The Judicial Inspectorate for Correctional Services Presentation to the Portfolio Committee on Justice and Correctional Services on the Purpose and Impact of the Judicial Inspectorate for Correctional Services Presented by Acting CEO: Mr M Masondo Office of the Inspecting Judge 21 September 2016

PURPOSE OF THE PRESENTATION This presentation deals with the following: (i). Purpose of our office and (ii).Impact of our office

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 Judicial Inspectorate 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.”

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.

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) Currently we have 4 Inspectors who are also doing the work of Investigators. Three of them are on contract and one permanent. The same with Community liaison Officials who are also doing the work of Trainers. We have 214 ICCV’s posts filled out of 310 and 9 of the correctional centres are still under renovations.

Budget for 2016-2017 Total budget R65 309 000 Compensation R57 380 000 Goods and Services R7 929 000 Expenditure to date R17 973 275

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 5 Year Target Audited/Actual performance Estimated performance 2015/2016 Medium-Term Targets 2012/2013 2013/2014 2014/2015 2016/2017 2017/2018 2018/2019 100% (243/ 243)   No historical information 38% (93/ 243) 37% (91/ 243) 41% (102/ 243) 33% 81/243 67% 163/243 243/243

INVESTIGATIONS & INSPECTIONS A total of 13 investigations and 81 inspections were conducted by the Inspectorate during the 2016-2017 year. Main allegations from investigations: Assault and sexual assault: inmate on inmate Assault: official on inmate Assault - EST officials on inmates and allegations of confiscation and destruction of property. Alleged homicide –officials on inmate Main findings from inspections: Overcrowding Issues around Safe custody – violations of inmates’ rights Deteriorating infrastructure Poor treatment of inmates relating to exercise, nutrition, rehabilitation programmes, healthcare Shortage of DCS officials, especially healthcare professionals

MANDATORY REPORTING DCS is obliged to report to JICS on the following: Section 15 Death; Section 30 Segregation, 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 The table below indicates the complaints received in the 2015-2016 year Categories EMR CMR NMR SMR DLS Total Appeal 830 556 1 609 488 19 3 502 Assault (Inmate on Inmate) 71 353 54 121 26 625 Assault (Official on Inmate) 130 162 85 226 208 811 Assault (Sexual) 15 20 1 9 18 63 Bail 987 411 2 091 949 10 4 448 Communication with Family 815 850 1 029 1 198 8 3 900 Conditions 103 243 544 526 3 1 419 Confiscation of Possession 78 47 117 156 6 404 Conversion of Sentence 43 209 11 332 Corruption 4 Food 108 174 437 324 1 046 Health Care 1 335 759 3 730 1 724 7 574 Hunger Strike 7 Inhumane Treatment 37 82 67 160 364 Legal Representation 1 121 994 2 090 1 319 5 5 529 Medical Release 2 27 Parole 138 1 320 1 587 1 044 46 4 135 Re-Classification 87 197 191 205 685 Rehabilitation Programmes 939 645 2 199 819 12 4 614 Remission 22 53 107 Torture Transfers 2 180 2 714 3 407 1 457 9 845 Other 2 107 1 439 4 624 3 034 11 289 11 141 11 077 24 114 13 832 603 60 767

Stakeholder Engagements The Independent Correctional Centre Visitors (ICCVs), under the management of the JICS Regional Offices, are involved with several stakeholders to assist inmates with various initiatives, which includes: Forming relationships with Brazilian and Lesotho Consulates to assist with complaints from the foreign national inmates Transfer of state patients Children/Youth in Conflict with the Law Workshops on Torture and the Violation of the Human Rights of inmates ICCV pilot/training on sexual assault Participating in the finalisation of SAPS cases Referring cases to Legal Aid SA Campaign against gangsterism Education about crime Plea bargaining - Assisting Detainees to be released in terms of section 49 G.

Achievements by the Inspectorate: Additional 42 posts received Ring-fencing of budget for the Inspectorate Formal opening of regional offices Proposed amendments of the CSA Proposals for new organisational form for the Inspectorate Creating a Corporate Identity for the Inspectorate

Short term plan Finalise the organisational form that we should adopt (30 September 2016) We aslo benchmarked with IPID and Office of Tax Ombudsman in relation to the organisational form. We also met with Treasury for advices on organisational form. We met with Government Communication & Information System concerning JICS corporate identity. Finalising relocation of Head Office from Cape Town to Pretoria – deadline 31 December 2016 Address staff who are affected by the relocation of Head Office – 30 October 2016 Finalising the process of filling 24 of the 42 posts and to address the remaining 18 posts – deadline 1 November 2016 Opening of new office in East London – deadline 31 December 2016

Medium term plan Review of the Service Delivery Model and Structure – deadline 31 March 2017 Legislative amendments to maximise the effectiveness of JICS - deadline 31 March 2017 Development of a Strategic Plan and Annual Performance Plan for JICS – 31 March 2017 Review of the ICCV appointment policy to investigate the feasibility of permanent employment of ICCVs – 31 March 2017

Long term plan JICS to be a separate entity from DCS JICS to align and expand to all 6 DCS regions JICS to have a presence in all 9 provinces To have finalised the legislative amendments and to have binding recommendations Implementation of the Strategic Plan objectives

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