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SELECT COMMITTEE ON SECURITY AND JUSTICE 2019
5-YEAR TREND ANALYSIS: CORRECTIONAL SERVICES
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INTRODUCTION Purpose of presentation is to provide a brief overview of key aspects relating to the DCS in the 5th Parliament, including National Development Plan: Vision 2030 Priorities relating to DCS Mandate of DCS and oversight Budget: Summary of national and regional Correctional Services (DCS) budget allocations (2014/15 to 2019/20). Performance Selected issues for follow-up in 6th Parliament 2 2
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NATIONAL DEVELOPMENT PLAN: VISION 2030 PRIORITIES
DCS contributes to inter alia the NDP Chapter 12: Building Safer Communities The NDP has also framed in broad terms the importance of increasing substance abuse treatment and education programmes during imprisonment; and rehabilitating former offenders and assisting them to reintegrate into society. Priorities to achieve a crime-free South Africa Strengthen the criminal justice system Make the police service professional Demilitarise the police Increase rehabilitation of prisoners and reducing recidivism Build safety using an integrated approach Increase community participation in safety Four areas in which policies should be implemented towards an accountable state Building a resilient anti-corruption system Strengthen accountability and responsibility of public servants Create a transparent, responsive and accountable public service Strengthen judicial governance and the rule of law Achieving a corruption-free society - Strengthen anticorruption agencies – adequate resources, independence from political influence and powers to investigate corruption; and act on investigations Strengthen protection of whistle-blowers Develop greater central oversight over awarding of large tenders or tenders with long duration and empower tender compliance monitoring office (Chief Procurement Officer) to investigate corruption and monetary value of tenders. 3 3
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PARLIAMENTARY OVERSIGHT
MANDATE The mandate of the DCS derives from the Correctional Services Act 111 of 1998 – effective and humane incarceration of inmates and the rehabilitation and social reintegration of offenders. Since 2014 DCS resides under the Ministry of Justice and Correctional Services. PARLIAMENTARY OVERSIGHT The Select Committee on Security and Justice and the Portfolio Committee on Justice and Correctional Services have oversight over the Department of Correctional Services (DCS). Other independent oversight over the DCS are also done by: The Inspecting Judge of Correctional Services – monitor and reports to Parliament on conditions of incarceration, mandatory reporting re deaths and the use of mechanical restraints Independent Correctional Centre Visitors (ICCVs) – appointed by Inspecting Judge NGOs and Faith-based organisations – Advocacy, court judgment for DCS to reduce e.g. Pollsmoor overcrowding to under 120% Constitutional Court judges – e.g. Justice Cameron report conditions at Pollsmoor 4 4
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DEPARTMENT OF CORRECTIONAL SERVICES (DCS)
DCS has 243 correctional centres operating in six regions or management areas: (i) Eastern Cape, (ii) Free State and Northern Cape, (iii) Gauteng, (iv) KwaZulu-Natal (v) Limpopo, Mpumalanga and Northwest (vi) Western Cape Number of offenders National imprisonment rate was 286 prisoners per adult population (based on an estimated national population of 56.3 million on 31 March 2017 (Statistics SA). South Africa does not have an official national recidivism rate. Some commentators estimate it to be more than 66%. In 2017/18 the average inmate population increased to with an approved bed space of 118 723 (135.8% occupancy) compared to 2016/17 when it reached with an approved bed space of 119 134 (134% occupancy). On 31 March 2018, remand detainees (RDs) or awaiting–trial detainees (ADTs) comprised 46 142 or 28% of the total number of inmates, of which 110 or 0.24% were children. The regions with the most inmates in 2017/18 were Gauteng, followed by the Western Cape. Western Cape had the most RDs, followed by Gauteng. KwaZulu-Natal had the most children (sentenced and RDs) followed by the Free State, Northern Cape and Eastern Cape. 5 5
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BUDGET ALLOCATION Budget increased from R19.7 billion in 2014/15 to R25.4 billion in 2019/20. Expenditure remained stable between 99% and 100%. The biggest cost drivers are compensation of the DCS’s employees (totalling R17 billion in 2018/19); and capital projects which includes construction, upgrading, maintenance of correctional centres, and creating additional bed spaces. The 2019/20 Budget reflects a number of capital projects, some of which date back to 2015/16. but are still in “design” phase, even though funding has been allocated every year since inception. Cabinet approved a budget reduction of R245.2 million in 2017/18, mostly on goods and services (contractors, computer services, audit costs) and machinery and equipment (IT equipment). Cabinet approved a baseline reduction of R605.1 million (in 2018/19), R668.2 million (in 2019/20) and a further R709.6 million (in 2020/21). Most of the reductions were effected on accommodation charges for the maintenance of facilities in the Incarceration programme. 6 6
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REGIONAL BUDGET ALLOCATION
The regions with the highest allocations are Gauteng, followed by the Western Cape and KwaZulu-Natal. 7 7
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Key Performance indicators (KPIs) over the years
Performance in achieving targets increased from 59% in 2014/15 to 83% in 2017/18. Key Performance indicators (KPIs) over the years 8 8
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SELECTED ISSUES (i) Overcrowding has been a persistent challenge in DCS over the years. Large number of awaiting trial detainees (ATDs) drives the prison population size; and parole has not made a noticeable impact on reducing prison numbers. More sentenced inmates are serving lengthy prison sentences. More rigorous implementation of initiatives like the Bail Protocol and reducing the amount of bail of ATDs needed to reduce overcrowding. It has been less successful as many ATDs are denied bail because they are charged with serious offences (e.g. rape, murder, aggravated assault and robbery). Strict adherence to Section 49G of Correctional Services Act 111 of 1998: maximum period in remand detention may not exceed 2 years without the matter having been brought to the attention of the court concerned Electronic monitoring contract was cancelled (ii) Corruption – nutritional services contracts Testimony at the Zondo Commission of Enquiry into State Capture included allegations that certain senior DCS officials were paid bribes by Bosasa for the awarding of tender contracts. The nutrition services of African Global Operations (AGO), previously known as Bosasa, lapsed on 24 March 2019 after cancelation by DCS (following AGOs application for voluntary liquidation), which affected 26 kitchens as DCS had to increase its insourcing of nutrition. DCS said at the time that it had a detailed implementation plan to ensure seamless transition and mitigate identified risks in the areas of legal, security, financial and health areas. The Portfolio Committee advised DCS to put in place a mechanism to avoid a situation where one company becomes a dominant service provider and in the process, monopolises the department. 9 9
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SELECTED ISSUES (continued)
(iii) Security in correctional centres – Escapes; gang-related activities (iv) Smuggling contraband and cell phones into DCS facilities (v) Assault and unnatural deaths – inmate on inmate violence, official on inmate violence, inmate on official violence (vi) Provision of health and social services - medical professionals and social worker vacancies (vii) Vacancies among custodial staff (viii) Delays in construction of correctional facilities and escalating costs (ix) DCS received a Qualified Audit opinion in 2017/18: It did not maintain accurate and complete records of the contractual information used to determine commitments. This resulted in commitments being understated by R329,704,671. The Auditor-General could not (a) obtain sufficient appropriate audit evidence for the amounts disclosed; (b) confirm the commitments by alternative means and (c) determine whether any adjustment was required to commitments stated at R2,284,084,000 in the financial statements. Patricia Whittle: Researcher Security and Justice 10 10
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