Republic of South Africa Judicial Inspectorate for Correctional Services Quarterly Report to the Portfolio Committee on Correctional Services For the period

Republic of South Africa

Judicial Inspectorate for Correctional Services

Quarterly Report to the Portfolio Committee on Correctional Services

For the period 1 October to 31 December 2011

OUTLINE Programme 1: Administration

> Objective 1: Offices:

1. Inspecting Judge

2. CEO

> Objective 2: Human Resources and Development > Objective 3: Financial Management

Programme 2: Complaints processing, Monitoring & Investigations> Objective 1: Inspections &Investigations> Objective 2: Complaints

> Objective 3: Mandatory Reports Programme 3: Community Oversight and Stakeholder Engagement

> Objective 1: Independent Correctional Centre Visitors (ICCV)

> Objective 2: Visitors Committees (VC)

> Objective 3: Stakeholder Engagement

Programme 1: Administration Objective 1: Human Resources and

Development Office of the Inspecting Judge

Judge V. Tshabalala & Mr A. Carelse (Acting CEO appointed) Inspections conducted

○ Warmbokveld,○ De Aar○ New Kimberly○ Pollsmoor Female & Maximum○ Malmesbury Med A○ Durban Female○ Johannesburg○ “New” Brandvlei & Brandvlei Juvenile

Attendance at:○ Opening of “New” Kimberley CC○ Excellence awards – WC and KZN○ Speaker - Offenders Traditional Dance Festival at Inkandla KZN○ Keynote speaker at Stakeholders meeting held at Durban Westville CC & Zonderwater CC○ Speaker - Aids Day Commemoration in Kokstad,○ Inauguration of Gallows Museum at Pretoria C-Max CC○ Article 5 Initiative


Development

Office of the CEO Accompany Inspecting Judge Operational Matters:

• Inspecting Judge Office Space• Meetings DCS; KZN • Restructuring of JICS• PMDS• Property management• Procurement of official car for Inspecting Judge• IT• Portfolio Committee• Organisational Development

Programme 1: Administration Objective 1: Human Resources and Development

Update on post establishment Posts

○ 44 approved and funded posts on the fixed establishment○ 40 of these posts are filled ○ Filled posts 90%

Contract workers○ 18 additional posts to address specific needs are filled by contract workers

Vacancies○ 4 vacant

1 x level 14 post; 2 x level 6 posts; 1 x level 5 post○ Appointments due to vacancies and resignations inclusive of contract workers and interns

12 Appointments made for the reporting period (total) Level 5 to level 7: 2 appointments Level 8 to level 11: Level 13: Contract workers: 10 contract appointments Interns: Promotions: 4 promotions, Acting CEO as from 01 November 2011 1 transfer to DCS

Job evaluation on “new” posts○ Job descriptions have to be compiled for new posts and then the job evaluation process will determine the level of the

new posts.


Development (cont) Equity


Development (cont)

Update on Performance Management & Development System (PMDS)

The Mid Term review process was completed

Update on labour related matters:

1 x Suspension: leave without pay


Development (cont)

ICCV Appointments

Posts interviewed for

Successful candidates

Candidates trained

Candidates appointed

Contracts:TerminatedExpired Resigned

Total no of ICCVs

Vacant posts

Comments

SMR 06 13 07 13 08 76 10 From 04-13 September 2011 interviews were held in Bloemfontein and those (7) candidates were trained in November 2011. 6 were previous ICCVs and required no training.The six (6) posts interviewed for was conducted 04-10 December 2011.

NMR 13 13 10 13 06 95 10

EMR 14 14 06 06 03 53 17 Six (6) ICCVs were trained only, the other eight (8) will be trained early in 2012.

