monitor the performance of management areas and centres on matters that have been recurring in the Auditor-General's reports. Delivery on the management of compliance is tracked on an annual basis with the Compliance Improvement Plan as a strategic focus area.
- The Risk Management Framework: Significant progress has been made in the identification of risk indicators and mitigation plans. In mid-2010, the Risk Management Committee was in the process of developing indicators to assist in tracking the mitigation progress.
- The Service Delivery Improvement Plan (SDIP): The department identified four key services to form the basis of the SDIP for 2009/10 to 2013/14. These are integrated into the department's strategic and operational plans. Regions report progress on a quarterly basis. They are:
- improving access of service-providers and other stakeholders into correctional centres
- improving telephone and switchboard etiquette at all service points
- managing the payment of bail and fines at correctional centres
- improving the scheduling of visitations to offenders to support family ties between offenders and their families
- Security enhancement: Security continues to receive priority attention as one of the core pillars of the department's legal mandate. Escapes from the Department of Correctional Services' centres have over the last 10 years shown a downward trend. The highest recorded number of escapes in 10 years was in 2002/03. The department escalated its measures to improve security and this included security operations, technological installations, policy developments and training of personnel. The decrease in escapes can partly be attributed to these initiatives.
- Care and development of inmates: The department continues to improve the healthcare of inmates. The implementation of the OSD for nurses will also ensure availability of suitably qualified nurses to take care of the health of inmates and assist in the retention strategy in relation to nurses.
Source: South Africa Yearbook 2010/11
Editor: D Burger. Government Communication and Information System
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Last modified: 01 June 2011 10:19:55. |
