“People are living there” JICS annual report presentation 2015/2016 Presented by Acting CEO: Mr M Masondo Office of the Inspecting Judge 11 October 2016

PURPOSE OF THE PRESENTATION This presentation deals with the following: (i) Mandate of JICS (ii) Strategic Objective (iii) Functions & core responsibilities of JICS (iv) 2015/2016 Performance information from quarter 1-4 (v) Administration Report on Human and Financial Resources (vi) State of correctional centres (vii) Inspections and Investigations (viii) Mandatory Reporting (ix) Complaints (x) Stakeholder Engagement (xi) Research

OVERVIEW OF THE LEGAL MANDATE OF JICS We are a creature of statutes established by section 85 (1) of the Correctional Services Act 111 of 1998, as amended (CSA) Section 85 (2) provides that “the object of the JICS is to facilitate the inspection of correctional centres in order that the Inspecting Judge may report on the treatment of inmates in correctional centres and on conditions in correctional centres.”

STRATEGIC OBJECTIVE Provide effective independent oversight relating to the treatment of inmates and the conditions in the correctional centres and PPPs Strategic Indicator 1: Percentage of Correctional facilities and PPP’s facilities inspected on the conditions and treatment of inmates

FUNCTIONS & CORE RESPONSIBILITIES OF JICS(S90(1) – (10) The Inspecting Judge inspects or arranges for the inspection of correctional centre’s and remand facilities in order to: report on the treatment of inmates in correctional centre’s and remand facilities and on conditions and any corrupt or dishonest practices in correctional centre’s and remand facilities Deal with complaints received from specific sources and allow for exceptional cases where it will deal with complaints received directly from an ICCV Submit a report on each inspection to the Minister and Portfolio Committee on Justice and Correctional Services Submit an annual report to the Minister and the President. Conduct an investigation by having an enquiry and holding hearings Assign functions to inspectors (except in conducting a hearing) and make rules not inconsistent with the Act.

Performance Indicators Quarter 1: April to June 2015 PROGRAMME 1: ADMINISTRATION Sub-Programme: Management Strategic Objectives: Provide effective independent oversight relating to the treatment of inmates and the conditions in the correctional facilities and PPP’s. Annual Target 2015/2016: - 33% (81/ 243) - 100% Performance Indicator 1st Quarter Target 1st Quarter Achievement Reasons for Over /Under Corrective steps if target not achieved Percentage of Correctional facilities including PPPs inspected on the conditions and treatment of inmates 8% 20/ 243 Capacity constraints within the unit Ensuring that the unit is capacitated Percentages of Unnatural deaths reports received from the DCS analyzed and feedback provided to stakeholders within 60 days 100% 0% No reports received from DCS for the reporting period Follow up on all outstanding unnatural death cases investigated by DCS once a month

Performance Indicators Quarter July to September 2015 PROGRAMME 1: ADMINISTRATION Sub-Programme: Management Strategic Objectives: Provide effective independent oversight relating to the treatment of inmates and the conditions in the correctional facilities and PPP’s. Annual Target 2015/2016: - 33% (81/ 243) - 100% Performance Indicator 2nd Quarter Target 2nd Quarter Achievement Reasons for Over /Under Corrective steps if target not achieved Percentage of Correctional facilities including PPPs inspected on the conditions and treatment of inmates 9% 21/242   Capacity constraints within the unit Ensuring that the unit is capacitated Percentages of Unnatural deaths reports received from the DCS analyzed and feedback provided to stakeholders within 60 days 100% 28 reports 28 reports received from DCS for the reporting period Follow up on all outstanding unnatural death cases investigated by DCS once a month

Performance Indicators Quarter 3: October to December 2015 20 inspections were targeted for the quarter; however the JICS managed to conduct 10 inspections. The under-performance of the target for inspections in this quarter was due to limited capacity due to the expiration of contracts of staff in September 2015 which included the expiration of 3 inspectors from the regions. During the quarter, there was only 1 inspector at JICS. The lack of capacity was mitigated through a contingency plan decided by management whereby the JICS permanent staff was requested to conduct inspections in the interim.