TOTAL

33 40 23 32 17 224 37 87% filled posts


Development (cont) Concluded Projects

A HR data base was compiled with shortlisted applicants from level 5 – 7 Pay progression process for the 2010/2011 year under review Training program and manual was developed for ICCV Office Bearers Follow-up training manual was developed in conjunction with legal services

Challenges: Due to appointments made as Public Servants it is a challenge to capture

the special leave

Programme 1: Administration Objective 2: Financial Management

Update of budget expenditure vs requested & projected to date

Expenditure to date

Per capita rate of ICCV: R 2 672.04 (R 70.67 per hour)

Allocation 2011/2012 Addition (Aug 2011)

Balance Projected

R 19 312 000 R 1 972 000 R 21 284 000.00 R 23 300 000.00

Expenditure - R 17 517 836.34 (82%)

R 3 766 164.66

Expenditure 2011/2012 R

ICCVs R 1 408 163.66

Permanent / Contract Staff R 3 820 402.72

Goods and Services R 871 079.79

TOTAL R 6 099 646.17

Programme 1: Administration Objective 2: Financial Management

Internal audits There is no internal audit post on the current post establishment , however, internal audits on certain

processes are done on a regular basis.

Update on IT The DCS: Regional Office, Western Cape and Gauteng are currently assisting the JICS Head Office and

Centurion office respectively, in terms of IT support The new proposed structure makes provision for an IT post

RECOMMENDATIONS Renewal of the Cape Town and Centurion offices’ lease agreements To expedite the IT service Procurement of Inspecting Judge’s car The implementation of a formalised equity plan, and workplace skills plan

Programme 2: Complaints processing, Monitoring & Investigations

Objective1: Inspections & Investigations Table 1: Inspections

Date Type Region Centre Inspector FindingsRecommendatio

n(s) Compliance

05/10/2011 General Gauteng JHB Med A L de Souza

Segregations i.t.o. s30(6) not reported. Mentally ill not separated . Maintenance and repair of kitchen and holding cages require attention. Rat infestation in hospital section.

HCC and AC requested to rectify and confirm.

AC confirmed compliance with reporting segregation. Explained that structure of centre not conducive to complete separation as no hospital section but mentally ill in “hospital “cells and regularly treated. Kitchen maintenance holding cages and rat problem reported to DPW.

05/10/2011 General Western Cape Warmbokveld AJ Carelse

General concerns with legal representation by LASA . Meal intervals not in compliance with s8(5) – construction at centre. Suicide by hanging of inmate on 10 August 2010.

Meal intervals to return as required. Confirmation as to circumstances of suicide. LASA to be advised to intervene in legal representation.

Suicide enquiry finalised. LASA Worcester confirms visiting the centre.



Date Type Region Centre Inspector FindingsRecommendatio

n(s) Compliance

06/10/2011 General Northern Cape De Aar AJ Carelse

No separation of maximum and medium juvenile offenders . Pregnant offender found. Remand detainees with small amounts of bail , appears that CPA provisions s62(f) and s63A not utilised sufficiently. No facility for inmates to purchase provisions. The visitors facility (location, security risk, hygiene i.r.o. food ) requires urgent attention. Various categories of inmates are all accommodated in the same visitors area.


HCC confirms offenders transferred to Drakenstein. Female gave birth during incarceration [s276(1)(i)] and detained separately in mother-child unit . Centre participates in monthly cluster meetings i.r.o. CPA bail provisions. Visitors’ facility result of structure and accommodating inmates from Victoria-West and need to be remedied escalated as urgent.



Date Type Region Centre Inspector FindingsRecommendation(

s) Compliance

06/10/2011 General Gauteng JHB Med C L de Souza

Incident of the use of force duly reported. All segregations reported. Inmate’s interviewed aware of ICCV. None.

None required and matter finalised.

07/10/2011 General Gauteng Pretoria Central L de Souza

Chronic overcrowding due to accommodation of C-Max inmates due to renovations.

HCC and AC requested to rectify &confirm in particular plans to alleviate situation by possible transfers. In that case offenders rehabilitation process not to be affected.

Renovation to C-Max and Central resulting in overcrowding due for completion in August/September 2012. Transfers not affecting educational and rehabilitation programmes.

21/10/2011 GeneralFree State / Northern Cape

Kimberly – “Old” L de Souza

No access to medical practitioner for Centre and Tswelopele due to resignation. No proper separation of different categories of inmates ostensibly due to structure, e.g. children mixed with juveniles . Chronic overcrowding causing inability to separate.


Medical practitioner assumed duty on 5 December 2011 and does weekly visits. Matter finalized.


Objective1: Inspections & InvestigationsTable 1: Inspections

Date Type Centre Inspector FindingsRecommendation(s)

Compliance

02/11/2011 General Gauteng Pretoria Local L de Souza

General health care requires attention including medical personnel. Segregation i.t.o. S30(6) not reported.

