Summary and Analysis of the 2013/14 Annual Report of the Judicial Inspectorate for Correctional Services Mpho Mathabathe: Researcher Portfolio Committee on Justice and Correctional Services

Introduction The purpose of this presentation is to assist the Portfolio Committee on Correctional Services on its deliberation on the Annual Report of JICS. This is in line with Section 55(2) of the Constitution which states that the National Assembly is required to provide mechanisms to ensure that executive organ of state and public entities in the national sphere of government are accountable to it.

Mission of JICS Mission of the JICS includes to: Prevent human rights violations through the monitoring of mandatory reporting systems, Maintain an independent complaints system, Promote transparency regarding the activities of the Judicial Inspectorate.

Structure of the Report This Annual Report (AR) consist of 5 chapters Chapter 1 focuses on the Statutory mandate of the Inspectorate Chapter 2 focuses on Administration Chapter 3 looks at Inspections, Investigations, Complaints and Mandatory reporting Chapter 4 looks at community oversight and stakeholder engagement Chapter 5 looks at special projects and research

Management of the Inspectorate The current Inspecting Judge is Judge Vuka Tshabalala who was appointed on 1 November 2011 for a period of three years The Chief Executive Office, Mr Carelse was suspended on 12 September while Mr Masondo who is the Director was since appointed acting CEO of the Inspectorate

Key Successes and Challenges There has been a substantial decrease in the number of disciplinary matters from 12 (in 2012/13) to 2 (in 2013/14) Key Challenges Almost half of the employees of the Inspectorate are on contract (46%). This remains a pressing issue for the Inspectorate Lack of commitment to fund the new post establishment by the Department of Correctional Services remains a challenge for the Inspectorate

Key Successes and Challenges (Cont..) Over-spending of the budget by R5 million Allocation o office space by the Department of Public Works (DPW) is still a challenge There has been a decrease in the number of females employed by the Inspectorate from 52% (in 2012/13) to 46% (in 2013/14).

Administration Human Resources The inspectorate had 45 approved funded post on their fixed establishment. 1 position was vacant as at 31 March 2014 There were 38 staff on a fixed contract (34 in 2012/13) There were only 2 disciplinary cases involving staff as compared to 12 the previous financial year. In both cases final written warnings were issued Number of training/workshops/courses were attended by staff.

Administration Financial Management Budget allocation was R31 666 600 representing 0.17% of DCS’ budget The final expenditure at the end of the financial year was R36 780 635.30 (R31 321 506.67 in 2012/13) There was over-spending of R5 million Compensation of employees: R30 763 994.45 (R24 854 192.92 in 2012/13) Goods and Services: R 6 016 640.85 (R 6 467 313.75 in 2012/13) Communication: R332 453.98 (R191 994.69 in 2012/13)

Administration Financial Management Travel & subsistence: R 3 050 402.15 (R 2 975 901.65 in 2012/13) Leases: domestic equipment: R237 548.58 (R205 351.38 in 2012/13) Stationery & printing: R 171 758.70 (R256 560.12 in 2012/13) Venues & facilities: R163 390.30 (R61 138.90 in 2012/13) Other: R2 061 087.14 (R2 776 367.01 in 2012/13)

Administration IT Inspectorate dependent on many transversal systems of DCS. The email system used by the Inspectorate falls under DCS and the Internet is also controlled by DCS. The State Information Technology Agency (SITA) provides the Inspectorate’s Head Office with IT support for all hard ware and sowt-ware related matters whereas DCS provides support on all network-related matters

Administration Transport There are 20 vehicles (22 in 2012/13) of which 4 are older than 10 years with extremely high mileage were identified for disposal. The fleet of vehicle is insufficient to meet the Inspectorate’s operational needs. In some instances the Inspectorate borrows vehicles from DCS The Inspectorate depends on funding from DCS in order to purchase vehicles.

