Honourable Speaker
Honourable Minister of Correctional Services
Honourable Chairperson and Members of the Correctional Services Portfolio Committee
Honourable Members of the Extended Public Committee
Honourable Judge Tshabalala: Inspecting Judge of Correctional Services
Honourable Judge Desai: Chairperson and Member of the National Council on Correctional Services
Mr Tom Moyane: National Commissioner: Department of Correctional Services
Distinguished guests
Esteemed Members of the media
Cadres and friends.
As we approach two decades of democracy in our country it is important that we must be clear and accurate in sharing with this house what we as a national department has achieved and where we are going to.
The change of guard in the Ministry on 12 June 2012, which saw the arrival of the Honourable Minister Ndebele from Transport and the departure of Honourable Ms Mapisa-Nqakula to Defence, allows me the opportunity to say to this house that I relished the period I served as Deputy-Minister to her. When I was appointed to this portfolio she assigned me specific focus areas of operation and I enjoyed her leadership while attending to them.
Minister Ndebele requested me to continue focusing on the same areas of performance and this allowed me to seamlessly continue with the work done over the past few years.
The three main streams of core business of the department are vested in the budget programmes: Remand Detention, Incarceration and Corrections and Social Reintegration. My focus areas mainly find presence in Remand Detention and Social Reintegration.
Honourable members, I am pleased to share with you the considerable progress that the department has made in terms of Remand Detention. The Remand Detention Branch was established on 1 April 2012 and the Branch Head was subsequently appointed on 1 June 2012. She is Ms Britta Rotmann. The vacancies in the Branch Structure on National level were filled and a draft Regional and Management Area Organisational Structure was developed and submitted for approval. We are hoping to fill positions at those levels soon.
White Paper on Remand Detention
One of the first and key responsibilities of this new branch was to develop a White Paper on Remand Detention that is aligned to the Correctional Services legislation and specifically to the Correctional Matters Amendment Act. This was done.
The White Paper was consulted with our key role players in Government namely the South African Police Services, the Department of Social Development and the Department of Justice and Constitutional Development and relevant Justice Crime Prevention and Security Cluster structures such as the Management of Awaiting Trial Detainee Task Team, Criminal Justice Review Committee, National Integrated Court and Case-flow Management Task Team and the National Development Committee of the Justice Crime Prevention and Security Cluster.
The White Paper was also consulted with several other key stakeholders and interest groups. Amendments were effected after each phase of consultation. The document has now been submitted to the National Development Committee for further consultation processes with the Directors-General’s Committee, Ministers' Committee; Cabinet Committee and eventually to Parliament for approval.
Cooperation within the Justice Crime Prevention and Security Cluster on remand detention issues
The department works closely with partners in the Justice Crime Prevention and Security Cluster and enjoys excellent support from them. Case-flow Management Meetings, Criminal Justice Review Meetings as well as Justice Crime Prevention and Security Cluster Development Committee Meetings are attended and the refinement of the Remand Detention System feature prominently on their agendas.
The protocols on Section 49G (Maximum Incarceration Periods for Remand Detainees) and Section 49E (Referral of Terminally ill Remand or Severely Incapacitated Remand Detainees to Court) were endorsed and approved by the relevant Justice Crime Prevention and Security Cluster of Directors-General of: Department of Correctional Services; Department of Justice and Constitutional Development; National Prosecuting Authority and South African Police Services at a meeting held on 3 July 2012. The protocols were further unpacked into operational policies and relevant forms required for implementation were developed.
Standardised presentations were also developed and circulated to the National Integrated Court and Case-flow Management Secretariat for further distribution to all the Provincial and Local Case-Flow Structures that are Chaired; by the Judiciary.
The official implementation date for the Section 49E protocol was on 1 December 2012 and referrals are being monitored at National level. The official implementation date set for the Section 49G protocols is 1 July 2013 and the preparatory processes for the promulgation are in place.
IT solutions for implementation and accurate data capturing were developed in 2012 and implemented on 1 April 2013. The solution will assist in determining which remand detainees qualify for referral to court at certain intervals in line with Section 49G provisions. The first three months (April to June 2013) is the pilot phase during which testing of the accurateness of information is done, as well as referral of cases, which would constitute “backlog cases” once the Section is implemented. A strategy in this regard was developed with key strategic partners Department of Justice and Constitutional Development; National Prosecution Authority; Legal Aid South Africa and the Judiciary.
A tool for calculating the length of detention was also developed and implemented on 1 April 2013 with a three month testing period. In addition, a monitoring tool was developed for completion by all the Regions that will make it easier for the calculation of a National average length of Detention.
Security Risk Classification System for Remand Detainees
The department’s inability to accurately determine the Security Risks that Individual Remand Detainees pose has long been an Achilles Heel for the Managers of Remand Detention Facilities. A Security Risk Classification System for Remand Detainees has been developed in conjunction with South African Police Services during 2011/12. A Testing Phase of the System and Tools started on 1 December 2012 and will continue during 2013/14. Once the system’s effectiveness and reliability are guaranteed, it will be rolled out to all Remand Detention Facilities.
Remand Detention Facilities
Twenty six dedicated Remand Detention Facilities were established across the country and a further 109 Centres have been authorised to establish Remand Detention Sections with effect from 1 March 2012. The department is currently looking at disaggregating the number of bed spaces made available to Remand Detainees versus Sentenced Offenders in order to, in future, have Split Overcrowding Figures, which will ensure better planning.