HCC requested to rectify and confirm.

Advised that medical staff appointed and segregation now reported.

08/11/2011 General Gauteng Modderbee L de Souza

Vacancies in health care social workers and security personnel. Numerous complaints of assault by officials. Roof in passage leaking, electrical power during wet weather affected. Electrical supply insufficient .


On going enquiry.

01/12/2011 General Western Cape Brandvlei Max L de Souza

Offenders complain of no exercise for days at a time, confirmed by unit officials. Complaint’s not addressed within 7 day period.

HCC requested to rectify and confirm. No reply

by HCC.


Objective1: Inspections & InvestigationsTable 1: Inspections

Date Type Centre Inspector FindingsRecommendation(s)

Compliance

06/12/2011 General Free State Mangaung U Raga

Relationship between G4S and Controller good with latter maintaining adequate oversight. 135 offenders treated for mental illness . 466 offenders known HIV of which 279 on treatment. Offenders engaged productively in work , e.g. baking, carpentry. Centre appears well run.

2 terminally ill offender to be referred for consideration for medical parole. Further enquiry into mentally ill offender on treatment but imprisonment per clinical psychologist inappropriate.

On going enquiry.

07/12/2011 General Free StateKroonstad Female CoE U Raga

Long standing problem of cockroaches in kitchen and rats in juvenile housing unit. Occasional problem with hot water in winter known to DPW.

HCC requested to rectify and confirm. ICCV requested to monitor and report on progress.

On going enquiry.

11/12/2011 General

Limpopo/Mpumalanga/North-West Mogwase

Z Thakadu & L de Souza In progress In progress In progress

12/12/2011 General

Limpopo/Mpumalanga/North-West Modimolle


13/12/2011 General

Limpopo/Mpumalanga/North-West Witbank



Objective1: Inspections & InvestigationsTable 2: Investigations

Date Circumstances / allegations Centre Inspector Findings Recommendations Compliance

06/10/2011

Offender reported maladministration, abuse of inmates and climate of fear. Gauteng Pretoria Female L de Souza

Preliminary findings that inmates assaulted by officials, no access to medical treatment, humiliated, threatened. Juveniles, remand detainees & offenders not properly separated. HCC denies knowledge assaults. Poor record keeping. AC ordered full internal investigation. Centre management appears dysfunctional.

DCS appoint senior and independent team of investigators. In progress.



Date Circumstances / allegations Centre Inspector Findings Recommendations Compliance

19-20/10/2011

Offender reported allegations of rape, assault , torture by EST and lack of post medical and psychological treatment. Segregated unlawfully.

Free State Northern Cape

Tswelopele –”New Kimberley” L de Souza

DCS investigation poor, inter alia, essential evidence not gathered. Reaching irrational and premature conclusions. Appears that investigator associated with Centre to be independent.

DCS appoint senior and independent investigators. In progress.

3 & 7/11/2011 Juveniles set cell alight. Gauteng

Krugersdorp Juvenile L de Souza

3 juveniles died resulting from setting cell alight and allegedly barricading cell door. Appears that DCS acted appropriately .

DCS and SAPS investigation. In progress.



Date Circumstances /

allegations Centre Inspector Findings Recommendations Compliance

04/11/2011

Approximately 600 offenders engaged in riotous behaviour ; grievances include cancellation of family day, price at tuck-shop, officials reluctant to escort to hospital and school, shortage of bedding, dust inhalation from unkempt court-yard. Gauteng Odi L de Souza

Veracity of offender complaints generally appear founded. Odi management request to communicate more regularly and clearly to prevent re-occurence.

DCS provided a comprehensive reply .

Matter deemed finalised. Periodical monitoring by ICCV.

9 & 10/11/2011

Remand detainees were aggrieved at slow criminal court proceedings and requested HCC to assist. Magistrates, NPA and LASA visited the centre without addressing detainees who then rioted and set buildings alight causing extensive damage.

Free State / Northern Cape Grootvlei L de Souza

HCC received written grievances a week before visit by justice officials . Detainees actions unlawful and method of raising grievances infringed rules. Overcrowding and concomitant staff shortages raised as the problem. Centre also inspected by Judge Albert Kruger.

