N Balfour: National Council of Correctional Services

Address by Minister N Balfour to National Council of
Correctional Services

6 April 2006

Chairperson of the National Council of Correctional Services,
Judge Seraj Desai
Distinguished members of the NCCS
Senior Management of the Department of Correctional Services

Let me take this opportunity to introduce to you the new Deputy Minister of
Correctional Services, Ms Loretta Jacobs, who you will recall has previously
been a Member of Parliament and chairperson of the Select Committee on Social
Development in the National Council of Provinces. She brings to this Department
a wealth of knowledge which will be of crucial importance in advancing the
agenda of DCS in terms of introducing a transformed and efficient Corrections
system.

This meeting takes place at a time when we are confronted by a number of
challenges, such as the question of minimum sentencing of offenders,
overcrowding in correctional centres and holding of juveniles and children in
correctional centres. It is also with regret to mention the fact that just on
Tuesday a juvenile offender died at the Pollsmoor correctional centre under
very sad circumstances.

It is a well known fact that the transformation of the department cannot be
complete without a well structured relationship between us and other partners
in the Criminal Justice System, so that there is synergy and congruence in
terms of ensuring the safety and security of the South African citizenry.

We are however mindful of the dynamic environment within which we are
operating, which, sometimes, demands that we operate in silos and at times in
unison.

The major emphasis however is the unison approach that we need to cement in
tackling the above challenges that I have alluded to. Very soon we will be
launching the Parole Review Board which will review decisions regarding the
parole of sentenced inmates. It is imperative therefore at this stage, whilst
the PRB is still in its infancy, to determine and chart forward the relations
between the NCCS and the PRB, so that we do not await institutional problems to
arise before we begin to make interventions.

The question of overcrowding in correctional centres needs to be attended to
with some sense of urgency and determination as it somehow contradicts our
commitment to holding inmates in safe and secure environment guided by human
rights imperatives. It is for this reason I believe that it is about time that
we review Section 73 and 78 of the Correctional Services Act, with regard to
parole of sentenced offenders, as a measure towards the reduction of
overcrowding in correctional centres.

Comments have been made in the media about how minimum sentencing has
largely contributed to overcrowding in correctional centres. I am not the
perfect judge on this matter and nor do I want to reiterate at this stage what
is public knowledge regarding the impact that minimum sentencing has had in
severely punishing those that have found themselves on the wrong side of the
law. Whether or not we need to weigh how this has been a deterrent to crime or
contributor to overcrowding is a matter that we have to seriously engage
with.

The expeditious manner, in which we have to relocate children from our
correctional centres to centres that are meant to cater for the needs of such
offenders, cannot be over emphasised. We cannot continue, through our actions,
to negate the very same principles we commit ourselves to and the legislations
that we pass on the rights of children. We have to move with more vigour in
ensuring that the synergy that I have alluded to previously between ourselves
and other partners in the CJS, yields its fruit in ensuring that children and
juveniles are removed from correctional centres that are meant for sentenced
adults and those awaiting trial.

In conclusion, we have a challenge ahead of us of seeing to it that the Bill
of Rights as enshrined in our supreme law the Constitution is adhered to within
the corrections system. The question in this regard relates to how we want to
accommodate those within the correctional centres that are suffering from
deadly sicknesses that may claim their lives sooner than later. Do we want our
centres to become death chambers for such offenders thereby contributing to the
statistics of deaths in our prisons or don’t we want to show some compassion by
releasing under certain conditions those that are already on their “death beds”
so that they could depart in a dignified manner? These are matters we need to
wrestle with in one way or the other.

I trust that in your engagement, together with the Deputy Minister you will
vigorously pursue these matters. In her address, I also hope the Deputy
Minister will further elaborate and expatiate on the challenges we are facing
with regard to these critical issues. These are indeed matters that will form
part of her delegated functions.

Thank you

Issued by: Department of Correctional Services
6 April 2006
Source: Department of Correctional Services (http://www.dcs.gov.za/)

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