Judicial Inspectorate for Correctional Services (JICS) Briefing to the Portfolio Committee on Correctional Services 8 July 2009

Table of contents Introduction of team.Introduction of team Committee requested to be briefed about; –Structure –Functions –Operations

Structure of JICS Post levelNumber of posts Salary level Director1Level 13 Deputy Directors3 (1 vacant)Levels 11 – 12 Assistant Directors5Levels 9 – 10 Inspectors and Supervisors10Level 8 Administrative staff24 (1 vacant)Levels 5 to 7 Staff on fixed term contracts6Levels 5 and 6 11 Members of staff based in satellite office in Centurion

Hierarchy of JICS Inspecting Judge Director National Manager: Legal Services Asst. Manager Legal Services Case Offers National Manager: Support Services Financial Logistics Human Resources Appointment/ Training Regional Managers: Southern/Northern Asst. Regional Manager Compliance Insp. Area Coordinators VC and ICCV National Manager: Competency Development Case admin

Functions of the JICS Statutory Objective (Section 85) “To facilitate the inspection of prisons in order that the Inspecting Judge may report on treatment of inmates in correctional centres and the conditions in correctional centres” Vision: “To ensure that all inmates are detained under humane conditions, treated with human dignity and prepared for a dignified re- integration into the community” Six Strategic Objectives/ Programmes –To establish and maintain an independent complaints procedure for all inmates

Six Strategic Objectives/ Programmes (continue) –To collect accurate, reliable and up-to-date information about the conditions in correctional centres and the treatment of inmates. –To inform public opinion about the conditions in correctional centres and the treatment of inmates. –To ensure and maintain the highest standards of good governance. –To prevent possible human rights violations, through a system of mandatory reporting and prison visits. –To promote and facilitate community involvement in correctional matters.

Key processes and systems developed to achieve objectives Appointment of Independent Correctional Centre Visitors (ICCVs). –Calling for public nominations –Consulting with community organizations Dealing with reports received from Heads of Correctional Centres. –Deaths in correctional centres –Segregation, solitary confinement and use of mechanical restrains Dealing with complaints received from inmates via the ICCVs. –Individual complains –Analysis of the number and nature of complaints Functions of the Visitors Committees and community involvement. Audits of ICCVs and remuneration. Development of the E-system.

Appointment of Independent Correctional Centre Visitors (ICCVs). Statutory mandate: (Section 92) “The Inspecting Judge must as soon as practicable, after publicly calling for nominations and consulting with community organisations, appoint an Independent Correctional Centre visitor for any Correctional Centre” ProvinceICCVs Eastern Cape28 Kwazulu Natal30 Free State27 Gauteng33 Limpopo6 Mpumalanga6 North West11 Northern Cape8 Western cape32 TOTAL181

APPOINTMENT OF ICCV Identify Community Organizations (database) Conduct Public Meetings Receive & Capture Nomination Forms Pre-select & Shortlist from ES Interview & Identify Suitable Candidates Training of Successful Candidates Appointment of ICCVs

VISITORS COMMITTEE LEGAL MANDATE Section 94(1) states that where appropriate, the Inspecting Judge for CSs may ESTABLISH a Visitors Committee (VC) for a particular geographical area consisting of the ICCVs appointed to CC in a particular region A Visitors Committee must meet monthly. Section 94 (3) states that the FUNCTIONS of the Visitors Committee are to: consider unresolved complaints with a view to their resolution submit to the Inspecting Judge those complaints which the VC cannot resolve extend and promote the community’s interest and involvement in correctional matters submit Monthly Reports, inclusive of 200 word reports to the Inspecting Judge

Dealing with mandatory reports Statutory mandate: –Section 15 (2) “Any death in prison must be reported forthwith to the Inspecting Judge who may carry out or instruct the Commissioner to conduct any enquiry”. –Section 25 (2) “The penalty of solitary confinement may only be implemented when the Inspecting Judge has confirmed such penalty”. –Section 30 (6) “All instances of segregation or extended segregation must be reported immediately by the HCC to the Area Manager and to the Inspecting Judge”. –Section 31(4) “All cases of the use of such mechanical restraints except handcuffs or leg-irons must be reported immediately by the HCC to the Area Manager and to the Inspecting Judge”.

Reports received from HCC Unnatural deaths Natural deaths Information verified: ICCV Correct no problem Information incorrect Obtain copy of DCS investigation Reading/ analysis of DCS report by JICS Confirm compliance with duty of care / statutory requirements Report to Inspecting Judge Report to Minister and National Commissioner Investigations Dealing with mandatory reports

ICCV Capture complaints on ROC at prison level Complaints are discussed with HCC Unresolved complaints are tabled at VC with intention of resolution thereof The VC chair person captures unresolved complaints on website, if not resolved at VC level Unresolved complaints are forwarded to JICS ICCV gives feedback to prisoner Community, Human rights, Public Protector, Members of Parliament or anonymous person May capture complaints directly on JICS website E-Complaint is automatically send to ICCV to interview inmate Dealing with complaints from inmates

Performance Audits of ICCVs Purpose of Audits Verify the duties performed by the ICCV. Monitor data integrity i.r.o information received from ICCV. Ensure and enforce accountability. Conduct site visits at the Correctional Centre. To check if inmates are familiar with the powers, functions and duties of ICCVs. To monitor the quality of the Records of Consultation as completed by the ICCVs and the comments of the HCC. Structured interview with the HCC –Relationship with ICCV –Security arrangements –Support to ICCV Structured interview with the ICCVs

Expenditure for 2008/2009 financial year