Await DCS investigation report and confirmation of continuous liaison with Justice cluster.

In progress. Periodical monitoring by ICCV.



Date Circumstances / allegations Centre Inspector Findings

Recommendations

16/11/2011

Grievance by inmate on inadequate health care of fellow inmate who died and refused ARV treatment. Further grievances on health care, tuck shop, Chinese offenders access to DCS accounts, library and access to books. Gauteng Zonderwater

OZ Thakadu & S Molefe

Appears that inmates allegations unfounded or DCS explained adequately None.

Matter deemed finalized. To monitor provision for education and infrastructure for this purpose.

20/11/2011

Offender set cell alight after unlawfully being in possession of money and refusing authority of officials. Gauteng Modderbee OZ Thakadu

Offenders actions caused fire and subsequent damage and injuries.

Await DCS investigation report. In progress.

25/11/2011

Allegations of assault of remand detainee by officials, forced to eat tobacco and not treated. Western Cape Pollsmoor Female L de Souza

Prima facie corroboration of assault from medical file and witness.

Await DCS investigation report. Advised that inmate released from detention and does not wish to pursue matter.

Matter deemed finalised.


Objective 2: ComplaintsEXTERNAL SOURCES


Objective 2: Complaints

INMATE DIRECTLY LSD INTERNAL


Objective 2: ComplaintsJICS REGIONS LSD INTERNAL


Objective 3: Mandatory Reports Natural Deaths reported by Heads of Centre – 169


Objective 3: Mandatory ReportsNatural deaths confirmed by JICS by RoC


Objective 3: Mandatory Reports Unnatural Deaths as reported by DCS

Segregations as reported by DCS


Objective 3: Mandatory Reports



Mechanical Restraints as reported by DCS



Use of Force as reported by DCS 17 reports



Recommendations The Inspectorate requires the assistance of DCS where an inmates is deceased,

to prepare investigation reports, autopsy reports, the prescribed BI-1663/G363 forms for the ICCV to collect and forward to the JICS office

Both JICS and DCS should be sensitised and informed on the inmate’s right to appeal in respect of mechanical restraints and segregations.

HCC’s should be better acquainted with the provisions of the Act, in respect of their mandatory reporting obligations.

HCC’s must attach a visible notice on the door of the cell for all mechanical restraints and segregations, so that inmates can be adequately monitored.

Programme 3: Community Oversight and Stakeholder Engagement

Objective 1: ICCV’s

ICCV Audits Number of performance audits conducted

○ EMR: 16○ NMR: 18○ SMR: 13

A total of 47 (20%) of ICCVs were audited for the quarter

Findings○ 1x ICCV contract terminated due to ICCV engaging in illegal activities with an inmate○ 1x ICCV contract terminated on grounds of non-performance and submission of false claims for payment

Minimum Service of Service Delivery (MSSD)

Region Site Visits Interviews Private Consultations

EMR 353 8675 2757

SMR 432 13614 3769

NMR 537 47606 10104

Total 1687 69895 16630


Objective 1: ICCV’s Recommendations

The JICS needs to strengthen its reporting mechanisms with regard to unresolved complaints

DCS, HCC’s should as far as possible assist the ICCV’s with logistical support, especially with regard to the use of computers, as ICCVs are largely dependent on the IT system for effective functioning

DCS representation at Visitors’ Committee meetings are highly encouraged for assistance with the resolution of complaints


Objective 2: VC’s

Meetings Number of meetings

SMR NMR EMR

VC MEETINGS HELD 27 26 19


Objective 3: Stakeholder Engagement Public Calling for Nominations Meetings

The Act requires that the Inspecting Judge consults with community Calling for nominations were held in Eastern Cape during the quarter.

Submissions to the Portfolio Committee and Minister: DCS

Date Submitted To

Submission

October 2011 Minister & PC

Annual report submitted to Minister and Portfolio Committee and published on website

October 2011 PC Stakeholder Comments: DCS Annual Report 2010/2011

November 2011 PC Torture in Correctional Centres by the Legal Services Unit, and is to be presented during February 2012.

THANK YOU.

Documents

Republic of South Africa Judicial Inspectorate for Correctional Services Quarterly Report to the Portfolio Committee on Correctional Services For the period