1. 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

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

3. 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.”

4. 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.

5. 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.

6. Budget for 2016-2017 Total budget R65 309 000 Compensation R57 380 000
Goods and Services R
Expenditure to date R

7. 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

8. INVESTIGATIONS & INSPECTIONS
A total of 13 investigations and 81 inspections were conducted by the Inspectorate during the 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

9. 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 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
reports of segregations

10. COMPLAINTS MANAGEMENT SYSTEM
The table below indicates the complaints received in the 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

11. 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.

12. 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

13. 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

14. 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

15. 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

16. THANK YOU