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IMPLEMENTATION OF RECOMMENDATIONS OF IMPLEMENTATION OF RECOMMENDATIONS OF FINAL REPORT OF JALI COMMISSION OF INQUIRY FINAL REPORT OF JALI COMMISSION OF INQUIRY

Presentation to Select Committee 2006-11-15

An Age of hope: a National Effort for Corrections,

Rehabilitation and Social Re-integration of Offenders

PURPOSE

Purpose of Presentation provide feedback to Select

Committee on work done by DCS in dealing

with final report of Jali Commission of Inquiry

Format of Presentation

1. Background

2. Summary Of Departmental Processes

3. Status: Implementation Of Recommendations On Systems & Policies

4. Status: Implementation Of Recommendations On Misconduct Matters

5. Conclusion

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1. BACKGROUND

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• Commission’s Terms Of Reference – corruption, maladministration, violence or intimidation in 9 Management Areas including Head Office

• Duration of Commission Feb 2002 to Dec 2005• Structure of Commission’s report Vol 1 Systems and

Policies; Vol, 2 Misconduct Findings; Vol 3-5 Interim Reports

• Management Areas on which Commission conducted investigations- Pretoria, Johannesburg, Ncome, Pietermaritzburg, Durban-Westville, Pollsmoor, St Albans, Middledrift & Grootvlei

• Conducted through Public Hearings• Submitted 11 interim Reports

2. SUMMARY OF DEPARTMENTAL PROCESSES

• Final Report received by Office of President in Dec 2005 and by Department in March 2006

• Constituted Task team to analyze & summarize report for Management

• Established Centralised Departmental Task Team to deal with disciplinary cases

• Branches dealing with & finalize issues relating to systems & policies

• Quarterly reports to be provided to Commissioner & Minister on progress w.e.f 30 September 2006

• Minister to provide letter to President on completion of implementation at end of process

• Matter prioritized as project for reporting in terms of Government Programme of Action

• Full Report has been published on Website

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3. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON

SYSTEMS & POLICIES

1. HISTORICAL BACKGROUND• Strategies undertaken to lay foundation for

transformation• Undue Union influence appointment - Most

Managers no longer in Department• Remarkable progress made in attracting external

skills• Disciplinary Code recently amended to ensure

effectiveness

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2. TRADE UNIONISM

• Separate Bargaining Unit for Senior Management investigated by DPSA – Salary matters already dealt with separately

• Professional association for Senior Management also being investigated by DPSA

• Discrepancy between Agency shop agreement fee & Labour Relations Act addressed

• Relationship Building by Objectives (RBO)’s

• Ministerial Labour Consultative Forum


SYSTEMS & POLICIES

3. CORRECTIONAL CENTRE GANGSTERISM• Need for effective strategy identified in new White

Paper on Corrections• Strategy currently under development• Policy makes provision for classification & separation

of offenders• Protection Plan provides for separation of different

risk categories• Offender Rehabilitation Path makes provision for

profiling of offenders• Involvement of officials in promotion of gang

activities is a serious offence


SYSTEMS & POLICIES

4. RECRUITMENT / MERIT AWARD IRREGULARITIES

•Public Service Act & Regulations entrust Minister an accounting officer with authority relating recruitment

•Recruitment process partly outsourced

•Recruitment policy & procedures in process of being consolidated

•Internal controls put in place for proper management of merit awards


SYSTEMS & POLICIES

5. CORRECTIONAL CENTRE SECURITY• Installation of technology part of Correctional

Centre upgrading as well as new generation centers• Offender Rehabilitation Path makes provision

for profiling & categorization of offenders• Security awareness part of Basic training &

refresher training• Reward system for both offenders & officials in

place• Ethics & anti-corruption course developed &

implemented


SYSTEMS & POLICIES

6. TREATMENT & DETENTION OF OFFENDERS IN ISOLATION & C-MAX INCLUDING

NUTRITION

• New offender disciplinary code consistent with human rights & principles of natural justice

• Chairpersons of offender tribunals trained in new Code

• Detention in single cells should be consistent with principles of natural justice (procedural fairness)

• Measures put in place to implement three meal system


SYSTEMS & POLICIES

7. SEXUAL VIOLENCE AGAINTS INMATES IN CORRECTIONAL CENTRES

• Human Rights training part of Basis training modules

• Profiling & categorization will assist in separation & protection of vulnerable (ORP)

• Rape protocol & procedures have been developed

• Sexual offences treatment program is being designed

• Protection Plan aimed at prevention sexual assaults.

