Minister Masutha welcomes court order to reduce overcrowding at Pollsmoor and urges for a safe festive season
The Minister of Justice and Correctional Services, Adv. Michael Masutha, has welcomed the order granted by the Western Cape High Court on 21 December 2016 to reduce the number of persons detained at the Pollsmoor Remand Detention Facility(RDF) to 150% of the current approved accommodation within six months.
To achieve this, the Department of Correctional Services (DCS)has already undertaken various measures including the following:
It already set in motion a series of action plans for implementation by DCS officials generally and Pollsmoor Management Area, in particular Pollsmoor RDF officials and management. The ultimate objective being the realization and implementation of the recommendations contained in the Cameron Report.
A further important development that occurred, pursuant to the aforestated Cameron Report, was the commissioning of an investigation by the Public Service Commission (PSC), in collaboration with the Judicial Inspectorate of Correctional Centres (JICS), into this matter.
Subsequently, DCS commissioned a fact-finding mission, in and around August 2016, to conduct a comparative investigation and assessment of the three (3) largest DCS Remand Detention Facilities (RDF’s), namely Johannesburg RDF, Kgosi Mampuru II RDF located in Pretoria and Pollsmoor RDF in Cape Town. The purpose hereof is to identify current trends in the detention of awaiting-trial detainees, especially in the major centres/detention facilities with a view, ultimately, to learn from the comparative experiences so as to better equip and inform, not only the action plans and strategies of the Pollsmoor RDF, but also the national policy and strategies to be considered by DCS in general.
A further and most important development that has since occurred was the establishment, towards the end of September and the beginning of October 2016, of the Multi-Disciplinary National Task Team, under the auspices of the National Commissioner (The National Task Team). The objective of the National Task Team is to consider and work towards implementation of the findings and recommendations of the Cameron Report and the PSC Report.
The Parliamentary Select Committee on Security and Justice visited the Pollsmoor Male and Female Remand Centres on 26 October 2016. The express purpose of this visit was to ascertain the progress made in respect of the implementation of the recommendations made by Justice Cameron in the Cameron Report of 2015. The preliminary feedback of the Select Committee, following their inspection as aforestated, was to the effect that overcrowding in correctional centres generally, and at Pollsmoor specifically, is not a DCS predicament alone, but a crisis that the South African society, and specifically the JCPS Cluster and Treasury, have to address head-on as it is a symptom of a much bigger and complex problem.
The Ministry of Justice and Correctional Services views it appropriate to also indicate that the overcrowding of detention facilities indicates a larger systemic ill in society, which is that of crime in itself. The Ministry therefore wishes to remind South Africans, especially young people, to obey the law and to be strongly deterred against criminal activity, especially since the festive season is generally a period during which such activity is known to escalate. Crime does not pay. Under South African law, a person who commits even a minor criminal offence will have a criminal record for a period of ten years before they may apply for expungement of their record.
During this period, due to the criminal record, it is not possible for them to participate or advance meaningfully in society. In cases of major offences, where custodial sentences apply, the individual would serve imprisonment and would only be eligible for the expungement of their criminal record through an application for a Presidential Pardon. With regard to the latter, however, between 2010 to March 2016 only 4 % of pardon applications were successful (i.e. 225 out of 5684), which highlights its low success rate. This statistics indicate that crime, indeed, does not pay and this in itself, should be a strong deterrent against such activities.
Some of these criminal offences may include illegal conduct on the road. As the Minister of Transport, Dipuo Peters, has recently indicated, government is concerned that over the period 1 to 19 December 2016, 684 fatal crashes have been recorded on our roads. Nationally, there is an increase of 16% in this regardcompared to the same time last year. As the Department of Justice and Constitutional Development, we are working collaboratively with the Minister of Transport to introduce more stringent legislative measures to deal with irresponsible and reckless drivers on our roads. A task team consisting of representatives of the Department of Justice and Constitutional Development, the National Prosecuting Authority, the National Department of Transport, the Road Traffic Management Corporation and the South African Police Service will be requested to investigate the feasibility of amending legislation, for example, to tighten bail provisions with regard to persons who are caught speeding. Consideration will also be given to the possibility of introducing mandatory minimum sentences for drunken driving and reckless or negligent driving.
Together with our colleagues in the JCPS Cluster, we remain committed to building a victim-friendly criminal justice system.We are committed to building on the victim interface of the 55 Thuthuzela Care Centres and our 50 re-designated Sexual Offences Courts which give priority to victims of sexual offences in particular.
Going forward into 2017, we remain committed to creating a Justice system that is more responsive to victims of crime. We will be revisiting our Victim’s Charter to ensure that we dispense justice in a manner that is informed by the experiences of victims of crime, as well as by international standards.
We call on all South Africans to enjoy the festive season responsibly and to work with the relevant authorities to ensure safety and the rule of law.
Enquiries:
Adv. Mthunzi Mhaga
Cell: 083 641 8141
