PRESENTATION BY THE NATIONAL COUNCIL FOR CORRECTIONAL SERVICES

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Presentation transcript:

PRESENTATION BY THE NATIONAL COUNCIL FOR CORRECTIONAL SERVICES

Structure The National Council consists of: Three judges of the Supreme Court of Appeal of South Africa or of the High Court of South Africa appointed after consultation with the Chief Justice; A magistrate of a regional division appointed after consultation with the chairperson of the Magistrates Commission; A director or Deputy Director of Public Prosecutions appointed after consultation with the National Director of Public Prosecutions;

Structure (Continued) Two members of the Department, of or above the rank of director, appointed after consultation with the National Commissioner; A member of the South African Police Service, of or above the rank of director, appointed after consultation with the National Commissioner of the South African Police Service; A member of the Department of Social Development, of or above the rank of director, appointed after consultation with the Director-General of Welfare;

Structure (Continued) Two persons with special knowledge of the correctional system who are not in full-time service of the State; and Four or more persons not in the full-time service of the State, appointed as representatives of the public in consultation with the relevant Parliamentary Committees.

Tenure of Office Members of the National Council hold office for such period as the Minister determines at the time of their appointment. If there are valid grounds for doing so, the Minister may terminate the appointment of a member. The Minister must appoint one of the judges referred to as chairperson and the other two as vice-chairpersons of the National Council. The majority of members of the National Council constitute a quorum for a meeting of the Council. A decision of majority of the members of the National Council present shall be a decision of the Council and in the event of an equality of votes, the member presiding at the meeting shall have both a deliberative and the casting vote.

Remuneration A member of the National Council who is not in the service of the State may receive such allowances as may be determined by the National Commissioner in consultation with the Minister of Finance. The National Commissioner must provide the necessary information and resources to enable the National council to perform its primary function

Functions and Duties The primary function of the National Council is to advise, at the request of the Minister or on its own accord, in developing policy in regard to the correctional system and the sentencing process. The Minister must refer draft legislation and major proposed policy developments regarding the correctional system to the National Council for its comments and advice. The National Council may examine any aspect of the correctional system and refer any appropriate matter to the Inspecting Judge. The National Council must fulfill any other function ascribed to it in the Act.

Correctional Supervision and Parole Review Board The Correctional Supervision and Parole Review Board is selected from the National Council and consists of: A judge as chairperson; A director of Public Prosecutions or a person nominated by that director; A member of the Department; A person with special knowledge of the correctional system; and Two representatives of the public. The National Council must appoint the members for each meeting of the Correctional Supervision and Parole Review Board

Meetings of Correctional Supervision and Parole Board The majority of the members of the Correctional Supervision and Parole Review Board constitute a quorum for a meeting of the Board. A decision of a majority of the members of the Correctional Supervision and Parole Review Board present is a decision of the Board and in the event of an equality of votes on any matter, the member presiding at the meeting has both a deliberative and a casting vote.

Powers of the Correctional Supervision and Parole Review Board On consideration of a record submitted in terms of section 75 of the CSA, Act 111 of 1998 and any submission which the Minister, National Commissioner, Inspecting Judge or the sentenced person concerned may wish to place before the Correctional Supervision and Parole Review Board, as well as such other evidence or argument as is allowed, the Correctional Supervision and Parole Review Board must: Confirm the decision; or Substitute its own decision and make any order which the Correctional Supervision and Parole Board ought to have made.

Powers of the Correctional Supervision and Parole Review Board (Continued) The Correctional Supervision and Parole Review Board must give reasons for its decision, which are to be made available to the Minister, National Commissioner, the person and the Correctional Supervision and Parole Board concerned in a specific matter and all other Correctional Supervision and Parole Boards for their information and guidance.

Statistics as at September 2016 Operations The National Council currently convenes meetings on monthly basis. The Correctional Supervision and Parole Review Board meets as and when the need arise. Lifer profiles finalized for the 2014, 2015, 2016 years: YEAR PAROLE / DAY PAROLE FURTHER PROFILE TOTAL 2014 29 134 163 2015 137 339 476 2016 47 261 308 Statistics as at September 2016

Policies under Review The Council is currently reviewing the following policies: Policy on sale of Offender Arts and Craft Restorative Justice Policy Minimum Security Standard policy (installation of CCTV cameras within cells)

Visits to Correctional Centres Since assuming office in June 2016, the current Council has visited the following centres as part of its mandate; Kgosi Mampuru II (Observation of CMC and CSPB sittings) Tswelopele Correctional Centre (viewing of the control room)

Thank You Thank You