Video Arraignment
Twenty two Video Arraignment Courts in Correctional Centres serving 47 Magistrate Courtrooms have been established although the site at Mthatha is still being refurbished under the Management of the Department of Public Works. Challenges relating to the connectivity of lines (both Telkom and ISDN) and theft of equipment have prevented the system from functioning optimally.
Remand Detention Uniform
Bright yellow uniforms are being manufactured by offenders in the department’s Textile Workshops. Thus far 8400 one-piece overalls, 11307 shirts and 6049 pairs of trousers have been manufactured utilising 50% of the capacity of the Workshops. The rest of the capacity is utilised to manufacture uniforms for Sentenced Offenders. Production will carry on through 2013/14.
According to projections, the wearing of Uniform by all Remand Detainees will start during the second half of 2014. This will contribute to better Security Management in Remand Detention Facilities and Improve Hygiene Issues.
Remand Detainee Children
Although we do not want to accommodate Children in Remand Detention, there are unfortunately Cases where a Court has no alternative but to refer Children for Remand Detention to our Centres. The Department works in close collaboration with Justice to ensure that we adhere to the stipulations of the Child Justice Act. In line with Section 30(4) of the Child Justice Act, Children appear every 14 days before the Presiding Officer to allow Reconsideration of their Detention Orders.
I am pleased to report that the total number of Children in Remand Detention has decreased considerably over the past three years. It decreased from 305 children at the end of March 2011 to 218 on 31 March 2012 and a further reduction to only 135 on 31 March 2013.
Repeat Offending
The Department of Correctional Services adopted a Cluster approach to developing a framework for measuring repeat offending. As the honourable members may know we do not have reliable figures on repeat offending which is a crucial performance indicator to determine the success of Rehabilitation Programmes and Correctional Interventions.
A Cluster Committee has completed the framework and it has been consulted with various Cluster Committees. It will be implemented once finally approved.
Parole Boards
The R22.8 million allocation; to the Department of Correctional Services; by Cabinet from the Criminal Asset Recovery Committee Fund for the installation of an Audio-Visual System in the Parole Boards Offices will come to fruition soon. Final bid evaluation documents and recommendations were submitted to the procurement division for submission to the National Bid Adjudication committee. The committee met during May 2013 to consider recommendations of the Bid Evaluation Committee. Final awarding of this tender is expected to happen by the end of May 2013.Once the system is installed, it will give victims access to any of the 52 Parole Boards across the country to make presentations without having to travel.
In 2007, the department developed a Policy on Restorative Interventions. This included the Victim-Offender Mediation Model which outlines the process of identifying offenders who are genuinely ready to take part in Victim-Offender Mediation.
In addition, the department signed a Memorandum of Understanding with the Foundation of Victims of Crime to assist with tracing Victims of Crimes for their possible participation during Parole Placement considerations of Offenders who committed Crimes against them. During the year 2012/2013 the Foundation of Victims traced 1037 Victims of Crime. Of these Victims; 46 have participated in Parole Boards Hearings. Another 52 Victims prepared by the Foundation of Victims of Crime have participated in the Victim-Offender Mediation Programmes whilst 875 Victims are ready to participate in either the Victim-Offender Mediation Programmes or Parole Board Hearings.
Parole and Parole Violations numbers
The parole system that is used in the country is based on international best practices. It allows for independent decision making by Correctional Supervision and Parole Boards and it allows for the participation of Victims as well as other role players such as representatives from the South African Police Services and Justice.
The average number of Offenders on Parole has grown from 44 941 in 2010/11 to 46 259 in 2012/13. The average number of Offenders subjected to Correctional Supervision however; has in the past three years; decreased from 22 458; to 17 183.
During 2012/13; 78% of all Offenders placed on Parole underwent Pre-release Programmes.
Of those placed on Parole during 2012/13; 15.19% violated their Parole conditions compared to 23.9% during the previous year. It represents a decrease of almost 9%, which is a good achievement.
Judicial Inspectorate
The department cannot overemphasise the significance of the role of the Judicial Inspectorate in assisting the department to ensure Compliance with Legislation and Policies within Correctional Centres. The presence of the Independent Correctional Centre Visitors and the regular oversight reports that are received from the Inspecting Judge’s Office enable the department to deal with cases and areas of underperformance.
I want to thank Judge Vuka Tshabalala; the Inspecting Judge for the Inspectorate’s contribution in ensuring that the department in compliance with the prescripts of Chapter 2 of our Bill of Rights; delivers in its obligation to provide conditions of detention that are appropriate for our constitutional dispensation.
Legal Services
The department’s Legal Services Component has been bolstered by the appointment of a Chief Director; Mr Mxolisi Zulu. It is believed that his leadership will provide the impetus for improved delivery in respect of Litigation and other Legal Advisory Services. The department is faced with extensive Legal Risks that emanate not only from Offenders and Remand Detainees but also from our officials and their respective labour organisations.
Conclusion
Honourable members; the Budget of Correctional Services has been submitted to you. I trust that the Budget will be approved so that we can continue to contribute towards making South Africa a place in which all people are; and feel safe.
I thank you.