• Operational agreement with Centre for Study of Violence & Reconciliation to conduct survey on sexual violence


SYSTEMS & POLICIES

8. PLACEMENT OF OFFENDERS ON PAROLE

• New Act has transformed structure & composition of Parole Board to ensure accountability

• 52 New Correctional Supervision & Parole Boards in place

• Parole Board decisions subject to review by a Parole Review Board

• Parole Boards guidelines consistent with Promotion of Administrative Justice Act to ensure fair & accountable decisions

• Restrictions placed on medical Parole aimed at ensuring safety of community & victims


SYSTEMS & POLICIES

9. CONVERSION OF SENTENCES OF IMPRISONMENT

INTO CORRECTIONAL SUPERVISON

• Survey conducted at request of Minister to determine

backlog

• No need for amendment of section 276A of Criminal

Procedure Act as section 299A of Act makes

provision for involvement of victims in Parole

Hearings


SYSTEMS & POLICIES

10 POWERS & FUNCTIONS OF INSPECTING JUDGE• Independent statutory body not subject to DCS

control• Independent Prison Visitors may report corruption

matters for further investigation• No need to amend Act at this stage11. PRISON OMBUDSMANDCS has internal investigative capacity in line with

Cabinet decisionDepartmental Investigation Unit centralized to ensure

impartiality DCS signed a Memorandum of Understanding with

SAPS, SIU & DSO for Mutual SupportNo need for an additional agency


SYSTEMS & POLICIES

12. OVERCROWDING• Identified as JCPS priority since 2002• Interdepartmental Task Team established• Research project underway on offender projection

model• Overcrowding monitored in Risk Management

Committee• All Regions have Risk Mitigation Plans on overcrowding• Approval of amnesty is Presidential prerogative (section

84 of Constitution)• Correctional Services Act provides statutory measures

(section 62(f), 63A & 81)• Management of Remand Detention Project


SYSTEMS & POLICIES

13. ABUSE OF POWER BY SENIOR OFFICIALS• DCS employment equity Policy currently undergoing

intensive review & development• Comprehensive training to be conducted upon

completion of current policy review.14. DISCIPLINARY ENQUIRIES• DCS Disciplinary Code & Procedures recently

subjected to intensive review• Chairpersons & Initiators undergoing training on a

continuous basis to enhance compliance with Labour Law principles

• Enforcement of discipline considered as management line function & cannot be outsourced


SYSTEMS & POLICIES

15. OVERTIME POLICY• In line with PSC recommendations on overtime, DCS

decided to migrate to 7 day working week establishment

• Agreement concluded in 2005 with recognized Unions for phasing in of 7 day establishment

• Three Recruitment Agencies contracted to expedite recruitment process.

• Overtime currently managed in a responsible manner


SYSTEMS & POLICIES

16. PROCUREMENT & LOGISTICS• Policies & procedures extensively reviewed to

enhance internal controls• Components continuously subjected to internal

auditing & inspection to monitor compliance• Meetings held on a continuous basis between

National office functionaries & Regional Heads: Finance & Supply Chain Management to raise policy awareness


SYSTEMS & POLICIES

17. CORRECTIONAL CENTRE WORKSHOPS &

STOCK CONTROL SYSTEM• Policy & procedures have been reviewed to

enhance internal controls• Workshop computer system password protected• Component continuously subjected to internal

auditing & inspection to monitor compliance• Monitoring & evaluation visits conducted by

National office


SYSTEMS & POLICIES

18. IMPLEMENTATION OF PREVIOUS INVESTIGATIONS INTO DEPARTMENT

• Thrust of PSC & DPSA reports mainly on irregularities relating to recruitment, promotions, merit awards, overtime abuse of power including fraud & corruption regarding procurement matters

• Current interventions & measures cover both Commission as well as PSC & DPSA proposals on these matters

• Departmental Investigation Unit responsible for coordination, management & keeping of data relating to investigations

• System developed for management of all information relating to corruption cases


SYSTEMS & POLICIES

19. IMPLEMENTATION OF COMMISSION’S INTERIM REPORTS

• Commission’s request for outsourcing of disciplinary hearings in contravention of Collective Agreement

• DCS from time to time sourced services of external people for chairing with regard to senior management cases in line with Ministerial directive

