1. Republic of South Africa
Judicial Inspectorate for Correctional Services
THE JUDICIAL INSPECTORATE FOR CORRECTIONAL SERVICES (JICS) Presentation to the Select Committee on Security and Justice regarding Justice Cameron’s Report on Pollsmoor Management Area
Presented by Acting Director: Mr Umesh Raga
Office of the Inspecting Judge
24 August 2016

2. OUTLINE OF THE PRESENTATION
THE JICS STATUTORY MANDATE
POWERS, FUNCTIONS & DUTIES OF INSPECTING JUDGE
STRATEGIC OBJECTIVE
OBSERVATIONS AND FINDINGS AT POLLSMOOR CORRECTIONAL CENTRE
POLLSMOOR – THE JUSTICE CAMERON REPORT
ROLE OF JICS IN RESPECT TO THE JUDGE CAMERON’S REPORT
THE JICS / POLLSMOOR RELATIONSHIP
OTHER CHALLENGES FACED BY DCS

3. THE JICS STATUTORY MANDATE
JICS is established by section 85 (1) of the Correctional Services Act 111 of 1998 and opened its office in June 1998
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.”
Whilst it is functionally independent it is wholly dependent on DCS for its funding, human resource processes, administrative and information technology infrastructure

4. POWERS, FUNCTIONS & DUTIES OF INSPECTING JUDGE
The Inspecting Judge inspects or arranges for the inspection of correctional centres and remand facilities in order to:
report on the treatment of inmates in correctional centres and remand facilities and on conditions, and any corrupt or dishonest practices in correctional centres and remand facilities – section 90(1)
deal with complaints of inmates on its own volition or from other organs, including from Independent Correctional Centre Visitor Committees and individual ICCV’s in urgent matters – section 90(2) read with section 93(5) & 94(3)(a)&(b)
Monitor inmate deaths (section 15), their segregation (section 30) & being mechanically restrained (section 31) and the use of force visited upon inmates (section 32)

5. POWERS, FUNCTIONS & DUTIES OF INSPECTING JUDGE continued
Submit a report on each inspection to the Minister and Portfolio Committee on Justice and Correctional Services – section 90(3)
Submit an annual report to the President and the Minister – section 90(4)
Make any enquiry and hold hearings (i.t.o. the Commissions Act, 8 of 1947) for the purpose of an investigation section 90(5)
Assign functions to inspectors (except in conducting a hearing) and make rules not inconsistent with the Act – sections 90(7) and 90(9)
Request the CEO, after publically calling for nominations and consulting with community organisations, to appoint Independent Correctional Centre Visitors – section 92(1)
JICS is a reporting body with no binding powers over DCS bar limited power to adjudicate appeals to segregations and mechanical restraints

6. 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

7. OBSERVATIONS AND FINDINGS AT POLLSMOOR CORRECTIONAL CENTRE
Leptospirosis, is also known as field fever or rat catcher's yellow - a disease spread through contact with rat urine. The incident at Pollsmoor Remand Centre related to the outbreak of Leptospirosis in August 2015 was preceded by an inspection on 29 and 30 June 2015.
Amongst JICS’ findings in June
• Hot water was not regularly available;
• Many inmates were not provided with beds and slept on the floor with or without adequate bedding ;
Many inmates were doubled or tripled-up in single and communal cells – severely overcrowded and congested
• Meal were not served per legislative requirement;
• The level of hygiene in particular in the passages of C, D and E units were unacceptable ; other sections were not much better
The JICS inspection report was presented to the DCS at the time with recommendations to urgently improve the conditions and the levels of overcrowding
The outbreak was not surprising to JICS

8. OBSERVATIONS AND FINDINGS AT POLLSMOOR CORRECTIONAL CENTRE continued…
Subsequent to the outbreak the death of an inmate, a 52 year old male, was reported.
At the Visitors Committee Meeting held on 10 June 2015, the ICCV for Pollsmoor Remand reported on the infestation of cockroaches, lice and mice in the centre. It was further noted that bedding and linen was not frequently washed as the washing machine was broken.
At the following Visitors Committee Meeting held at Pollsmoor on 7 July 2015, it was reported that inmates suffered from pimples and skin rash because of a lice infestation.
The Area Commissioner for Pollsmoor was present at the meeting and informed that fumigation of the lice was currently being undertaken.

9. POLLSMOOR – THE JUSTICE CAMERON REPORT
Justice Cameron inspected on 23 April 2015 and produced his written report in July 2015 when DCS provided an action plan on 7 August 2015.
The action plan identified
Assaults by officials
Inmates not receiving exercise
Access to medical services and medication
The provision of meals
Beds and bedding
Hot water
Ablution and bathing facilities dysfunctional
Lighting and ventilation
Personal hygiene supplies
Library and reading material
TB / HIV
Budget deficit
Staffing
Extreme overcrowding
Access to professional medical personnel
Public Works Department

10. ROLE OF JICS IN RESPECT TO THE JUDGE CAMERON’S REPORT
The ICCV’s daily continue to consult with inmates and bring their complaints to the attention of DCS
On 21 January 2016, a JICS delegation accompanied Justice Johann van der Westhuizen on a visit to Pollsmoor CC
On 25 February 2016, a JICS delegation accompanied the SAHRC on a visit to Pollsmoor CC
JICS delegation accompanied the PSC on a visit
In each of the visits the same section at the remand facility was inspected and it was noticeable that the area had been re-painted, the degree of cleanliness and hygiene had improved and that inmates generally had their complaints attended to.
The status quo regarding meals, exercise and poor plumbing remained
The ratio of official to inmate was still to wide
However, the level and extent of overcrowding was still excessive and without a severe reduction the situation would not improve
The rate of reports of assault by officials has decreased
Complaints by inmates monitored by ICCV’s are reportedly better dealt with
JICS, notwithstanding some improvement, maintains the view that unless Pollsmoor Remand population is reduced drastically the situation will continue
The Johannesburg Remand facility is an excellent example of a successful downward slide in numbers
We have expressed the view many times that the amendment to the CSA 111 of 1998 – section 49 G – will not be effective if DCS provides only a list of detainees and not “new facts” as bail law requires. DCS have advised that they have no staff to compile substantive reports to present to the Court

11. THE JICS / POLLSMOOR RELATIONSHIP
JICS continues to strive to maintain a cordial and professional relationship with Pollsmoor officials
ICCV’s have reported on Pollsmoor management being unhappy with the litigation between Sonke Gender Justice and DCS.
JICS have advised that the role and views of it and ICCV’s cannot be influenced to the extent that our impartiality is impugned – same being a principle and very foundation of JICS
JICS was invited to the Western Cape Regional Management Forum in May 2016 at which our relationship was discussed

12. OTHER CHALLENGES FACED BY DCS
Our annual reports are instructive and have repeatedly cited overcrowding, poor infrastructure, inmate to staff ratio as systemic problems
DCS officials require specific and regular training in the use of force, the nature of the EST operations requires a re-focus from a quasi-militaristic approach to a more humane one
The various branches of DCS, i.e. incarceration, care, rehabilitation require synergy and a shift in budget toward the rehabilitation path than lock-up
DCS should be supported by SAPS and Justice when criminal charges are laid by inmates – inquests into deaths, slow and poor investigations by SAPS in assaults are often complained of
DCS ought to re-examine the role of professionals, i.e. social workers, nurses and educators who are employed by them and not seconded by the professional departments

13. END THANK YOU