Inspections, Investigations, complaints and mandatory reporting Composition of inmates in correctional centres Sentenced Remand Total 110 412 (104 670 2012/13) 44 236 154 648 Children: 235 Children: 181 416 (148 in 2012/13) Juveniles: 26 810 Juvenile: 18 046 44856 (46 290 in 2012/13) Females: 2235 Females: 663 2898 (2613 in 2012/13

Inspection, Investigations, Complaints and Mandatory Reporting Inspections and Investigations A total of 91 (93 in 2012/13) inspections undertaken in correctional centres with the following general findings amongst others: Infrastructure inadequate: 44 instances Insufficient programmes: 16 instances Occupational health and safety: 15 instances. Specific findings Rotten fruits distributed to inmates at Bakley East correctional centre No educational programmes offered to juveniles at Harrismith correctional centre

Mandatory reporting Investigations A total of 20 (39 in 2012/13) investigations were conducted Number of centres investigated due to allegations of serious assaults by Emergency Support Team (EST) Complaints Complaints Unit of Inspectorate received 1 115 complaints from various sources Most complaints related to transfers (243), other (181) parole (115) assaults inmates by officials (109) .

Mandatory reporting Deaths Suicide Unnatural= 46 (57 in 2012/13) Hanging= 20 Medical overdose= 2 Self mutilation= 1 Smoke inhalation= 2

Mandatory reporting Segregation There were 8 397 (7 493 in 2012/13) cases of segregation reported Since the Inspectorate relies on the Department to submit reports on segregation, there should be a way in which the Inspectorate can verify if the number of segregation reports are accurate Mechanical Restraints There were 271(207 in 2012/13) reports on the use of mechanical restraints received by the Inspectorate Again, there should be a way in which the Inspectorate can verify if the number of Mechanical Restraints reports received are accurate

Mandatory reporting Use of Force There were 191 (83 in 2012/13) reported cases on the use of force by officials to inmates. What are the difference between use of force reported to JICS and assault (officials to inmates) reported to JICS? There should be a way in which the Inspectorate can very if the number of reported cases on the use of force is accurate

Community Oversight and Stakeholder Engagement Independent Correctional Centre Visitors (ICCVs) ICCVs are appointed for each correctional centre after public consultations and nominations. ICCVs are independent contractors who are remunerated for the number of hours they spend at a correctional centre The Inspectorate currently has 309 ICCV posts establishment but there are only 273 ICCVs Some of the ICCVs serve two correctional centres Ratio of ICCVs to inmates is currently 1:536 based on 288 filled posts. What is the target for ICCVs per month? Vacancies in ICCVs posts are as a result of resignations for greener pastures; dismissal for submitting fraudulent claims etc.

Community Oversight and Stakeholder Engagement Requests and Complaints dealt by ICCVs There were 450 916 (411 066 in 2012/13) requests and complaints dealt with by ICCVs in 2013/14 financial year. What are the outcomes of these complaints? How do the ICCVs influence the outcomes of the requests and complaints? Are they just messengers? Majority of requests and complaints related to lack of communication with families (68 352); transfers (60 083); health care (52 647) and bail (46 301).

Recommendations and Conclusion There has been an increase in the number of requests and complaints dealt with by ICCVs. The Inspectorate should find ways to report on the outcomes of these complaints and requests The issue of funding for the Inspectorate should be looked at, in particular funding for the new approved structure The Portfolio Committee on Justice and Correctional Services should engage with the PC on Public Works to enquire into the delays by DPW in finalizing the procurement of office space for the Inspectorate

Recommendations and Conclusion The Inspectorate should consider the following specific recommendatons: Convert their chapters into programmes as follows: Programme 1: Administration; Programme 2: Inspection, Investigation, Complaints and Mandatory Reporting; Programme 3: Community Oversight and Stakeholder Engagement; Programme 4: Research and Special Projects Allocate budget for each of the above programmes and report on expenditure for each programme Look at possibilities of setting targets for each programme.

End, Thank You