Performance Indicators Quarter 3: October to December 2015 PROGRAMME 1: ADMINISTRATION Sub-Programme: Management Strategic Objectives: Provide effective independent oversight relating to the treatment of inmates and the conditions in the correctional facilities and PPP’s. Annual Target 2015/2016: - 33% (81/ 243) - 100% Performance Indicator 3rd Quarter Target 3rd Quarter Achievement Reasons for Over /Under Corrective steps if target not achieved Percentage of Correctional facilities including PPPs inspected on the conditions and treatment of inmates 8% (20/243)   NB: As per the National Inspection Plan, 81 correctional centres are targeted for inspection for the current year. Hence 20 inspections were targeted for this quarter. 4% (10/243) 10 inspections were conducted during the quarter. Limited capacity due to expiration of contract inspectors Liaising with DCS for filling of permanent posts Percentages of Unnatural deaths reports received fromthe DCS analyzed and feedback provided to stakeholders within 60 days 100% 0% No reports received from DCS for the reporting period Follow up on all outstanding unnatural death cases investigated by DCS once a month

Performance Indicators: Quarter 4: January to March 2016 During the 4th quarter 20 inspections were targeted. However, a total of 30 inspections were conducted. Due to outstanding inspections from the lack of capacity in the 3rd quarter, the Inspectorate deployed 5 employees to conduct the outstanding inspections. This measure was put in place to ensure the overall year target of 81 inspections was concluded. The underperformance of the second indicator is due to the unreliable submission of reports from the DCS. During this quarter, no reports were analysed due to the late receipt of 28 reports forwarded to JICS from DCS in the last week of March 2016 Further, the dysfunctional electronic system of submitting reports poses enormous challenges to conduct the task of analysing the unnatural death reports

Performance Indicators: Quarter 4: January to March 2016 PROGRAMME 1: ADMINISTRATION Sub-Programme: Management – Judicial Inspectorate for Correctional Services Strategic Objectives: Provide effective independent oversight relating to the treatment of inmates and the conditions in the correctional facilities and PPP’s. Annual Target 2015/2016: 33% (81/ 245) Performance Indicator 4th Quarter Target 4th Quarter Achievement Reasons for Over /Under Corrective steps if target not achieved Percentage of Correctional facilities including PPPs inspected on the conditions and treatment of inmates 9% (20/245)   NB: As per the National Inspection Plan, 81 correctional centres are targeted for inspection for the current year. Hence 20 inspections were targeted for this quarter. 12% (30/245) Actual performance: 30 inspections were conducted during the quarter. Due to outstanding inspections from the lack of capacity in the 3rd quarter, the Inspectorate deployed 5 employees to conduct the outstanding inspections. Hence, an over-achievement of 30 inspections were conducted in the 4th quarter. N/A Percentages of Unnaturaldeaths reports received from the DCS analyzed and feedbackprovided to stakeholderswithin 60 days 100% 0% 28 reports were received from DCS in the last week of March 2016. Due to the late receipt and minimum capacity at JICS, the reports could not be analysed before the quarter ended. JICS is liaising with DCS to find solutions towards correcting the dysfunctional electronic system

POST ESTABLISHMENT OF JICS 43 filled posts on the establishment, 1 vacant post; CEO. 42 additional posts were received from DCS; of which 24 posts were advertised and the recruitment is currently underway The remaining 18 posts will be advertised soon after permission granted by DCS (When they have abolished their position and transferred them to us) We have 217 ICCV’s posts filled out of 310 and 9 of the correctional centres are still under renovations

BUDGET FOR 2015-2016 The JICS was allocated a budget of R47 016 000.00 at the beginning of financial year. Total budget R48 370 000 Compensation R39 457 000 Goods and Services R7 294 000 Capital expenditure R 1619 000 (vehicles, laptops and desktops)

THE STATE OF CORRECTIONAL CENTRES As at 31 March 2016, 161 779 people were incarcerated in correctional centres

INVESTIGATIONS & INSPECTIONS A total of 13 investigations and 81 inspections were conducted by the Inspectorate during the 2015-2016 period. Main allegations from investigations: Assault: official on inmate Main findings from inspections: Overcrowding caused due to the classification of inmates , the effectiveness with which the centre is managed, location of the centre and he design and architecture of the buildings Issues around Safe custody for staff (skeleton staff) and inmates (lack of fire escapes, unskilled DCS staff on fire safety) Deteriorating infrastructure Inadequate access of inmates relating to exercise, nutrition, rehabilitation programmes, and healthcare Shortage of healthcare professionals

INSPECTIONS Out of the 243 centres, the Inspectorate committed itself to inspect one third (81) of the correctional centres for the reporting period.

