PRESENTATION BY THE NATIONAL COUNCIL FOR CORRECTIONAL SERVICES PRESENTER: THE HONOURABLE MR. JUSTICE SIRAJ DESAI DATE: 4 NOVEMBER 2009.

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Presentation transcript:

PRESENTATION BY THE NATIONAL COUNCIL FOR CORRECTIONAL SERVICES PRESENTER: THE HONOURABLE MR. JUSTICE SIRAJ DESAI DATE: 4 NOVEMBER 2009

STRUCTURE The National Council consists of:  Two 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 Prose- cutions 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 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 Welfare, 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 or members of Parliament appointed as representatives of the public after consultation with the Portfolio Committee on Correctional Services. Members of the National Council hold office for such period as the Minister determines at the time of their appointment.

STRUCTURE (CONTINUED) 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 as vice- chairperson 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.

STRUCTURE (CONTINUED) 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 Commissioner in consultation with the Minister of State Expenditure.

FUNCTIONS AND DUTIES  The primary function of the National Council is to advice, at the request of the Minister or on its own accord, in developing policy with 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 Commissioner must provide the necessary information and resources to enable the National council to perform its primary function.

FUNCTIONS AND DUTIES (CONTINUED)  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 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 or a deputy director of Public Prosecutions;  A member of the Department;  A person with special knowledge of the correctional system; and  Two representatives of the public.

CORRECTIONAL SUPERVISION AND PAROLE REVIEW BOARD (CONTINUED) The National Council must appoint the members for each meeting of the Correctional Supervision and Parole Review 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 Correctional Services Act, Act 111 of 1998 and any submission which the Minister, Commissioner or 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, 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.

OPERATION The National Council convenes meetings on a quarterly basis but may meet more frequently as the need dictates. The Correctional Supervision and Parole Review Board meet as and when the need arise. Statistics for the period October 2008 – October 2009 are as follows: Inmates considered for possible parole: 47 Cases reviewed by the CSPRB: 18

CORRECTIONAL SERVICES AMENDMENT ACT, 2008 (ACT NO 25 OF 2008) Section 83 of Act 111 of 1998 has been amended as follows:  “…[two] 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;  four or more persons, not in the full-time service of the State, [or members of Parliament] appointed as representatives of the public [after] in consultation with the [Portfolio Committee on Correctional Services] relevant Parliamentary Committees.”

CORRECTIONAL SERVICES AMENDMENT ACT, 2008 (ACT 25 OF 2008) (CONTINUED)  “The Minister must appoint one of the judges referred to in subsection (2)(a) as chairperson and the other two as [vice-chairperson] vice- chairpersons of the National Council.”

THANK YOU