• Concern relating to implementation of 8th interim report not founded

• All officials (nurses) referred to in report resigned before commencement of disciplinary hearings - Matter only referred to Nursing Council for further handling


SYSTEMS & POLICIES

Interim Reports: From 11 Interim Reports - 93 officials disciplined, 47 dismissals, 22 warnings, 13 acquittals & 11 resigned/passed awayMedcor Fraud Disciplinary hearings already commenced 701 members implicated• DCS received 120 files from DSO• Charged internally 96 (others passed away / resigned / medically boarded) 4 hearings two dismissed 94 pending in 2 hearings• Anticipated timeframes to finalize hearings & appeals November 2007

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4. STATUS: IMPLEMENTATION OF RECOMMENDATIONS ON MISCONDUCT

MATTERS

Reporting to External AgenciesReporting to External Agencies Reports where members are implicated in criminal activities were forwarded to NDPP• Medcor fraud cases (120) – DPP KZN

•Criminally charged in groups of four (4)•Two found guilty – fine & suspended incarceration

•Others already criminally charged with different dates of cases commencing in 2007• Professional bodies were already informed of misconduct of professionals (e.g. nurses)

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MATTERS


MATTERS• Final Report : started to analyze different cases whilst

simultaneously assessing capacity needed to deal with cases from 26 June 2006

• Team of 20 members from different Regions set up– Centralized team not representing specific

region – Members of Team convened at different stages– Budget process took place simultaneously– Projections - R 1,5 mil. 2006/07; R 2 mil. 2007/08 – R 500 000.00 allocated– Expenditure to date R 330 000.00

(venues / accommodation / S+T claims)

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Processing Documentation• Jali Reports – Executive Summary & 5 Volumes ±

3500 pages• Transcription of all hearings plus exhibits ± 95000

pages• Groups had to analyse

– Report– Select relevant part of transcription & exhibits– Formulate report to indicate:

• What evidence is available• Are witnesses still available• Where are members & witnesses stationed• Whether further investigation needed.

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MATTERS

Established sub-teams to focus on particular management areas as per terms of reference & where alleged misconduct took place: Pretoria Johannesburg Ncome Pietermaritzburg Durban / Westville Pollsmoor St Albans Middledrift

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MATTERS

• Prepared 48 investigation reports implicating 109 members.

(7 SMS members included) - 6 investigations still ongoing

• Initial report indicated 135 members implicated but after

scrutiny of documentation certain cases could not be

persued due to lack of evidence / witnesses deceased/

untraceable

• In terms of Resolution 24/1997 (Disciplinary Code &

Procedure) members implicated must be afforded

opportunity to reply to allegations. In some cases

Resolution 1/2001 will be applicable with same provisions.

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MATTERS

All these members were served with letters in this regard• Letters indicating allegations against them applying

audi alteram partem rule - reason being that members chose not to appear before Commission & their versions are not available

• Process now followed is finalization of internal investigation

In all cases Commission recommended suspension:• Suspensions considered in view of recommendations

only 12 members potentially qualified• After consideration of their responses one member was

suspended & hearing is scheduled

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MATTERS

Current Process• Serving of charges on implicated members:

- Task team members started as from mid October 2006 serving charge sheets on implicated members

- Hearings will be scheduled depending on schedule of parties involved – prehearings have started in Ncome, PMB, East London and JHB

• Appointment of chairpersons – 18 members confirmed as Chairpeople - to be

allocated as cases are ready– SMS members hearings will be chaired by

GPSSBC Commissioners

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MATTERS

Key Challenge in Disciplinary Process is time period for disciplinary hearings -

• Most of alleged misconduct relates to period prior to 2001

• Resolution 24/1997 states that employer should finalize an investigation within 14 days & finalize a disciplinary hearing within 30 days thereafter

• Jali Commission hearings are exceptional & Department will rely on case law to address this area

• Availability of witnesses (Deceased / Resigned / Released from correctional system)

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MATTERS

5. CONCLUSION

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Work relating to systems & policies has been

concluded and is integrated into Strategic and

Operational planning of DCS

Continuous monitoring & evaluation through

delivery on strategic plan and operational plan

Task Team managing misconduct investigation

and hearings will report to Minister on Quarterly

basis until completed.

THANK YOU

An Age of Hope: A National Effort for Corrections, Rehabilitation and

Social Re-integration of Offenders

THANK YOUThe End

An Age of hope: a National Effort for Corrections, Rehabilitation and Social Re-

integration of Offenders