MANDATORY REPORTING DCS is obliged to report to JICS on the following: 1) Section 15 deaths, Section 30 segregations, Section 31 mechanical restraints and Section 32 use of force. During 2015-2016 the following mandatory reporting included: 619 reports of use of force 573 reports of deaths (511 natural and 62 unnatural deaths) 315 reports of use of mechanical restraints 12 678 reports of segregations

COMPLAINTS MANAGEMENT SYSTEM In terms of the provisions of section 21(1) read with Correctional Services Regulations, “every prisoner must, on admission and on a daily basis, be given the opportunity to make a complaint or request to the head of correctional centre or a correctional official In the year under review, our ICCVs and staff of the Complaints Unit had interactions with inmates on a total number of 456 994 occasions. These interactions include interviews, requests, advice and complaints. We have noted a sharp decline of inmate on inmate assaults while 811 complaints have been received for assault by officials on inmates.

PREVALENT COMPLAINTS 1: transfers (9 845 ) due to: Lack of rehabilitation programmes as per individual consideration Contact with families Overcrowding 2:healthcare complaints (7 574 ) due to professional services are not provided timeously delay in receiving prescribed medication in rural areas 3: Appeals, Bail and Legal Representation complaints Appeal (3502) Bail (4448), Legal Representation (5529)

STAKEHOLDER ENGAGEMENTS JICS belongs to Outcome 3 of the National Development Plan, vision 2030 which seeks to provide an excellent channel and through our VC’s we contribute to outcome number 3 which speaks to contributing safer communities. In order to give effect to this outcome the Inspectorate participated in various community meetings which aimed at crime prevention awareness campaigns. In this regard there was joint collaboration with DCS Community Corrections, and non- profit organisations. As an example is assisting parolees to secure employment and to empower them with the requisite skills to be employable and self-sufficient. JICS’s interest in such initiatives is to ensure while inmates are serving their sentences, they are prepared to be reintegrated into society and thereby contributing to curbing of recidivism.

HEALTH RESEARCH FINDINGS The right of access to health care services is one of the indivisible and interdependent rights entrenched in the Bill of Rights Section 35 (2) (e) of the Constitution of the Republic of South Africa. Conditions Correctional centres are not similar when it comes to the state of health conditions; even within a particular region and centre, the conditions will vary from unit to unit. The findings show that this is due to several factors namely, whether inmates in the unit are sentenced offenders or remand detainees; male inmates or female inmates; youth inmates or adult inmates. Complaints in this category referred to the broken toilets , showers and windows; Limited or no hot water and dilapidated infrastructure. Due to the high turnover rate of remand detainees, remand units were found to have deplorable health conditions and dilapidated infrastructure compared to those occupied by sentenced offenders. This is ostensibly as a result of the constant turnover of remand detainees in contrast with the relatively stable occupation of the sentenced offenders

HEALTH RESEARCH FINDINGS Mental illness A high number of inmates are classified with various mental illnesses. Most of these inmates are not declared as state patients and suffer from a variety of mental illnesses ranging from major depression to psychosis. In 85% of centres where the JICS conducted inspections, statistics show that Mentally ill inmates are usually incarcerated with the general inmate population as placing them in segregation increases the chances of self-harm. The resultant challenge of placing such inmates with the general inmate population, poses the risk to other inmates and to DCS officials as well. Inspection findings further indicate that most centres have limited medical facilities and are unable to house the mentally ill inmates. Based on the JICS inspections survey, the interviews with the correctional centre nurses revealed that the 3 most prevalent mental illnesses in the inspected centres are psychosis (including drug induced), depression and schizophrenia

HIV /AIDS and TB TRAINING FOR ICCVS The prevalence of HIV/AIDS in correctional centres is believed to be higher than in the broader community. In order to assist in tackling the scourge of the HIV and TB pandemic in correctional centres, the Inspectorate and TB/HIV Care, collaborated on providing a training programme for the ICCVs. The programme entailed education on the diseases and methods for prevention and cure. The ICCVs were educated on the different types of TB, the causes and prevention of TB, the different stages of TB and how TB and TB/HIV infections can be managed. The training equipped the ICCVs to detect and correctly advise inmates on the treatment and management of TB/HIV. A total of 150 ICCVs attended the training. The evaluation of the training indicated 80% of ICCVs had rudimentary knowledge of TB/HIV and the training proved beneficial to their work of being able to accurately record complaints of

CONCLUSION It must be noted that the limited number of inspections, investigations, enquiries and research reports from JICS is largely due to capacity and budget constraints To achieve its mandate and realise the effectiveness of JICS, a substantial increase in the budget is necessary. A multi disciplinary approach from the criminal justice sector (departments and civil society) is needed to ensure the safe custody of all inmates.

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